Common use of Time and Manner of Distribution Clause in Contracts

Time and Manner of Distribution. (a) REQUIRED BEGINNING DATE: The Member’s entire interest will be distributed, or begin to be distributed, to the Member no later than the Member’s required beginning date. (b) DEATH OF MEMBER BEFORE DISTRIBUTIONS BEGIN: If the Member dies before distributions begin, the Member’s entire interest will be distributed, or begin to be distributed, no later than as follows: (1) If the Member’s surviving spouse is the Member’s sole designated beneficiary, then distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the Member died, or by December 31 of the calendar year in which the Member would have attained age 70 IA, if later. (2) If the Member’s surviving spouse is not the Member’s sole designated beneficiary, then distributions to the designated beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the Member died. (3) If there is no designated beneficiary as of September 30 of the year following the year of the Member’s death, the Member’s entire interest will be distributed by December 31 of the calendar year containing the fifth anniversary of the Member’s death. (4) If the Member’s surviving spouse is the Member’s sole designated beneficiary and the surviving spouse dies after the Member but before distributions to the surviving spouse begin, this Section 8.13 will apply as if the surviving spouse were the Member. For purposes of this Section and Section 8.16, distributions are considered to begin on the Member’s required beginning date (or, if Section 8.13 (b)(4) applies, the date distributions are required to begin to the surviving spouse under Section 8.13 (b)(1).) If annuity payments irrevocably commence to the Member before the Member’s required beginning date (or to the Member’s surviving spouse before the date distributions are required to begin to the surviving spouse under Section 8.13(b)(1)), the date distributions are considered to begin is the date distributions actually commence.

Appears in 2 contracts

Samples: Retirement Plan and Trust Agreement, Retirement Plan and Trust Agreement

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Time and Manner of Distribution. (a) REQUIRED BEGINNING DATE: The Memberparticipant’s entire interest will be distributed, or begin to be distributed, to the Member participant no later than the Memberparticipant’s required beginning date. (b) DEATH OF MEMBER BEFORE DISTRIBUTIONS BEGIN: Required Beginning Date. If the Member participant dies before distributions begin, the Memberparticipant’s entire interest will be distributed, or begin to be distributed, no later than as follows: (1) If the Memberparticipant’s surviving spouse is the Memberparticipant’s sole designated beneficiary, then then, except as provided in the Plan, distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the Member participant died, or by December 31 of the calendar year in which the Member participant would have attained age 70 IA1/2, if later. (2) If the Memberparticipant’s surviving spouse is not the Memberparticipant’s sole designated beneficiary, then then, except as provided in the Plan, distributions to the designated beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the Member participant died. (3) If there is no designated beneficiary as of September 30 of the year following the year of the Memberparticipant’s death, the Memberparticipant’s entire interest will be distributed by December 31 of the calendar year containing the fifth anniversary of the Memberparticipant’s death. (4) If the Memberparticipant’s surviving spouse is the Memberparticipant’s sole designated beneficiary and the surviving spouse dies after the Member participant but before distributions to the surviving spouse begin, this Section 8.13 section 11.4(b), other than section 11.4(b)(1), will apply as if the surviving spouse were the Memberparticipant. For purposes of this Section section 11.4(b), and Section 8.16section 11.4(d), unless section 11.4(b)(4) applies, distributions are considered to begin on the Memberparticipant’s required beginning date (or, if Section 8.13 (b)(4date. If section 11.4(b)(4) applies, distributions are considered to begin on the date distributions are required to begin to the surviving spouse under Section 8.13 (b)(1section 11.4(b)(1).) . If distributions under an annuity payments purchased from an insurance company irrevocably commence to the Member participant before the Memberparticipant’s required beginning date (or to the Memberparticipant’s surviving spouse before the date distributions are required to begin to the surviving spouse under Section 8.13(b)(1section 11.4(b)(1)), the date distributions are considered to begin is the date distributions actually acually commence. Unless the participant’s interest is distributed in the form of an annuity purchased from an insurance company or in a single sum on or before the required beginning date, as of the first distribution calendar year distributions will be made in accordance with sections 11.4(c) and (d). If the participant’s interest is distributed in the form of an annuity purchased from an insurance company, distributions thereunder will be made in accordance with the requirements of section 401(a)(9) of the Code and the Treasury regulations.

Appears in 1 contract

Samples: Employee Stock Ownership Plan With 401(k) Provisions (Guaranty Bancshares Inc /Tx/)

Time and Manner of Distribution. (a1) REQUIRED BEGINNING DATE: The MemberParticipant’s entire interest will be distributed, or begin to be distributed, to the Member Participant no later than the MemberParticipant’s required beginning date“Required Beginning Date. (b2) DEATH OF MEMBER BEFORE DISTRIBUTIONS BEGIN: If the Member Participant dies before distributions begin, the MemberParticipant’s entire interest will be distributed, or begin to be distributed, no later than as follows: (1i) If the MemberParticipant’s surviving spouse is the MemberParticipant’s sole designated beneficiary, “Designated Beneficiary,” then distributions to the surviving spouse will begin by December 31 31st of the calendar year immediately following the calendar year in which the Member Participant died, or by December 31 31st of the calendar year in which the Member Participant would have attained age 70 IA72, if later.. For Participants who attained (or who would have attained) age 70½ prior to January 1, 2020, the reference to age 72 in the preceding sentence shall be replaced with age 70½. (2ii) If the Member’s surviving spouse is not the Member’s sole designated beneficiary, then Participant dies before distributions to the designated beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the Member died. (3) If and there is no designated beneficiary as of September 30 of a “Designated Beneficiary,” then the year following the year of the Member’s death, the MemberParticipant’s entire interest will be distributed to the “Designated Beneficiary” by December 31 31st of the calendar year containing the fifth anniversary of the MemberParticipant’s death. (4) . If the MemberParticipant’s surviving spouse is the MemberParticipant’s sole designated beneficiary “Designated Beneficiary” and the surviving spouse dies after the Member Participant but before distributions to either the Participant or the surviving spouse begin, then this Section 8.7(b)(2)(ii) will apply as if the surviving spouse were the Participant. This Section 8.7(b)(2)(ii) will apply to all distributions other than distributions to a surviving spouse. (iii) If there is no “Designated Beneficiary” as of September 30th of the year following the year of the Participant’s death, the Participant’s entire interest will be distributed by December 31st of the calendar year containing the fifth anniversary of the Participant’s death. (iv) If the Participant’s surviving spouse is the Participant’s sole “Designated Beneficiary” and the surviving spouse dies after the Participant but before distributions to the surviving spouse begin, then this Section 8.13 8.7(b), other than Section 8.7(b)(2)(i), will apply as if the surviving spouse were the MemberParticipant. For purposes of this Section 8.7(b) and Section 8.168.7(e), distributions are considered to begin on the MemberParticipant’s required beginning date “Required Beginning Date” (or, if Section 8.13 (b)(48.7(b)(2)(iv) applies, the date distributions are required to begin to the surviving spouse under Section 8.13 (b)(18.7(b)(2)(i).) ). If annuity payments irrevocably commence to the Member Participant before the MemberParticipant’s required beginning date “Required Beginning Date” (or to the MemberParticipant’s surviving spouse before the date distributions are required to begin to the surviving spouse under Section 8.13(b)(18.7(b)(2)(i)), the date distributions are considered to begin is the date distributions actually commence. (3) Unless the Participant’s interest is distributed in the form of an annuity purchased from an insurance company or in a single sum on or before the “Required Beginning Date,” as of the first “Distribution Calendar Year” distributions will be made in accordance with Sections 8.7(c), 8.7(d), and 8.7(e). If the Participant’s interest is distributed in the form of an annuity purchased from an insurance company, distributions thereunder will be made in accordance with the requirements of Code §401(a)(9) and the Treasury regulations thereunder. Any part of the Participant’s interest which is in the form of an individual account described in Code §414(k) will be distributed in a manner satisfying the requirements of Code §401(a)(9) and the Treasury regulations thereunder applicable to individual accounts.

Appears in 1 contract

Samples: Single Defined Benefit Plan

Time and Manner of Distribution. (a) REQUIRED BEGINNING DATE: The A Member’s entire interest will be distributed, or begin to be distributed, to the such Member no later than the Member’s required beginning dateRequired Beginning Date. (b) DEATH OF MEMBER BEFORE DISTRIBUTIONS BEGIN: If the Member dies before distributions begin, the Member’s entire interest will be distributed, or begin to be distributed, no later than as follows: (1) If the Member’s surviving spouse is the Member’s sole designated beneficiaryDesignated Beneficiary, then then, except as provided in Section 25.6, distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the Member died, or by December 31 of the calendar year in which the Member would have attained age 70 IA1/2, if later. (2) If the Member’s surviving spouse is not the Member’s sole designated beneficiaryDesignated Beneficiary, then then, except as provided in Section 25.6, distributions to the designated beneficiary Designated Beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the Member died.. Index (3) If there is no designated beneficiary Designated Beneficiary as of September 30 of the year following the year of the Member’s death, the Member’s entire interest will be distributed by December 31 of the calendar year containing the fifth anniversary of the Member’s death. (4) If the Member’s surviving spouse is the Member’s sole designated beneficiary Designated Beneficiary and the surviving spouse dies after the Member but before distributions to the surviving spouse begin, this Section 8.13 25.2(b), other than Section 25.2(b)(1), will apply as if the surviving spouse were the Member. For purposes of this Section 25.2(b) and Section 8.1625.4, unless Section 25.2(b)(4) applies, distributions are considered to begin on the Member’s required beginning date (or, if Required Beginning Date. If Section 8.13 (b)(425.2(b)(4) applies, distributions are considered to begin on the date distributions are required to begin to the surviving spouse under Section 8.13 (b)(125.2(b)(1). (c) If annuity payments irrevocably commence to the Member before Unless the Member’s required beginning date (interest is distributed in a single sum on or to the Member’s surviving spouse before the date Required Beginning Date, as of the first Distribution Calendar Year, distributions are required to begin to the surviving spouse under will be made in accordance with Section 8.13(b)(1)), the date distributions are considered to begin is the date distributions actually commence25.3 and Section 25.4.

Appears in 1 contract

Samples: Trust Agreement (Royal Dutch Shell PLC)

Time and Manner of Distribution. (a1) REQUIRED BEGINNING DATE: The MemberParticipant’s entire interest will be distributed, or begin to be distributed, to the Member Participant no later than the MemberParticipant’s required beginning date“Required Beginning Date. (b2) DEATH OF MEMBER BEFORE DISTRIBUTIONS BEGIN: If the Member Participant dies before distributions begin, the MemberParticipant’s entire interest will be distributed, or begin to be distributed, no later than as follows: (1i) If the MemberParticipant’s surviving spouse is the MemberParticipant’s sole designated beneficiary, “Designated Beneficiary,” then distributions to the surviving spouse will begin by December 31 31st of the calendar year immediately following the calendar year in which the Member Participant died, or by December 31 31st of the calendar year in which the Member Participant would have attained age 70 IA1/2, if later. (2ii) If the Member’s surviving spouse is not the Member’s sole designated beneficiary, then Participant dies before distributions to the designated beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the Member died. (3) If and there is no designated beneficiary as of September 30 of a “Designated Beneficiary,” then the year following the year of the Member’s death, the MemberParticipant’s entire interest will be distributed to the “Designated Beneficiary” by December 31 31st of the calendar year containing the fifth anniversary of the MemberParticipant’s death. (4) . If the MemberParticipant’s surviving spouse is the MemberParticipant’s sole designated beneficiary “Designated Beneficiary” and the surviving spouse dies after the Member Participant but before distributions to either the Participant or the surviving spouse begin, then this Section 8.7(b)(2)(ii) will apply as if the surviving spouse were the Participant. This Section 8.7(b)(2)(ii) will apply to all distributions other than distributions to a surviving spouse. (iii) If there is no “Designated Beneficiary” as of September 30th of the year following the year of the Participant’s death, the Participant’s entire interest will be distributed by December 31st of the calendar year containing the fifth anniversary of the Participant’s death. (iv) If the Participant’s surviving spouse is the Participant’s sole “Designated Beneficiary” and the surviving spouse dies after the Participant but before distributions to the surviving spouse begin, then this Section 8.13 8.7(b), other than Section 8.7(b)(2)(i), will apply as if the surviving spouse were the MemberParticipant. For purposes of this Section 8.7(b) and Section 8.168.7(e), distributions are considered to begin on the MemberParticipant’s required beginning date “Required Beginning Date” (or, if Section 8.13 (b)(48.7(b)(2)(iv) applies, the date distributions are required to begin to the surviving spouse under Section 8.13 (b)(18.7(b)(2)(i).) ). If annuity payments irrevocably commence to the Member Participant before the MemberParticipant’s required beginning date “Required Beginning Date” (or to the MemberParticipant’s surviving spouse before the date distributions are required to begin to the surviving spouse under Section 8.13(b)(18.7(b)(2)(i)), the date distributions are considered to begin is the date distributions actually commence. (3) Unless the Participant’s interest is distributed in the form of an annuity purchased from an insurance company or in a single sum on or before the “Required Beginning Date,” as of the first “Distribution Calendar Year” distributions will be made in accordance with Sections 8.7(c), 8.7(d), and 8.7(e). If the Participant’s interest is distributed in the form of an annuity purchased from an insurance company, distributions thereunder will be made in accordance with the requirements of Code §401(a)(9) and the Treasury regulations thereunder. Any part of the Participant’s interest which is in the form of an individual account described in Code §414(k) will be distributed in a manner satisfying the requirements of Code §401(a)(9) and the Treasury regulations thereunder applicable to individual accounts.

Appears in 1 contract

Samples: Single Defined Benefit Plan

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Time and Manner of Distribution. (a) REQUIRED BEGINNING DATE: The MemberParticipant’s entire interest will be distributed, or begin to be distributed, to the Member Participant no later than the MemberParticipant’s required beginning date. (b) DEATH OF MEMBER BEFORE DISTRIBUTIONS BEGIN: . If the Member Participant dies before distributions begin, the MemberParticipant’s entire interest will be distributed, or begin to be distributed, no later than as follows: (1a) If the MemberParticipant’s surviving spouse is the MemberParticipant’s sole designated beneficiary, then distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the Member Participant died, or by December 31 of the calendar year in which the Member Participant would have attained age 70 IA70½, if later. (2b) If the MemberParticipant’s surviving spouse is not the MemberParticipant’s sole designated beneficiary, then distributions to the designated beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the Member Participant died. (3c) If there is no designated beneficiary as of September 30 of the year following the year of the MemberParticipant’s death, the MemberParticipant’s entire interest will be distributed by December 31 of the calendar year containing the fifth anniversary of the MemberParticipant’s death. (4d) If the MemberParticipant’s surviving spouse is the MemberParticipant’s sole designated beneficiary and the surviving spouse dies after the Member Participant but before distributions to the surviving spouse begin, this Section 8.13 12.03, other than Section 12.03(a) above, will apply as if the surviving spouse were the MemberParticipant. For purposes of this Section 12.03, Section 12.06 and Section 8.1612.07, unless Section 12.03(d) above applies, distributions are considered to begin on the MemberParticipant’s required beginning date (or, if date. If Section 8.13 (b)(412.03(d) above applies, distributions are considered to begin on the date distributions are required to begin to the surviving spouse under Section 8.13 (b)(1).12.03(a) above. If distributions under an annuity payments purchased from an insurance company irrevocably commence to the Member Participant before the MemberParticipant’s required beginning date (or to the MemberParticipant’s surviving spouse before the date distributions are required to begin to the surviving spouse under Section 8.13(b)(1)12.03(a) above), the date distributions are considered to begin is the date distributions actually commence.

Appears in 1 contract

Samples: Employee Stock Ownership Plan and Trust Agreement (Origin Bancorp, Inc.)

Time and Manner of Distribution. (a) REQUIRED BEGINNING DATE: i. The Member’s Participant's entire vested interest will be distributed, or begin to be distributed, to the Member Participant no later than the Member’s required beginning dateParticipant's Required Beginning Date. (b) DEATH OF MEMBER BEFORE DISTRIBUTIONS BEGIN: ii. If the Member Participant dies before distributions begin, the Member’s Participant's entire vested interest will be distributed, or begin to be distributed, no later than as follows: (1) A. If the Member’s Participant's surviving spouse is the Member’s Participant's sole designated beneficiaryDesignated Beneficiary, then distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the Member Participant died, or by December 31 of the calendar year in which the Member Participant would have attained age 70 IA70½, if later; provided, however, the surviving spouse may elect to receive the Member's entire vested interest by December 31 of the calendar year containing the fifth anniversary of the Member's death. Such election must be made no later than the earlier of September 30 of the calendar year in which the distribution would be required to begin under this Section 6.10.b.ii.A, or by September 30 of the calendar year which contains the fifth anniversary of the Member's death. (2) B. If the Member’s Participant's surviving spouse is not the Member’s Participant's sole designated beneficiaryDesignated Beneficiary, then distributions to the designated beneficiary Designated Beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the Member Participant died; provided, however, the Designated Beneficiary may elect to receive the Member's entire vested interest by December 31 of the calendar year containing the fifth anniversary of the Member's death. Such election must be made no later than the earlier of September 30 of the calendar year in which the distribution would be required to begin under this Section 6.10.b.ii.B, or by September 30 of the calendar year which contains the fifth anniversary of the Member's death. (3) C. If there is no designated beneficiary Designated Beneficiary as of the September 30 of the year following the year of the Member’s Participant's death, the Member’s Participant's entire vested interest will be distributed by December 31 of the calendar year containing the fifth anniversary of the Member’s Participant's death. (4) D. If the Member’s Participant's surviving spouse is the Member’s Participant's sole designated beneficiary Designated Beneficiary, and the surviving spouse dies after the Member Participant but before distributions to the surviving spouse begin, this Section 8.13 will 6.10.b.ii., other than Section 6.10.b.ii.A., shall apply as if the surviving spouse were the MemberParticipant. For purposes of this Section 6.10.b.ii. and subsection 6.10.d., unless Section 8.166.10.b.ii.D. applies, distributions are considered to begin on the Member’s required beginning date (or, if Participant's Required Beginning Date. If Section 8.13 (b)(4) 6.10.b.ii.D. applies, distributions are considered to begin on the date distributions are required to begin to the surviving spouse under Section 8.13 (b)(1)6.10.b.ii.) If A. iii. Unless the Participant's vested interest is distributed in the form of an annuity payments irrevocably commence to the Member purchased from an insurance company or in a single lump sum on or before the Member’s required beginning date (or to Required Beginning Date, as of the Member’s surviving spouse before the date first Distribution Calendar Year, distributions are required to begin to the surviving spouse under Section 8.13(b)(1)), the date distributions are considered to begin is the date distributions actually commenceshall be made in accordance with Sections 6.10.c. and 6.10.

Appears in 1 contract

Samples: Pension Plan and Trust Agreement

Time and Manner of Distribution. (a) REQUIRED BEGINNING DATE: i. The MemberParticipant’s entire vested interest will be distributed, or begin to be distributed, to the Member Participant no later than the MemberParticipant’s required beginning dateRequired Beginning Date. (b) DEATH OF MEMBER BEFORE DISTRIBUTIONS BEGIN: ii. If the Member Participant dies before distributions begin, the MemberParticipant’s entire vested interest will be distributed, or begin to be distributed, no later than as follows: (1) A. If the MemberParticipant’s surviving spouse is the MemberParticipant’s sole designated beneficiaryDesignated Beneficiary, then distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the Member Participant died, or by December 31 of the calendar year in which the Member Participant would have attained age 70 IA70½, if later; provided, however, the surviving spouse may elect to receive the Member’s entire vested interest by December 31 of the calendar year containing the fifth anniversary of the Member’s death. Such election must be made no later than the earlier of September 30 of the calendar year in which the distribution would be required to begin under this subparagraph 6.11.b.ii.A, or by September 30 of the calendar year which contains the fifth anniversary of the Member’s death. (2) B. If the MemberParticipant’s surviving spouse is not the MemberParticipant’s sole designated beneficiaryDesignated Beneficiary, then distributions to the designated beneficiary Designated Beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the Member Participant died; provided, however, the Designated Beneficiary may elect to receive the Member’s entire vested interest by December 31 of the calendar year containing the fifth anniversary of the Member’s death. Such election must be made no later than the earlier of September 30 of the calendar year in which the distribution would be required to begin under this subparagraph b.11.b.ii.B, or by September 30 of the calendar year which contains the fifth anniversary of the Member’s death. (3) C. If there is no designated beneficiary Designated Beneficiary as of the September 30 of the year following the year of the MemberParticipant’s death, the MemberParticipant’s entire vested interest will be distributed by December 31 of the calendar year containing the fifth anniversary of the MemberParticipant’s death. (4) D. If the MemberParticipant’s surviving spouse is the MemberParticipant’s sole designated beneficiary Designated Beneficiary, and the surviving spouse dies after the Member Participant but before distributions to the surviving spouse begin, this Section 8.13 will paragraph 6.11.b.ii, other than subparagraph 6.11.b.ii.A, shall apply as if the surviving spouse were the MemberParticipant. For purposes of this Section paragraph 6.11.b.ii and Section 8.16subsection 6.11.d, unless subparagraph 6.11.b.ii.D applies, distributions are considered to begin on the MemberParticipant’s required beginning date (or, if Section 8.13 (b)(4) Required Beginning Date. If subparagraph 6.11.b.ii.D applies, distributions are considered to begin on the date distributions are required to begin to the surviving spouse under Section 8.13 (b)(1)subparagraph 6.11.b.ii.) If annuity payments irrevocably commence to A. iii. Unless the Member before the MemberParticipant’s required beginning date (or to the Member’s surviving spouse before the date distributions are required to begin to the surviving spouse under Section 8.13(b)(1)), the date distributions are considered to begin vested interest is the date distributions actually commence.distributed in

Appears in 1 contract

Samples: Pension Plan Amendment

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