Unlocking for Non-Resident Employee Sample Clauses

Unlocking for Non-Resident Employee. Notwithstanding Article V, Section 2(c)(3) and the locking-in provisions of the Plan: (a) an employee who terminates service or loses credited service and who is entitled to elect a transfer of commuted value pursuant to Article I, Section 13 or Article V, Section 2(c)(3); or (b) a spouse who is entitled a monthly pre-retirement death benefit under the provisions of Article I, Section 7(h), or a lump sum death benefit under the provisions of Article I, Section 7(i), or a transfer of an interest in an employee’s benefit under the plan pursuant to Article IV, Section 4; and who is determined by Canada Revenue Agency to be a non- resident of Canada for purposes of the Income Tax Act may elect to receive such commuted value plus, if applicable, payment of the employee’s defined contribution account, in a lump sum provided that the employee or spouse, as applicable, completes and files the prescribed documents with the Company. In the alternative, the employee or spouse may elect to transfer the commuted value plus, if applicable, payment of the employee’s defined contribution account, to a registered retirement savings plan. A transfer in accordance with this Section 3 of Appendix D is subject to an order under the Garnishment Act (Manitoba) or The Family Maintenance Act (Manitoba) in effect at the time of the payment or transfer. Effective March 1, 2003, the Company sold its defense business in London, Ontario (the “London Defense Operations”) to General Dynamics Land System Inc. The provisions of this Appendix shall apply to each employee who was employed by the Company at the London Defense Operations and who became an employee of the Purchaser on October 1, 2003. This Appendix contains the special provisions which apply to the Transferred Employees effective as of October 1, 2003. The regular provisions of the Plan shall apply to the Transferred Employees except to the extent that they are modified by this Appendix.