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HomeMy WebLinkAbout1419 . ~o~. 230 ~~c: 077 Participant, the Administrator may: (1) surrender such contracts to the insurer for their cash value and such cash shall become part of the Trust Fund assets; or (21 in the event that the Vested _ portion of the Former Participant's Present Value of Accrued Benefit equals or exceeds the cash surrender values of any Contracts, the Trustee, when so directed by the Administrator, and agreed to by the Participant shall assign, transfer, and set over to such Participant all Contracts on his life in such form or with such endorsements, if any, as-the Administrator may, in his discre- tion, direct, restricting the right of the Participant to surrender, assign, or otherwise realize cash on the contract or contracts prior to Normal Retirement Date. In the event that the Vested portion of the Participant's Present Value of Accrued Benefit does not at least equal the cash surrender values of the Contracts, if any, the Participant may, with the appioval o~ the Administrator, pay over to the Trustee the sum needed to make the distribution equal to the value of the Contracts being assigned or transferred, or the Trustee may borrow the cash surrender values of the Contracts from the insurer and then assign .the Contracts to the Participant. (b) The Vested portion of a Terminated Participant's Accrued benefit shall be a percentage of such Accrued Benefit determined on the basis of the Participant's Year of Service according to the following schedule: VESTING SCHEDULE Years of Service Percentage 1 10~ 2 20~ 3 30~ 4 40~ S S0~ 6 60$ 7 70~ 8 80~ 9 90~ 10 100 (c) A Participant's Vested interest shall not be reduced as the result of any amendment to this Article. In the event that this Agreement is amended to change or modify Section 5.5(b), a Participant with at least five (S) Years of Service as of the date such amendment is adopted, or as of the amendment's effective date, may elect to be subject to the pre-amendment vesting schedule. If a Participant fails to make such election, then such Participant shall be subject to the new vesting schedule. The e--lection of the Participant must be made within a reasonable time after the adoption of such amendment. f~ ' (d) If any Former Participant shall be reemployed by the Employer before a 1-Year Break in Service occurs, he shall continue to participate in the Plan. in the same manner as if such termination had not occurred. In the event that any Participant shall terminate ' his employment but later be reemployed after a 1-Year Break in Service and shall complete one (1) Year of Service, he shall continue to participate in the Plan in the same manner as if such termination had not occurred. In the event that the reemployed Participant received payment of his Vested Accrued Benefit in the Plan, the preceding sentence shall apply only if he repays the full amount distributed to him, other than his Voluntary contribution, together with interest at the rate of five percent (S~) per annum (or such other rate as may be determined by the Secretary of Treasury or his delegate) before the end of one year from the date of reemployment. -19 - goof 23U ~~c=_ 077 E nQna~