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HomeMy WebLinkAbout1421 . ' . . F.. 230 P~,: 079 ~co•. (i) One lump-sum payment in cash or in property; (ii) Payment in equal monthly, quarterly, semi-annual or annual cash installments over a period not exceeding fifteen (1S) years. The number of years may not exceed the Participant's life expectancy; (iii) Purchase of an annuity (other than those provided for in Section 5.1(d) and S.6(a)). However, such annuity may not be in any form that will guarantee payments beyond the earlier of twenty (20) years or age eighty-five (85). (c) The Administrator may elect to purchase a joint and survivor option when the joint annuitant is someone other than the spouse of the Participant, in which case the monthly payments to the Participant must be at least equivalent to the amount he would have received had he elected a period certain and life there- after option, as limited by (b)(iii) above. S.7 DISTRIBUTION FOR MINOR BENEFICIARY. In the event a distri- bution is to be-made to a minor, then the Administrator may in its discretion make such distribution to the legal guardian, or if none, to a parent of such Beneficiary with whom the Beneficiary _ maintains his residence. Such a payment to the legal guardian or parent of a minor Beneficiary shall fully discharge the Trustee, Employer, and Plan from further liability on account thereof. 5.8 LOCATION OF PARTICIPANT OR BENEFICIARY UNKNOWN. In the event that all, or any portion of the distribution payable to a Participant or his Beneficiary hereunder shall, at the ex- piration of five (S) years after it shall become payable, remain unpaid, solely by reason of the inability of the Administrator, after sending a registered letter, return receipt requested, to the last known address, and after further diligent effort, to ascertain the whereabouts of such_Participant or his•Beneficiary, the amount so distributable shall be forfeited and shall be used ~ to reduce the cost of the Plan. In the event a Participant or i Beneficiary is located subsequent to his benefit being forfeited, such benefit shall be restored. S.9 TIME OF SEGREGATION OR DISTRIBUTION. Notwithstanding any other provision of this Agreement to the contrary, whenever the Trustee is to make a distribution or to commence a series of payments on or as of an Anniversary Date, the distribut-ion or series of payments may be made or begun on such date or as soon thereafter as is practicable,-but in no event later than 180 days after the Anniversary Date. Except, however, a distribution as the result of Normal, Early or Late Retirement shall be made within sixty (60) days following the close of the Plan Year during ~ which such event occurred. 5.10 MINIMUM BENEFITS PAYABLE. Notwithstanding the pro- visions of Sections 5.1(b), 5.3 and S.4 of this Article the benefits payable to a Participant or a Beneficiary pursuant to such Sections, shall not be less than a Participant's Present Value of Accrued Benefit as of the date of distribution. 6 L 5.11 EFFECT OF SOCIAL SECURITY ACT. Benefits being paid 5 to a Participant or Beneficiary under the terms of this Agree- ~ went may not be decreased by reason of any post-separation Social Security Benefit increases or by the increase of the Social -21- 230 079 ao~x315 Pa~E1419