Common use of Distribution Beginning After Death Clause in Contracts

Distribution Beginning After Death. If the Participant dies before distribution of his or her interest begins, distribution of the Participant's entire interest shall be completed by December 31 of the calendar year containing the fifth anniversary of the Participant's death except to the extent that an election is made to receive distributions in accordance with (a) or (b) below: (a) If any portion of the Participant's interest is payable to a Designated Beneficiary, distributions may be made over the life or over a period certain not greater than the life expectancy of the Designated Beneficiary commencing on or before December 31 of the calendar year immediately following the calendar year in which the Participant died; (b) If the Designated Beneficiary is the Participant's surviving Spouse, the date distributions are required to begin in accordance with (a) above shall not be earlier than the later of (1) December 31 of the calendar year immediately following the calendar year in which the participant died or (2) December 31 of the calendar year in which the Participant would have attained age 701/2. If the Participant has not made an election pursuant to this paragraph 7.10 by the time of his or her death, the Participant's Designated Beneficiary must elect the method of distribution no later than the earlier of (1) December 31 of the calendar year in which distributions would be required to begin under this section, or (2) December 31 of the calendar year which contains the fifth anniversary of the date of death of the participant. If the Participant has no Designated Beneficiary, or if the Designated Beneficiary does not elect a method of distribution, then distribution of the Participant's entire interest must be completed by December 31 of the calendar year containing the fifth anniversary of the Participant's death. For purposes of this paragraph if the Surviving Spouse dies after the Participant, but before payments to such Spouse begin, the provisions of this paragraph with the exception of paragraph (b) therein, shall be applied as if the Surviving Spouse were the Participant. For the purposes of this paragraph and paragraph 7.9, distribution of a Participant's interest is considered to begin on the Participant's Required Beginning Date (or, if the preceding sentence is applicable, the date distribution is required to begin to the Surviving Spouse). If distribution in the form of an annuity described in paragraph 7.4(e) irrevocably commences to the Participant before the Required Beginning Date, the date distribution is considered to begin is the date distribution actually commences. For purposes of paragraph 7.9 and this paragraph, if an amount is payable to either a minor or an individual who has been declared incompetent, the benefits shall be paid to the legally appointed guardian for the benefit of said minor or incompetent individual, unless the court which appointed the guardian has ordered otherwise.

Appears in 1 contract

Sources: 401(k) Plan Document (East West Bancorp Inc)

Distribution Beginning After Death. If the Participant dies before distribution of his or her interest begins, distribution of the Participant's entire interest shall be completed by December 31 of the calendar year containing the fifth anniversary of the Participant's death except to the extent that an election is made to receive distributions in accordance with (ai) or (bii) below: (ai) If any portion of the Participant's interest is payable to a "Designated Beneficiary", distributions may be made over the life or over a period certain not greater than the life expectancy "Life Expectancy" of the "Designated Beneficiary Beneficiary" commencing on or before December 31 of the calendar year immediately following the calendar year in which the Participant died; (bii) If the "Designated Beneficiary Beneficiary" is the Participant's surviving Surviving Spouse, the date distributions are required to begin in accordance with (ai) above shall not be earlier than the later of (1AA) December 31 of the calendar year immediately following the calendar year in which the participant Participant died or and (2BB) December 31 of the calendar year in which the Participant would have attained age 701/270 1/2. If the Participant has not made an election pursuant to this paragraph 7.10 Section 7.9(C)(5)(b) by the time of his or her death, the Participant's "Designated Beneficiary Beneficiary" must elect the method of distribution no later than the earlier of (1AA) December 31 of the calendar year in which distributions would be required to begin under this sectionSection, or (2BB) December 31 of the calendar year which contains the fifth anniversary of the date of death of the participantParticipant. If the Participant has no "Designated Beneficiary", or if the "Designated Beneficiary Beneficiary" does not elect a method of distribution, then distribution of the Participant's entire interest must be completed by December 31 of the calendar year containing the fifth anniversary of the Participant's death. For purposes of this paragraph if the Surviving Spouse dies after the Participant, but before payments to such Spouse begin, the provisions of this paragraph with the exception of paragraph (b) therein, shall be applied as if the Surviving Spouse were the Participant. For the purposes of this paragraph and paragraph 7.9, distribution of a Participant's interest is considered to begin on the Participant's Required Beginning Date (or, if the preceding sentence is applicable, the date distribution is required to begin to the Surviving Spouse). If distribution in the form of an annuity described in paragraph 7.4(e) irrevocably commences to the Participant before the Required Beginning Date, the date distribution is considered to begin is the date distribution actually commences. For purposes of paragraph 7.9 and this paragraph, if an amount is payable to either a minor or an individual who has been declared incompetent, the benefits shall be paid to the legally appointed guardian for the benefit of said minor or incompetent individual, unless the court which appointed the guardian has ordered otherwise.

Appears in 1 contract

Sources: Defined Contribution Plan and Trust Agreement (Trust for Federal Securities)

Distribution Beginning After Death. If the Participant dies before distribution of his or her interest begins, distribution of the Participant's entire interest shall be completed by December 31 of the calendar year containing the fifth anniversary of the Participant's death death, except to the extent that an n election is made to receive distributions in accordance with (a) or (b) below: (aA) If any portion of the Participant's interest is payable to a Designated Beneficiary, distributions may be made over the life or over a certain period certain not greater than the life expectancy of the Designated Beneficiary commencing on or before December 31 of the calendar year immediately following the calendar year in which the Participant died;; 84 (bB) If the Designated Beneficiary is the Participant's surviving Surviving Spouse, the date distributions are required to begin in accordance with (a) above shall not be earlier than the later of (1) December 31 of the calendar year immediately following the calendar year in which the participant died or (2) December 31 of the calendar year in which the Participant would have attained age 701/270 1/2. If the Participant has not made an election pursuant to this paragraph 7.10 by the time of his or her death, the Participant's Designated Beneficiary must elect the method of distribution no later than the earlier of (1) December 31 of the calendar year in which distributions would be required to begin under this section, or (2) December 31 of the calendar year which contains the fifth anniversary of the date of death of the participant. If the Participant has no Designated Beneficiary, or if the Designated Beneficiary does not elect a method of distribution, then distribution of the Participant's entire interest must be completed by December 31 of the calendar year containing the fifth anniversary of the Participant's death. For purposes of this paragraph paragraph, if the Surviving Spouse dies after the Participant, but before payments to such Spouse begin, the provisions of this paragraph paragraph, with the exception of paragraph (b) therein, shall be applied as if the Surviving Spouse were the Participant. For the purposes of this paragraph and paragraph 7.9, distribution of a Participant's interest is considered to begin on the Participant's Required Beginning Date (or, if the preceding sentence is applicable, the date distribution is required to begin to the Surviving Spouse). If distribution in the form of an annuity described in paragraph 7.4(e) irrevocably commences to the Participant before the Required Beginning Date, the date distribution is considered to begin is the date distribution actually commences. For purposes of paragraph 7.9 and this paragraph, if an amount is payable to either a minor or an individual who has been declared incompetent, the benefits shall be paid to the legally appointed guardian for the benefit of said minor or incompetent individual, unless the court which appointed the guardian has ordered otherwise.

Appears in 1 contract

Sources: Adoption Agreement (Oregon Trail Financial Corp)

Distribution Beginning After Death. This paragraph is applicable before the Participant's Required Beginning Date as elected by the Employer in the Adoption Agreement, even if distributions have commenced from the Plan. If the Participant dies before distribution of his or her interest begins, distribution of the Participant's entire interest shall be completed by December 31 of the calendar year containing the fifth anniversary of the Participant's death death, except to the extent that an election is made to receive distributions in accordance with (a) or (b) below: (a) If : if any portion of the Participant's interest is payable to a Designated Beneficiary, distributions may be made over the life or over a period certain not greater than the life expectancy of the Designated Beneficiary commencing on or before December 31 of the calendar year immediately following the calendar year in which the Participant died; (b) If ; if the Designated Beneficiary is the Participant's surviving Spouse, the date distributions are required to begin in accordance with (a) above shall not be earlier than the later of (1i) December 31 of the calendar year immediately following the calendar year in which the participant Participant died or (2ii) December 31 of the calendar year in which the Participant would have attained age 701/270 1/2. If the Participant has not made an election pursuant to this paragraph 7.10 by the time of his or her death, the Participant's Designated Beneficiary must elect the method of distribution no later than the earlier of (1i) December 31 of the calendar year in which distributions would be required to begin under this section, or (2ii) December 31 of the calendar year which contains the fifth anniversary of the date of death of the participantParticipant. If the Participant has no Designated Beneficiary, or if the Designated Beneficiary does not elect a method of distribution, then distribution of the Participant's entire interest must be completed by December 31 of the calendar year containing the fifth anniversary of the Participant's death. For purposes of this paragraph if If the Surviving surviving Spouse dies after the Participant, Participant but before payments to such Spouse begin, the provisions of this paragraph with the exception of paragraph subparagraph (b) thereinherein, shall be applied as if the Surviving surviving Spouse were the Participant. For the purposes of this paragraph and paragraph 7.9, distribution of a Participant's interest is considered to begin on the Participant's Required Beginning Date (or, if the preceding sentence is applicable, the date distribution is required to begin to the Surviving Spouse). If distribution in the form of an annuity described in paragraph 7.4(e7.4(d) irrevocably commences to the Participant before the Required Beginning Date, the date distribution is considered to begin is the date distribution actually commences. For purposes of paragraph 7.9 and this paragraph, if an amount is payable to either a minor or an individual who has been declared incompetent, the benefits shall be paid to the legally appointed guardian for the benefit of said minor or incompetent individual, unless the court which appointed the guardian has ordered otherwise.

Appears in 1 contract

Sources: Nonstandardized Adoption Agreement (Banctrust Financial Group Inc)

Distribution Beginning After Death. This paragraph is applicable before the Participant’s Required Beginning Date as elected by the Employer in the Adoption Agreement, even if distributions have commenced from the Plan. If the Participant dies before distribution of his or her interest begins, distribution of the Participant's ’s entire interest shall be completed by December 31 of the calendar year containing the fifth anniversary of the Participant's death ’s death, except to the extent that an election is made to receive distributions in accordance with (a) or (b) below: (a) If if any portion of the Participant's ’s interest is payable to a Designated Beneficiary, distributions may be made over the life or over a period certain not greater than the life expectancy of the Designated Beneficiary commencing on or before December 31 of the calendar year immediately following the calendar year in which the Participant died;; . (b) If if the Designated Beneficiary is the Participant's ’s surviving Spouse, the date distributions are required to begin in accordance with (a) above shall not be earlier than the later of (1i) December 31 of the calendar year immediately following the calendar year in which the participant Participant died or (2ii) December 31 of the calendar year in which the Participant would have attained age 701/2. 70½. If the Participant has not made an election pursuant to this paragraph 7.10 by the time of his or her death, the Participant's Designated ’s Beneficiary must elect the method of distribution no later than the earlier of (1i) December 31 of the calendar year in which distributions would be required to begin under this section, or (2ii) December 31 of the calendar year which contains the fifth anniversary of the date of death of the participantParticipant. If the Participant has no Designated Beneficiary, or if the Designated Beneficiary does not elect a method of distribution, then distribution of the Participant's ’s entire interest must be completed by December 31 of the calendar year containing the fifth anniversary of the Participant's ’s death. For purposes of this paragraph if If the Surviving surviving Spouse dies after the Participant, Participant but before payments to such Spouse begin, the provisions of this paragraph with the exception of paragraph subparagraph (b) thereinherein, shall be applied as if the Surviving surviving Spouse were the Participant. For the purposes of this paragraph and paragraph 7.9, distribution of a Participant's ’s interest is considered to begin on the Participant's ’s Required Beginning Date (or, if the preceding sentence is applicable, the date distribution is required to begin to the Surviving Spouse). If distribution in the form of an annuity described in paragraph 7.4(e7.4(d) irrevocably commences to the Participant before the Required Beginning Date, the date distribution is considered to begin is the date distribution actually commences. For purposes of paragraph 7.9 and this paragraph, if an amount is payable to either a minor or an individual who has been declared incompetent, the benefits shall be paid to the legally appointed guardian for the benefit of said minor or incompetent individual, unless the court which appointed the guardian has ordered otherwise.

Appears in 1 contract

Sources: 401(k) Defined Contribution Plan (Measurement Specialties Inc)

Distribution Beginning After Death. If the Participant dies before distribution of his or her interest begins, distribution of the Participant's entire interest shall be completed by December 31 of the calendar year containing the fifth anniversary of the Participant's death except to the extent that an election is made to receive distributions in accordance with (a) or (b) below: (a) If any portion of the Participant's interest is payable to a Designated Beneficiary, distributions may be made over the life or over a period certain not greater than the life expectancy of the Designated Beneficiary commencing on or before December 31 of the calendar year immediately following the calendar year in which the Participant died; (b) If the Designated Beneficiary is the Participant's surviving Spouse, the date distributions are required to begin in accordance with (a) above shall not be earlier than the later of (1) December 31 of the calendar year immediately following the calendar year in which the participant died or (2) December 31 of the calendar year in which the Participant would have attained age 701/270-1/2. If the Participant has not made an election pursuant to this paragraph 7.10 by the time of his or her death, the Participant's Designated Beneficiary must elect the method of distribution no later than the earlier of (1) December 31 of the calendar year in which distributions would be required to begin under this section, or (2) December 31 of the calendar year which contains the fifth anniversary of the date of death of the participant. If the Participant has no Designated Beneficiary, or if the Designated Beneficiary does not elect a method of distribution, then distribution of the Participant's entire interest must be completed by December 31 of the calendar year containing the fifth anniversary of the Participant's death. For purposes of this paragraph if the Surviving Spouse dies after the Participant, but before payments to such Spouse begin, the provisions of this paragraph with the exception of paragraph (b) therein, shall be applied as if the Surviving Spouse were the Participant. For the purposes of this paragraph and paragraph 7.9, distribution of a Participant's interest is considered to begin on the Participant's Required Beginning Date (or, if the preceding sentence is applicable, the date distribution is required to begin to the Surviving Spouse). If distribution in the form of an annuity described in paragraph 7.4(e) irrevocably commences to the Participant before the Required Beginning Date, the date distribution is considered to begin is the date distribution actually commences. For purposes of paragraph 7.9 and this paragraph, any amount paid to a child of the Participant will be treated as if an amount is payable to either a minor or an individual who has it had been declared incompetent, the benefits shall be paid to the legally appointed guardian for Surviving Spouse if the benefit amount becomes payable to the Surviving Spouse when the child attains the age of said minor or incompetent individual, unless the court which appointed the guardian has ordered otherwisemajority.

Appears in 1 contract

Sources: Adoption Agreement (Professionals Insurance Co Management Group)

Distribution Beginning After Death. This paragraph is applicable before the Participant’s Required Beginning Date as elected by the Employer in the Adoption Agreement, even if distributions have commenced from the Plan. If the Participant dies before distribution of his or her interest begins, distribution of the Participant's ’s entire interest shall be completed by December 31 of the calendar year containing the fifth anniversary of the Participant's death ’s death, except to the extent that an election is made to receive distributions in accordance with (a) or (b) below: (a) If if any portion of the Participant's ’s interest is payable to a Designated Beneficiary, distributions may be made over the life or over a period certain not greater than the life expectancy of the Designated Beneficiary commencing on or before December 31 of the calendar year immediately following the calendar year in which the Participant died; (b) If if the Designated Beneficiary is the Participant's ’s surviving Spouse, the date distributions are required to begin in accordance with (a) above shall not be earlier than the later of (1i) December 31 of the calendar year immediately following the calendar year in which the participant Participant died or (2ii) December 31 of the calendar year in which the Participant would have attained age 701/270 1/2. If the Participant has not made an election pursuant to this paragraph 7.10 by the time of his or her death, the Participant's Designated ’s Beneficiary must elect the method of distribution no later than the earlier of (1i) December 31 of the calendar year in which distributions would be required to begin under this section, or (2ii) December 31 of the calendar year which contains the fifth anniversary of the date of death of the participantParticipant. If the Participant has no Designated Beneficiary, or if the Designated Beneficiary does not elect a method of distribution, then distribution of the Participant's ’s entire interest must be completed by December 31 of the calendar year containing the fifth anniversary of the Participant's ’s death. For purposes of this paragraph if If the Surviving surviving Spouse dies after the Participant, Participant but before payments to such Spouse begin, the provisions of this paragraph with the exception of paragraph subparagraph (b) thereinherein, shall be applied as if the Surviving surviving Spouse were the Participant. For the purposes of this paragraph and paragraph 7.9, distribution of a Participant's ’s interest is considered to begin on the Participant's ’s Required Beginning Date (or, if the preceding sentence is applicable, the date distribution is required to begin to the Surviving Spouse). If distribution in the form of an annuity described in paragraph 7.4(e7.4(d) irrevocably commences to the Participant before the Required Beginning Date, the date distribution is considered to begin is the date distribution actually commences. For purposes of paragraph 7.9 and this paragraph, if an amount is payable to either a minor or an individual who has been declared incompetent, the benefits shall be paid to the legally appointed guardian for the benefit of said minor or incompetent individual, unless the court which appointed the guardian has ordered otherwise.

Appears in 1 contract

Sources: Defined Contribution Plan (United Community Bancorp)

Distribution Beginning After Death. If the Participant dies before distribution of his or her interest begins, distribution of the Participant's entire interest shall be completed by December 31 of the calendar year containing the fifth anniversary of the Participant's death except to the extent that an election is made to receive distributions in accordance with (a) or (b) below: (a) If if any portion of the Participant's interest is payable to a Designated Beneficiary, distributions may be made over the life or over a period certain not greater than the life expectancy of the Designated Beneficiary commencing on or before December 31 of the calendar year immediately following the calendar year in which the Participant died; (b) If if the Designated Beneficiary is the Participant's surviving Spouse, the date distributions are required to begin in accordance with (a) above shall not be earlier than the later of (1) December 31 of the calendar year immediately following the calendar year in which the participant died or (2) December 31 of the calendar year in which the Participant would have attained age 701/270-1/2. If the Participant has not made an election pursuant to this paragraph 7.10 by the time of his or her death, the Participant's Designated Beneficiary must elect the method of distribution no later than the earlier of (1) December 31 of the calendar year in which distributions would be required to begin under this section, or (2) December 31 of the calendar year which contains the fifth anniversary of the date of death of the participant. If the Participant has no Designated Beneficiary, or if the Designated Beneficiary does not elect a method of distribution, then distribution of the Participant's entire interest must be completed by December 31 of the calendar year containing the fifth anniversary of the Participant's death. For purposes of this paragraph paragraph, if the Surviving Spouse dies after the Participant, but before payments to such Spouse begin, the provisions of this paragraph with the exception of paragraph (b) thereinherein, shall be applied as if the Surviving Spouse were the Participant. For the purposes of this paragraph and paragraph 7.9, 7.9 distribution of a Participant's interest is considered to begin on the Participant's Required Beginning Date (or, if the preceding sentence is applicable, the date distribution is required to begin to the Surviving Spouse). If distribution in the form of an annuity described in paragraph 7.4(e) irrevocably commences to the Participant before the Required Beginning Date, the date distribution is considered to begin is the date distribution actually commences. For purposes of paragraph 7.9 and this paragraph, any amount paid to a child of the Participant will be treated as if an amount is payable to either a minor or an individual who has it had been declared incompetent, the benefits shall be paid to the legally appointed guardian for Surviving Spouse if the benefit amount becomes payable to the Surviving Spouse when the child reaches the age of said minor or incompetent individual, unless the court which appointed the guardian has ordered otherwisemajority.

Appears in 1 contract

Sources: Adoption Agreement (Professionals Insurance Co Management Group)

Distribution Beginning After Death. This paragraph is applicable before the Participant’s Required Beginning Date as elected by the Employer in the Adoption Agreement, even if distributions have commenced from the Plan. If the Participant dies before distribution of his or her interest begins, distribution of the Participant's ’s entire interest shall be completed by December 31 of the calendar year containing the fifth anniversary of the Participant's death ’s death, except to the extent that an election is made to receive distributions in accordance with (a) or (b) below: (a) If : if any portion of the Participant's ’s interest is payable to a Designated Beneficiary, distributions may be made over the life or over a period certain not greater than the life expectancy of the Designated Beneficiary commencing on or before December 31 of the calendar year immediately following the calendar year in which the Participant died; (b) If ; if the Designated Beneficiary is the Participant's ’s surviving Spouse, the date distributions are required to begin in accordance with (a) above shall not be earlier than the later of (1i) December 31 of the calendar year immediately following the calendar year in which the participant Participant died or (2ii) December 31 of the calendar year in which the Participant would have attained age 701/2. If the Participant has not made an election pursuant to this paragraph 7.10 by the time of his or her death, the Participant's Designated ’s Beneficiary must elect the method of distribution no later than the earlier of (1i) December 31 of the calendar year in which distributions would be required to begin under this section, or (2ii) December 31 of the calendar year which contains the fifth anniversary of the date of death of the participantParticipant. If the Participant has no Designated Beneficiary, or if the Designated Beneficiary does not elect a method of distribution, then distribution of the Participant's ’s entire interest must be completed by December 31 of the calendar year containing the fifth anniversary of the Participant's ’s death. For purposes of this paragraph if If the Surviving surviving Spouse dies after the Participant, Participant but before payments to such Spouse begin, the provisions of this paragraph with the exception of paragraph subparagraph (b) thereinherein, shall be applied as if the Surviving surviving Spouse were the Participant. For the purposes of this paragraph and paragraph 7.9, distribution of a Participant's ’s interest is considered to begin on the Participant's ’s Required Beginning Date (or, if the preceding sentence is applicable, the date distribution is required to begin to the Surviving Spouse). If distribution in the form of an annuity described in paragraph 7.4(e7.4(d) irrevocably commences to the Participant before the Required Beginning Date, the date distribution is considered to begin is the date distribution actually commences. For purposes of paragraph 7.9 and this paragraph, if an amount is payable to either a minor or an individual who has been declared incompetent, the benefits shall be paid to the legally appointed guardian for the benefit of said minor or incompetent individual, unless the court which appointed the guardian has ordered otherwise.

Appears in 1 contract

Sources: Defined Contribution Plan (Century Bancorp Inc)