Common use of Incapacity Clause in Contracts

Incapacity. If the Administrator shall receive evidence satisfactory to it that a Participant or any Beneficiary entitled to receive any benefit under the Plan is, at the time when such benefit becomes payable, a minor, or is physically or mentally incompetent to receive such benefit and to give a valid release therefor, and that another person or an institution is then maintaining or has custody of the Participant or Beneficiary and that no guardian, committee or other representative of the estate of the Participant or Beneficiary shall have been duly appointed, a Participating Fund may make payment of such benefit otherwise payable to the Participant or Beneficiary to such other person or institution, including a custodian under a Uniform Transfers to Minors Act or corresponding legislation (who shall be an adult, a guardian of the minor or a trust company), and the release of such other person or institution shall be a valid and complete discharge for the payment of such benefit.

Appears in 78 contracts

Sources: Deferred Compensation Plan (Nuveen Multi-Asset Income Fund), Deferred Compensation Plan (Nuveen Core Plus Impact Fund), Deferred Compensation Plan (Nuveen Municipal Credit Opportunities Fund)

Incapacity. If the Administrator Funds shall receive evidence satisfactory to it them that a Participant the Director or any Beneficiary entitled to receive any benefit under the Plan Agreement is, at the time when such benefit becomes payable, a minor, or is physically or mentally incompetent to receive such benefit and to give a valid release therefor, and that another person or an institution is then maintaining or has custody of the Participant Director or Beneficiary and that no guardian, committee or other representative of the estate of the Participant Director or Beneficiary shall have been duly appointed, a Participating Fund the Funds may make payment of such benefit otherwise payable to the Participant Director or Beneficiary to such other person or institution, including a custodian under a Uniform Transfers Gifts to Minors Act Act, or corresponding legislation (who shall be an adult, a guardian of the minor or a trust company), and the release of such other person or institution shall be a valid and complete discharge for the payment of such benefit.

Appears in 42 contracts

Sources: Deferred Compensation Agreement (Aim Special Opportunities Funds), Director Deferred Compensation Agreement (Aim Counselor Series Trust), Deferred Compensation Agreement (Tax Free Investments Co)

Incapacity. If the Administrator Fund shall receive evidence satisfactory to it that a Participant the Trustee or any Beneficiary entitled to receive any benefit under the Plan Agreement is, at the time when such benefit becomes payable, a minor, or is physically or mentally incompetent to receive such benefit and to give a valid release therefor, and that another person or an institution is then maintaining or has custody of the Participant Trustee or Beneficiary and that no guardian, committee or other representative of the estate of the Participant Trustee or Beneficiary shall have been duly appointed, a Participating the Fund may make payment of such benefit otherwise payable to the Participant Trustee or Beneficiary to such other person or institution, including a custodian under a the Uniform Transfers Gifts to Minors Act or corresponding legislation (who such custodian shall be an adult, a guardian of the minor or a trust company), and the release of such other person or institution shall be a valid and complete discharge for the payment of such benefit.

Appears in 12 contracts

Sources: Deferred Compensation Agreement (Van Kampen Municipal Opportunity High Income Fund), Deferred Compensation Agreement (Van Kampen Growth & Income Fund), Deferred Compensation Agreement (Van Kampen Trust for Investment Grade Florida Municipals)

Incapacity. If the Administrator Trust shall receive evidence satisfactory to it ---------- that a Participant the Trustee or any Beneficiary entitled to receive any benefit under the Plan Agreement is, at the time when such benefit becomes payable, a minor, or is physically or mentally incompetent to receive such benefit and to give a valid release therefor, and that another person or an institution is then maintaining or has custody of the Participant Trustee or Beneficiary and that no guardian, committee or other representative of the estate of the Participant Trustee or Beneficiary shall have been duly appointed, a Participating Fund the Trust may make payment of such benefit otherwise payable to the Participant Trustee or Beneficiary to such other person or institution, including a custodian under a Uniform Transfers Gifts to Minors Act Act, or corresponding legislation (who shall be an adult, a guardian of the minor or a trust company), and the release of such other person or institution shall be a valid and complete discharge for the payment of such benefit.

Appears in 1 contract

Sources: Deferred Compensation Agreement (Deutsche Asset Management)

Incapacity. If the Administrator Fund shall receive evidence satisfactory to it that a Participant the Trustee or any Beneficiary entitled to receive any benefit under the Plan Agreement is, at the time when such benefit becomes payable, a minor, or is physically or mentally incompetent to receive such benefit and to give a valid release therefor, and that another person or an institution is then maintaining or has custody of the Participant Trustee or Beneficiary and that no guardian, committee or other representative of the estate of the Participant Trustee or Beneficiary shall have been duly appointed, a Participating the Fund may make payment of such benefit otherwise payable to the Participant Trustee or Beneficiary to such other person or institution, including a custodian under a the Uniform Transfers Gifts to Minors Act or corresponding legislation (who such custodian shall be an adult, a guardian of the minor or a trust 7 company), and the release of such other person or institution shall be a valid and complete discharge for the payment of such benefit.

Appears in 1 contract

Sources: Deferred Compensation Agreement (Explorer Institutional Trust)