Article IV, Section 19 see Amendment II
Section 19. Direct Rollovers.
- This Section 19 applies to distributions made on or after
January 1, 1993. Notwithstanding any provision of the Plan to the contrary
that would otherwise limit a Distributee’s election under this Section 19,
a Distributee may elect, at the time and in the manner prescribed by the Plan
administrator, to have any portion of an Eligible Rollover Distribution paid
directly to an Eligible Retirement Plan specified by the Distributee in a
Direct Rollover.
- Definitions.
- For purposes of this Section 19, an “Eligible Rollover
Distribution” is any distribution of all or any portion of the balance
to the credit of the Distributee, except that an Eligible Rollover Distribution
does not include: (i) any distribution that is one of a series of substantially
equal periodic payments (not less frequently than annually) made for the
life (or life expectancy) of the Distributee or the joint lives (or joint
life expectancies) of the Distributee and the Distributee’s designated
Beneficiary, or for a specified period of ten years or more; (ii) any
distribution to the extent such distribution is required under Section
401(a)(9) of the Code; (iii) the portion of any distribution that is not
includable in gross income (determined without regard to the exclusion
for net unrealized appreciation with respect to employer securities);
or (iv) any other type of distribution which the Internal Revenue Service
announces (pursuant to regulation, notice or otherwise) is not an “eligible
rollover distribution” under Section 402(c) of the Code.
- For purposes of this Section 19, an “Eligible Retirement
Plan” is an individual retirement account described in Section 408(a)
of the Code, an individual retirement annuity described in Section 408(b)
of the Code, an annuity plan described in Section 403(a) of the Code,
or a qualified trust described in Section 401(a) of the Code, that accepts
the Distributee’s Eligible Rollover Distribution. However, in the case
of an Eligible Rollover Distribution to the surviving spouse, an Eligible
Retirement Plan is an individual retirement account or individual retirement
annuity.
- For purposes of this Section 19, a “Distributee” includes
an Employee or former Employee. In addition, the Employee’s or former
Employee’s surviving spouse and the Employee’s or former Employee’s spouse
or former spouse who is the alternate payee under a qualified domestic
relations order, as defined in Section 414(p) of the Code, are Distributees
with regard to the interest of the spouse or former spouse.
- For purposes of this Section 19, a “Direct Rollover”
is a payment by the Plan to the Eligible Retirement Plan specified by
the Distributee.
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