Article IV, Section 4 see Amendment IV
Section 4. Optional Forms of Benefit.
- A Participant in lieu of his normal, late or early retirement
benefit, whichever is applicable, and including his screen credit benefit
where applicable, shall be entitled to select one of the following optional
forms of benefit:
- A benefit payable for the Participant’s life, provided
that a minimum of sixty (60) monthly payments will be paid to the Participant
or his Beneficiary.
- A benefit payable for the Participant’s life, provided
that a minimum of 120 monthly payments will be paid to the Participant
or his Beneficiary. This optional form of benefit shall provide a reduced
monthly benefit payable to the Participant and the Beneficiary. The amount
of the reduced benefit shall be determined by multiplying the monthly
retirement benefit otherwise payable by the appropriate percentage for
the Participant’s age at retirement in accordance with the following table.
|
Age of Participant at Retirement
|
Percentage
|
|
55
|
98.0%
|
|
56
|
97.8
|
|
57
|
97.6
|
|
58
|
97.3
|
|
59
|
97.0
|
|
60
|
96.7
|
|
61
|
96.3
|
|
62
|
95.9
|
|
63
|
95.4
|
|
64
|
94.8
|
|
65
|
94.2
|
|
66
|
93.6
|
|
67
|
92.9
|
|
68
|
92.1
|
|
69
|
91.3
|
|
70
|
90.5
|
|
71
|
89.6
|
|
72
|
88.6
|
|
73
|
87.6
|
|
74
|
86.5
|
|
75
|
85.3
|
- A benefit in the form of a joint and survivor annuity
under which the benefit will be paid to the Participant and a designated
joint annuitant for the life of the survivor, the benefit to be payable
to the joint annuitant after the death of the Participant to be in an
amount which may be 50%, 66-2/3% or 100% of the benefit paid during the
Participant’s lifetime; provided that if the Beneficiary is not the Participant’s
spouse, an election of one of these options will not be valid if it violates
Section 401(a)(9) of the Code and the regulations thereunder, which are
hereby incorporated by reference. This option is canceled in the event
that the Participant’s designated joint annuitant dies prior to the Participant’s
retirement. Article V, Section 5 describes what happens if the Participant
dies after electing this option but prior to retirement.
This optional form of benefit shall provide a reduced monthly benefit
payable to the Participant, determined by multiplying the monthly retirement
benefit otherwise payable by the appropriate percentage as follows:
- 50% joint and survivor annuity. 90.0% minus .4%
for each year the joint annuitant is younger than the Participant
or plus .4% for each year the joint annuitant is older than that Participant,
with a maximum of 100.0%.
- 66-2/3% joint and survivor annuity. 87.0% minus .5%
for each year the joint annuitant is younger than the Participant
or plus .5% for each year the joint annuitant is older than the Participant,
with a maximum of 100.0%.
- 100% joint and survivor annuity. 81.0% minus .7%
for each year the joint annuitant is younger than the Participant
or plus .7% for each year the joint annuitant is older than the Participant,
with a maximum of 100.0%.
- With respect to Participants who retire on an Early
Retirement Date, a benefit in the form of a Social Security adjustment
benefit under which the monthly payments from this Plan prior to the
expected commencement date of the Participant’s Social Security benefit
(at age 62 or 65) will as nearly as possible equal the total of (1)
the monthly Early Retirement Benefit that would be paid if the life
annuity (with a 60 month minimum) were elected, and (2) the Participant’s
Social Security benefit after the expected commencement date of the
Participant’s Social Security benefit. The amount of monthly benefit
payable from this Plan beginning at the expected commencement date of
the Participant’s Social Security benefit is set forth in (C) below.
- The amount of the monthly benefit payable from this
Plan under this optional form of benefit prior to the expected commencement
date of the Participant’s Social Security Benefit is determined as follows:
- Multiply the estimated Social Security benefit
payable to the Participant at the expected commencement date of
his Social Security benefit by the factor for the Participant’s
age on his retirement date in accordance with the following table.
|
Age of Participant
On Effective Date
|
Factor
|
|
Social Security
Payable at 62
|
Social Security
Payable at 65
|
|
55
|
.5071
|
.3670
|
|
56
|
.5558
|
.4022
|
|
57
|
.6101
|
.4414
|
|
58
|
.6708
|
.4853
|
|
59
|
.7390
|
.5346
|
|
60
|
.8156
|
.5900
|
|
61
|
.9021
|
.6525
|
|
62
|
-
|
.7232
|
|
63
|
-
|
.8035
|
|
64
|
-
|
.8951
|
The factor in the above table shall be replaced by the corresponding
factor based on the interest and mortality assumptions specified
in Article IV, Section 11(c), if the latter factor produces a greater
benefit.
Months as well as years of attained age shall be taken into account,
and the factor for each month in excess of an attained age shall
be interpolated from the table.
- Add the product determined in (i) above to the
monthly benefit otherwise payable from the Plan if the life annuity
(with a 60 month minimum) were elected.
- The amount of monthly benefit payable from this Plan
beginning at the expected commencement date of the Participant’s Social
Security benefit is determined by subtracting the estimated Social Security
benefit from the increased benefit determined in (B)(ii) above. If the
amount calculated in this subsection (C) is less than zero, this option
is not available.
A benefit in the form of a joint and survivor annuity
with a pop-up option under which the benefit will be paid to the Participant
and a designated joint annuitant for the life of the survivor, the benefit
to be payable to the joint annuitant after the death of the Participant
to be in an amount which may be 50%, 66-2/3% or 100% of the benefit paid
during the Participant’s lifetime. However, if the joint annuitant predeceases
the Participant, then, commencing on the first day of the month following
the month in which such death occurs, the monthly amount payable to the
Participant shall be increased so as to equal the monthly pension which
would have been payable had the Participant elected the normal form of
benefit specified in Article IV, Section 1(b) at the time the Participant
retired. Such increased monthly amount shall be payable for the lifetime
of the Participant, and shall cease upon the Participant’s death.
If the Beneficiary is not the Participant’s spouse, an election of one
of these options will not be valid if it violates Section 401(a)(9) of
the Code and the regulations thereunder, which are hereby incorporated
by reference. This option is canceled in the event that the Participant’s
designated joint annuitant dies prior to the Participant’s retirement.
This optional form of benefit shall provide a reduced monthly benefit
payable to the Participant, determined by multiplying the monthly retirement
benefit otherwise payable by the appropriate percentage as follows:
- 50% joint and survivor annuity with pop-up.
89.0% minus .4% for each year the joint annuitant is younger than the
Participant or plus .4% for each year the joint annuitant is older than
the Participant, with a maximum of 100.0%.
- 66-2/3% joint and survivor annuity with pop-up.
86.0% minus .5% for each year the joint annuitant is younger than the
Participant or plus .5% for each year the joint annuitant is older than
the Participant, with a maximum of 100.0%.
- 100% joint and survivor annuity with pop-up.
79.5% minus .7% for each year the joint annuitant is younger than the
Participant or plus .7% for each year the joint annuitant is older than
the Participant, with a maximum of 100.0%.
- An election under paragraph (2) or (3) of subsection (a)
above shall not be operative if the resulting monthly pension to a Participant
or his joint annuitant would be less than $10.00 per month.
- A Participant may reject the normal form of payment described
in Sections 1, 2, 3 and 9 of this Article (or revoke a previous rejection)
and elect an optional form of payment, in writing on a form or forms prescribed
by the Directors. Any such rejection or revocation must be made during the
90-day period ending on the Annuity Starting Date and is irrevocable on
the Annuity Starting Date. Any such election must fulfill such other requirements
as may be established by the Directors.
- The Plan shall provide each Participant with a written,
nontechnical explanation of the automatic form of payment, the circumstances
under which it will be provided, the availability and the relative financial
effect of choosing a payment option, the Participant’s right to make the
election described herein, the right of the Participant’s spouse to waive
the Joint and 50% Survivor Annuity and consent to its rejection, and the
right to make, and the effect of a revocation of any election. Such explanation
will be provided not less than 30 days nor more than 90 days before the
Annuity Starting Date.
- Any written election, rejection or revocation (including
any change of a previous choice) made under Article IV, shall not take effect
unless (A) the spouse of the Participant at the Annuity Starting Date consents
in writing to such election, (B) such election designates a Beneficiary
(or a form of benefits) which may not be changed without the consent of
the spouse (or the consent of such spouse expressly permits designations
by the Participant without any requirement of further consent by the eligible
spouse), and (C) the spouse’s consent acknowledges the effect of such election
and is witnessed by a plan representative or a notary public. Notwithstanding
the preceding sentence, no spousal consent shall be required if it is established
to the satisfaction of the Directors that spousal consent may not be obtained
because there is no spouse, because the spouse cannot be located, or because
of such other circumstances as the Internal Revenue Service may by regulations
prescribe.
- Notwithstanding any other provision of this Plan to the contrary,
no “prohibited payment” shall be made during any period in which the Plan
has a “liquidity shortfall,” as defined in Section 302(e)(5) of ERISA. For
this purpose, a “prohibited payment” means (i) any lump sum or other payment
in excess of the monthly amount paid as a single life annuity (plus social
security supplements described in Section 204(b)(1)(G) of ERISA) to a Participant
or Beneficiary whose Annuity Starting Date occurs during the period the Plan
has a liquidity shortfall, (ii) any payment for the purchase of an irrevocable
commitment from an insurer to pay benefits, and (iii) any other payments specified
by the Secretary of the Treasury.
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