Article 9 – Inalienability
No
Participant or other person having or claiming to have any interest of any kind
or character in or under this Plan or in any payment therefrom will have any
right to sell, assign, transfer, convey, hypothecate, anticipate, or otherwise
dispose of such interest, and such interest will not be subject to any
liabilities or obligations of or any bankruptcy proceedings, claims of
creditors, attachment, garnishment, execution, levy, or other legal process
against such person or his property.
Notwithstanding
the foregoing, the Plan will pay benefits in accordance with the applicable
requirements of any Qualified Domestic Relations Order (QDRO), which term, for
the purposes of this Plan, means a state court order satisfying the following
requirements:
- Such
order must relate to the provision of child support, alimony payments or marital
property rights of a spouse, former spouse, child or other dependent which
recognizes the existence of such an alternate payee’s right to, or assigns
to such an alternate payee the right to, receive all or a portion of a
Participant’s benefits.
- Such
order must
specify:
- The
name and last known mailing address of the Participant and each alternate payee
covered by the order;
- The
amount or percentage of benefits to be paid to each alternate payee, or the
manner in which such amount or percentage is to be determined;
- The
number of payments or period to which such order applies; and
- Each
plan to which such order applies.
- Such
order must
not:
- Require
the Plan to provide any type or form of benefits, or any option, not otherwise
provided under the Plan, except as provided in (d) below;
- Require
the Plan to provide increased benefits determined on the basis of actuarial
value; or
- Require
the payment of benefits to an alternate payee which are required to be paid to
another alternate payee under another order previously determined to be a
QDRO.
- Such
order
may:
- Provide
that the former spouse shall be treated as a surviving spouse of the Participant
as to accrued benefits earned during the marriage to the former spouse;
or
- Require
that payments be made to an alternate payee on or after the date the Participant
is eligible for an Early Retirement Pension in any form other than a joint and
survivor annuity, even though the Participant has not ceased Covered
Service.
- If
an alternate payee to whom benefits would have been payable under a QDRO dies
before any such benefits are payable, then unless the QDRO provides for the
payments to be made to another alternate payee or to a beneficiary of the
alternate payee, any interest of the alternate payee in the benefits shall
terminate and revert to the Participant.
- No
domestic relations order shall be considered a QDRO until it has been approved
as such, in writing, by the Plan.
- During
any period in which the Plan has received a proposed QDRO and the issue of
whether the order is a QDRO is being determined, the Plan shall separately
account for amounts which would have been payable to the alternate payee during
such period if the order had been determined to be a QDRO (referred to as
segregated amounts). If, within the 18-month period beginning with the date the
first payment would be required under the order, it is determined that the order
is a QDRO, the segregated amounts shall be payable to the person or persons
entitled thereto under the QDRO. If within the 18-month period it is determined
that the order is not a QDRO, or the issue of whether the order is a QDRO is not
resolved, the Plan shall pay the segregated amounts to the person or persons who
would have been entitled to such amounts if there had been no order. Any
determination that an order is a QDRO made after the 18-month period shall apply
prospectively only.
- The
Plan shall not make a determination that an order is a QDRO if the order
requires payment of benefits which were paid prior to the Plan’s receipt
of the QDRO.
- The
alternate payee shall notify the Trustees in writing of the intent to commence
benefits. The Plan may require the alternate payee to submit documentation in
support of the application to commence benefits.
- The
Trustees of the Plan will establish reasonable written procedures to determine
the qualified status of domestic relations orders and to administer
distributions under qualified orders.
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