Article 5 – Preretirement Death Benefit

5.1 Normal Death Benefit

Upon the death of a vested Participant who had not retired at the time of death, the surviving spouse of the Participant shall receive the balance of the vested benefits in the Participant’s Individual Account. Payment shall be made in one lump sum if the balance in the Participant’s account is $5,000 or less. If the balance is over $5,000, and unless the surviving spouse elects otherwise pursuant to Article 5.2, payment shall be made to the Participant’s surviving spouse in the form of an annuity equal to the actuarial equivalent of the lump sum value of the vested benefits in the Participant’s Individual Account for the life of the Participant’s spouse, with payments commencing the month following the date of the application for the death benefits, but not later than 60 days after the close of the Plan Year following the Participant’s death. Any beneficiary of a Participant who dies before January 1, 1989, who was eligible for a death benefit under the Plan as it existed prior to January 1, 1989, shall be paid the amount in the Participant’s Individual Account.

5.2 Alternative Death Benefit

If the benefit is over $5,000, the vested Participant’s spouse, or any other beneficiary, may elect to receive the vested amount in the Participant’s Individual Account in any form of payment available to the Participant, except the Single Life Annuity or Qualified Joint and Survivor Annuity. The form of payment must satisfy the Minimum Distribution requirements set forth in Article 6.5.

5.3 Designation of Beneficiaries/Consent

1. A Participant may designate any person to receive his benefits under this Plan; provided, that if the Participant is married, the Participant’s spouse shall be the beneficiary of his preretirement death benefits, and the Participant may not designate a nonspouse beneficiary for such benefits or waive the Normal Death Benefit payable under Article 5.1.
   
   
2. Subject to the election and consent requirements in Article 5.3(a), a Participant may designate, in writing, on a form acceptable to the Trustees, any person to receive his benefits under this Plan. However, if a Participant designates a person who is or subsequently becomes the Participant’s spouse for the preretirement death benefits, the designation shall be automatically revoked if the marriage is subsequently dissolved or invalidated, unless the Participant redesignates the former spouse following the dissolution or invalidation of marriage, or except as otherwise provided in a Qualified Domestic Relations Order.
   
   
3. Whenever any benefits under this Article become payable, the person or persons designated to the Trustees as the beneficiaries of the Participant according to the beneficiary designation then on file with the Trustees shall be entitled to receive such benefits and to give full acquittance therefor to the Trust, and payment by the Trust of such benefits to such person or persons shall fully discharge the Trust from all claims under this Article unless, before payment is made, the Trust has received, at its administrative office, written notice by or on behalf of some other person that such other person claims to be entitled to such payment or some interest in the benefits under this Plan.
   
   
4. If a death benefit under this Article would otherwise be payable but for the fact that no valid beneficiary designation is on file with the Trustees as of the date of the Participant’s death, and the Participant is survived either by a lawful spouse or by any child of the Participant whether natural, adopted or stepchild, then the Trustees may, in their sole discretion, deem such surviving spouse, or if none, then such surviving child or children as the designated beneficiary(ies) of such Participant. If there is no surviving spouse or child, the Trustees shall pay the benefit to the personal representative of the estate of the Participant. If there is no personal representative appointed, payment shall be made in the following order: (1) surviving parents, in equal shares; (2) surviving grandchildren in equal shares; or (3) surviving siblings, in equal shares.