Reso 2010-068 - Laserfiche WebLink

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G. 2009 Reouired Minimum Distributions. Notwithstanding any other provision of the Plan to the contrary: 1. A Participant or a Beneficiary who would have been required to receive required minimum distributions for 2009 but for the enactment of Code section 401(a)(9)(H) (2009 RMDs), wilt continue to receive 2009 RMDs as if Code section 401(a)(9)(H) had not been enacted. 2. Solely for purposes of applying the direct rollover provisions of the Pfan, a direct rollover will be offered only for distributions that would be Eligible Rollover Distributions without regard to Code section 401(a)(9)(H). D. Restrictions On Distributions. Notwithstanding the foregoing provisions and except as provided in the In-Service Distributions section, below, the payment of a Participant's benefits under the Plan may not commence earlier than the earliest of: 1. The calendar year in which the Participant attains age seventy and one-half (70-1/2); 2. When the Participant has a Severance From Employment; 3. When the Participant is faced with an unforeseeable emergency as provided in the Distributions Upon An Unforeseeable Emergency section, below; or 4. The Participant transfers an amount to a defined benefit governmental plan pursuant to the Purchase Of Defined Benefit Plan Service Credit section, below. 10.04. 10.05 Distributions To Rehired Emalovees. A Participant who is receiving benefit payments under this Plan or who previously received a single sum distribution of the Participant's benefits under this Plan, and who is subsequently reemployed by the Employer, shall not have benefits suspended and shall receive an additional benefit equal to the benefit that the Participant accrues after the Participant's reemployment commencement date. Such additional benefit shall commence upon the Participant's subsequent Severance From Employment, unless such additional benefit must commence at an earlier date as required by the provisions of Code section 401(a)(9). There shall be no duplication of benefits to such a Participant. Such additional benefit shall be paid to the Participant in the same form as the benefits that had already commenced. Distributions Uaon An Unforeseeable Emergencv. A. At any time, a Participant may apply in writing to the Administrator for a distribution upon an unforeseeable emergency in an amount equal to all or a portion of the Participant's Account. B. The Administrator shall determine, in its sole and absolute .discretion, the amount of the distribution that is necessary to alleviate the unforeseeable emergency. The determination by the Administrator of the existence of an unforeseeable emergency and of the amount necessary to meet the need shall be made in a nondiscriminatory and uniform manner. This determination by the Administrator shall be final and binding. 20