Reso 2010-068 - Laserfiche WebLink

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F. A Participant's request to transfer assets from the Plan to a Recipient Plan on a trustee-to-trustee basis shall be approved in the sole discretion of the Administrator. Once approved, such transfer shall be made directly from the Custodian to the trustee or custodian of the Recipient Plan. G. Transfers that are made pursuant to this section may be made while the Participant is an Employee or after his or her Severance From Employment with the Employer. 10.08. Pavment Of Death Benefits. A. Each Participant shall have the right to designate, in writing, on forms provided by the Administrator, a Beneficiary or Beneficiaries to receive the Participant's death benefits, and shall have the right, at any time, to revoke such designation or to substitute another such Beneficiary or Beneficiaries without the consent of any Beneficiary. A Beneficiary shall not be changed except with the signed acknowledgment of the Administrator. B. If a Participant has designated the Participant's Spouse or Domestic Partner as the Participant`s Beneficiary under this Plan, such designation shall be deemed to have been revoked in the event of a judgment, decree, order, or approval of a settlement agreement, issued either (i) by a court of competent jurisdiction, or (ii) through an administrative process established under State law having the force and effect of law under applicable State law, dissolving such marriage yr domestic partnership, unless the Participant designates. the Participant's ex-Spouse or ex-Domestic Partner as the Participant's Beneficiary by a new designation signed by the Participant and delivered to the Administrator after the entry of such judgment, decree, order or approval of a settlement agreement and prior to the Participant's death. C. If, upon the death of a Participant, there is no valid designation of Beneficiary on file with the Administrator, or the Participant's Beneficiary is not alive, the Administrator shall designate as the Beneficiary, in order of priority: 1. The surviving Spouse or surviving Domestic Partner; 2. The surviving children, including adopted children, in equal shares, or their issue, by right of representation; 3. Surviving parents, in equal shares; or 4. The Participant's heirs at law. The determination of the Administrator as to which persons, if any, qualify within the aforementioned categories shall be final and conclusive upon all persons, but the Administrator may seek a declaratory judgment of a court of competent jurisdiction to determine the identity of Beneficiaries and their respective shares at the expense of the Participant's Account. D. Upon the death of a Participant after payments have commenced, any remaining amount in the Participant's Account shall be payable to the Participant's Beneficiary or Beneficiaries in accordance with the provision of the Method Of Payment Of Benefits section, above. 23