oommence, Present value delemhinetions undPf this Section that) be made
<br />try theAdrnirtiffirator in aocordiance with the expected return multiples set Korth
<br />in Lection 1.72.9 of the Federal I n;,orrie Tax Ragutations (or any s+acessor pro.
<br />vision to ouch ).
<br />Section 7.04 Post•r0remenl Death Benefits: Should the ParWpart die
<br />after he has begun io receive benefits under a paymern option, the rmnairiirg
<br />payments, H ary+, under the payment option shah be payable to the Partici
<br />panit Benekiary commencing within the 30 -day period commencing with
<br />Che 31st day alter the Porticipam's death, unless the Beneficiary elects pay'
<br />mere under a drfbraN payrner: opL w within 30 days ol the Parliciparilt death.
<br />In no avers Mhalt the Employer or Administrator be liable to the Beneficiary
<br />fir the amount of any payment made in the name of the Participant before
<br />the Adtsnrxstrata w -ewes prod of dioath of the Participant Notwithstanding
<br />V* foregoing, paymants to a Beneficiary Shan not dutend over a I aOnCi i lager
<br />than (} the Bena6ciary`s life expectancy t the Beneficiary is the Participant's
<br />spouse or (s) frftsen 05) years if the Beneficiary is not the Parte pant's spouse
<br />H no Beneficiary is dosignated in the Joinder ApreemeM, of it Me designated
<br />Bene(eisry does nrA survive tha Participant for a period of fifteen 05) days.
<br />then the oarmwiad vahe of any rarn4ning payments under the payment option
<br />shall be paid in a lump sum to the estate of the Participant. H the designated
<br />Beneficiary rfurvivas the Participant fir a period of fifteen (15) days, txA does
<br />not continue to live tot the renhairMng period of payrnents under the payment
<br />option (as modiliied, if necessary, in conformity with the third sentence of this
<br />eaction), than t of commuted value of any remaining payments under tie pay
<br />mere option "i be pard in a lump sum to the ablated the Beneficiary.
<br />$action 7.65 Pr rettromant Death Benaitts: Should the Partieipart dio
<br />before he has begun to receive the bwv% provided by Section 7U1, the value
<br />of the Pan)cipanti Account shall be payable to the Beneficiary commencing
<br />within the 30 -day period commencing on the 91s1 day atter the Participant's
<br />death, unless the Beneficiary elects a diterem benefit commencemerf date
<br />within the 90 days of the Participartls death. Such benefits shall be paid in
<br />approximately equal annual installments over five years, or over such shorter
<br />period as may be necessary to assure that the amount of any annual install.
<br />mems not lass than 53,500. unless the Beneficiary elects a dMerent payment
<br />option within 90 days d the PaUipart's death. Notwthstan dmg the forego.
<br />frig, berhefits paid to a Beneficiary under this Section may G7 rimer" no earlier
<br />than the 91st day after the Parucipant's death and no later than 60 days after
<br />Vv later of the dose of the Plan Year in which the Participant, aftained or would
<br />have attained Normal Retirement Age or the close of the Plan Year in which
<br />the Participant separated from cervica A Beneficiary who may elect a pay.
<br />mard option pursuant to the provisions of the preceding sentence shall be
<br />Vitiated as t he were a Participant for purposes of determining the payment
<br />Options "sable under Section 7,02, provided, hoA ever, that the Wye" option
<br />chosen by the Beneficiary must provide for payments to the Beneficiary suer
<br />a period no *anger than the Ile expectancy, of the Beneficiary t the Benefrci.
<br />try is the ParUGpentls spouse and must provide for payments over a period
<br />to in mess of fitteen 05) years f the Beneficiary is nal the Parbcipanit spouse
<br />Section 7.66 Unforoo"ikbte Ew4rjj mc4s: in the event an unforeseeable
<br />emergency occurs, a Partcipam may apply to the Employer to receive that
<br />part d the value ol his accoum that is reasonably needed to satisfy the ernes-
<br />gency need H such an oppl-cabon is approved by the Employer, the Partdpam
<br />dha l be paid only such amours as the Employer deems necessary to meet
<br />the emergency need, but payment shall not be made to the extent that the
<br />tnanrial hardship may be rdievied through c es aiio n of deferral under the Plan,
<br />insurance or sew reimbursement. or kquidalion d other assets to the extent
<br />such liquidation would not itself cause severe financial hardship An unfor
<br />aide emergency "I be deemed to involve only circumstances of severe
<br />finanGal hardship to the Panicipam resuning from a sudden and unexpected
<br />illness, accident or d sablrty of the Partepant or of a dependent (as darned in
<br />*action 152(a) of the internal Revenue Code) of the ParoGpam, loss d the Par•
<br />ticfpamt property due to casualty, or other Similar and axiraord nary un orasee-
<br />ade circumstances arising as a result of events beyond the control d the Par,
<br />Wpard The need to send a Participant's child to college or to purchase a naw
<br />hona dish not be considered unforeseeable emergencies The determination
<br />as to whether such on unforeseeable emergency exists dhau be based on the
<br />merits of each individual case.
<br />ARTICLE VIII, NON•ASSIGNABILI Y
<br />No Participarf of Beneficiary daI have any right to commule, sell, assign,
<br />pledge, Iransier of otherwise convey or encumber the right to receive any pay
<br />menls hereundar, which payments and rights are expressly declared to be tion
<br />as +gnate and no'vtransferil ale
<br />ARTICLE IX. RELATIONSHIP TO OTHER PLANS AND EMPLOYMENT
<br />AGREEMENTS
<br />This Plan serves in addition to any other retirement, pension, or benefit plan
<br />or Cystom presently in existence tv hareinalter established for the benefit of the
<br />Employerls employees, and participation hereurKler shah not affect benefits receiv
<br />able under any such plan or "am. NUhing contained in this Plan shall be
<br />deemed to conslrlule an ampioymem wniract or agreement between ary Pan
<br />ticipant and the Employer or to give any Participant the right to be retained in
<br />the employ of the Employer Not deli anything herein be construed to modify
<br />the terms of any employment contract or agreement between a Participant and
<br />the Employer
<br />ARTICLE X. AMENDMENT OR TERMINATION OF PLAN
<br />The Employer may at any time amend this Plan provided that it transmits such
<br />amendment in wrung to the Adminisiralor at least 30 days prior to the ettective
<br />date of the amendment. The consent of the Adm n,stratoi shall not be required
<br />in order for such amendment to become effe(tive, but the Administrator shall
<br />be under no obligation to continue acting as Admirvstrator hereunder d it disap-
<br />proves of such amendment The Employer may at arty time terminate this Plan
<br />The Administralor may at arty time propose an amendment to the Plan by an
<br />instrument in writing irarhsmtted to the Employer at least 30 days before the effec
<br />live dale of the amendment Such amendment shall become effective unless,
<br />within such 30 -day penod. the Employer notifies the Administrator in writing that
<br />k disapproves such amendment. in which case such amendment shall not become
<br />eft i% s In the aveni of such disapproval, the Admrtistralor than be under no
<br />obirgalion to Continue acting as Administrator hereunder
<br />No amendment or termination of the Plan shall divest any Participant of any
<br />fights with respect to compensation deferred before the date d the amendment
<br />of termination.
<br />ARTICLE XI. APPLICABLE LAW
<br />This Plan shall be construed under the taws of the state where the Employer
<br />is located and is estabimhed with the intent that it meet the requirements of an
<br />Wgible Stale dekited compensation plan' i!rder sectwn 457 d the internal Rev-
<br />enue Code of 1954, as amended The provisions of this Plan shall be interpreted
<br />whatever possible in conformity wit the requiremerns of that section
<br />ARTICLE XII. GENDER AND NUMBER
<br />The masculine pronoun. wherever used heroin, "It include the feminine pro.
<br />noun, and the singular shalt include the plural), except where the context requires
<br />otherwiifie
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