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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 <br />