AgdaPkt 2002-12-09 - Laserfiche WebLink

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�.i�-ic� . 5.5 Time of Distribution Unless the Participant .othe�vise elects, the payment of benefits under the Plan to the Participant will begin not later than the 60� day after the close of the Plan Year in which • the Participant temlinates his or her service with the Employer. _.--- - . ._ . _ _ _ 5.6 ,� Participant's Rights Not Subject To Ezecution � -� - The right of a Participant to a benefit under this Plan is unassignable and is not subjeet to execution or any other process whatsoever, except to the extent permitted by section 704.110 of the Code of Civil Pmcedure of the State of California � 5.7 Inability to Locate Participant or Beneficiary In the event that a distribution cannot be made solely by reason of the inability of the Employer to locate the Participant or Beneficiary, after sending a registered letter, return receipt requested, to the last known address, and after further diligent effort to ascertain the whereabouts of such Participant or Beneficiary, the amount so distributable shall be subject to the abandoned property law of the applicable jurisdiction. 5.8 Direct Rollovers This section applies to all distributions made on or after January 1, 1993. Notwithstanding any provision of the Plan to the contrary that would otherwise limit a Distributee's election under this Plan, a Distributee may elect, at the time and in the manner prescribed bv the Plan Administrator, to have any portion of an eligible rollover distribution paic� dir� _;iy to ar: °?��ible retirement plan specified by the Distributee in a direct rollover. (a) Definitions (i) Eligible Rollo�er Distribution An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the Distributee, except that an eligible rollover distribution does not include: (1) any distribution that is one of a series of substantially equal periodic payments (not ]ess frequently than annually) made for the life (or life expectancy) of the Distributee or the joint lives (or joint life expectancies) of the Distributee and the Distributee's desi�nated beneficiary, or for a specified period of ten (10) years or more; (2) any distribution to the extent such distriburion is required under section 401 (a) (9) of the lnternal Revenue Code; (3) any hardship distribution described in Section 401(k)(?)(B)(i)(IV) of the Code; and (4) the portion of any distribution that is not includible in gross income (determined without regard to the exclusion for net unrealized appreciation with respect to Employer securities). (ii) Eligible Retirement Plan 9 NB1:538180.2