FAILURE TO PROVIDE OR MAKE PAYMENT (IN WHOLE OR IN PART) OF A PLAN BENEFIT.
(O)
"DESIGNATED BENEFIT COMMENCEMENT DATE" MEANS, WITH RESPECT TO AN
ACCOUNT, THE DATE ELECTED BY AN ELIGIBLE EMPLOYEE FOR DISTRIBUTION (OR
COMMENCING DISTRIBUTION, IF PAYABLE IN INSTALLMENTS) OF THE ACCOUNT.
EXCEPT AS
OTHERWISE PROVIDED IN SECTION 4.06, A PARTICIPANT'S DESIGNATED BENEFIT
COMMENCEMENT DATE MUST BE EITHER (I) A SPECIFIED QUARTERLY DISTRIBUTION DATE
OCCURRING AT LEAST TWO YEARS AFTER THE END OF THE CALENDAR YEAR FOR WHICH THE
DEFERRAL IS MADE OR (II) A SPECIFIED QUARTERLY DISTRIBUTION DATE OCCURRING IN
THE CALENDAR QUARTER AFTER THE PARTICIPANT'S RETIREMENT OR ONE OF THE NEXT
FOLLOWING THREE CALENDAR QUARTERS.
(P)
"DESIGNATED FORM" MEANS, WITH RESPECT TO AN ACCOUNT, THE FORM IN
WHICH AN ELIGIBLE EMPLOYEE HAS ELECTED FOR THE ACCOUNT TO BE DISTRIBUTED.
THE
"DESIGNATED FORM" MUST BE EITHER (I) A SINGLE LUMP SUM PAYMENT OR (II) ANNUAL
INSTALLMENTS BEGINNING ON THE DESIGNATED BENEFIT COMMENCEMENT DATE AND
CONTINUING OVER THE NEXT FOLLOWING ANNIVERSARIES OF SUCH DATE FOR A DESIGNATED
NUMBER OF YEARS, NOT TO EXCEED A TOTAL OF 15 ANNUAL INSTALLMENTS.
EACH
INSTALLMENT SHALL CONSIST OF A PORTION OF THE REMAINING ACCOUNT, WHICH SHALL BE
EQUAL TO (I) ONE DIVIDED BY (II) ONE PLUS THE NUMBER OF INSTALLMENTS REMAINING
AFTER THE INSTALLMENT FOR WHICH THE
3
CALCULATION IS BEING MADE.
IF AN ELIGIBLE EMPLOYEE FAILS TO ELECT THE
DESIGNATED FORM FOR AN ACCOUNT, THE DESIGNATED FORM FOR SUCH ACCOUNT SHALL BE A
SINGLE LUMP SUM PAYMENT.
(Q)
"DOMESTIC PARTNER" MEANS A PERSON OF THE SAME OR OPPOSITE SEX
(I) WITH WHOM THE PARTICIPANT HAS A SINGLE, DEDICATED RELATIONSHIP AND HAS
SHARED THE SAME PERMANENT RESIDENCE FOR AT LEAST SIX MONTHS, (II) WHO IS NOT
MARRIED TO ANOTHER PERSON OR PART OF ANOTHER DOMESTIC PARTNER RELATIONSHIP AND
IS AT LEAST AGE 18, (III) WHO, WITH THE PARTICIPANT, IS MUTUALLY RESPONSIBLE FOR
THE OTHER'S WELFARE, (IV) WHO, WITH THE PARTICIPANT, INTENDS FOR THEIR
RELATIONSHIP TO BE PERMANENT, (V) WHO IS NOT SO CLOSELY RELATED TO THE
PARTICIPANT AS TO PRECLUDE MARRIAGE UNDER STATE LAW, AND (VI) FOR WHOM THERE IS
AN AFFIRMATION OF DOMESTIC PARTNERSHIP ON FILE WITH THE ADMINISTRATOR.
IN
DETERMINING WHETHER THE REQUIREMENTS OF CLAUSES (I) THROUGH (V) OF THE PRECEDING
SENTENCE HAVE BEEN SATISFIED, THE ADMINISTRATOR MAY RELY ON THE AFFIRMATION OF
DOMESTIC PARTNER FILED WITH THE ADMINISTRATOR.
(R)
"EARNINGS CREDIT" MEANS, WITH RESPECT TO AN ACCOUNT, THE AMOUNT
CREDITED TO THE ACCOUNT PURSUANT TO SECTION 5.05.
(S)
"ELIGIBLE EMPLOYEE" MEANS A COMMON-LAW EMPLOYEE OF THE EMPLOYER
WHO (I) IS PAID ON THE EMPLOYER'S UNITED STATES PAYROLL, (II) HAS AN ANNUAL BASE
SALARY PAYABLE BY THE EMPLOYER OF AT LEAST $100,000 OR SUCH GREATER AMOUNT
SPECIFIED BY THE ADMINISTRATOR BEFORE THE CALENDAR YEAR IN WHICH SUCH GREATER
AMOUNT FIRST APPLIES, (III) IS EITHER (A) A CITIZEN OR LEGAL PERMANENT RESIDENT
OF THE UNITED STATES OR (B) HOLDS ONE OF THE FOLLOWING TYPES OF UNITED STATES'
VISAS:
F-1, F-2, H-1B, H-2B, H-3, H-4, L-1, O-1, O-3, OR TN,