Effective January 1, 1986, notwithstanding any provision in this Plan to the contrary, the distribution of a Participant's benefits shall be made in accordance with the requirements of Code Section 401(a)(9). For purposes of complying with Code Section 401(a)(9), life expectancies were determined in accordance with the 1987 proposed regulations prior to January 1, 2003, and with the final regulations (§ 1.401(a)(9)-1 through § 1.401(a)(9)-9) on or after January 1, 2003.
A. Distribution of benefits.
(1) Distribution of a Participant's benefits shall begin not later than April 1 of the calendar year following the later of:
(a) The calendar year in which the Participant attains age 73 if a Participant is born prior to 1960; or
(b) The calendar year in which the Participant attains age 75 if a Participant is born in 1960 or later; or
(c) The calendar year in which the Participant retires.
(2) Distributions must be made over a period not exceeding the life of the Participant or the joint lives of a Participant and his Beneficiary.
B. Distributions to a Participant and his Beneficiaries shall only be made in accordance with the incidental death benefit requirements of Code Section 401(a)(9)(G) and the regulations thereunder. If a Participant receives a joint and survivor annuity and the beneficiary is not the Participant's spouse, life expectancy shall be determined using the Uniform Lifetime Table of Treasury regulation § 1.401(a)(9)-9.
C. This section does not authorize the payment of any benefit in any form not permitted under another provision of the Plan.
D. The terms of any annuity purchased with Trust assets must comply with the requirements of Code Section 401(a)(9) and the regulations thereunder.