Article VIII. Application, Benefit Payments And Retirement

Section 1. Advance Written Application Required.

An application for a pension shall be made in writing on a form and in the manner prescribed by the Plan Trustees, and shall contain such information as the Plan Trustees may deem necessary. Such application shall be a condition for payment of a pension and must be filed with the Plan Trustees prior to the first month for which benefits are payable, except that an application for a Disability Pension shall be considered timely and benefits shall be effective as of the date specified in Article III, Section 10, regardless of whether such application is filed with the Plan Trustees prior to such effective date.

Where applicable, an application for pension benefits must include a written statement from the administrator of any qualified pension, profit sharing or stock bonus plan maintained by a Producer under which a benefit has been paid or is payable to a Participant. Such statement must specify the amount of benefits which has been or shall be paid to the Participant pursuant to such other plan or plans.

The Plan Trustees and the Benefits Committee are authorized and empowered to construe the meaning of any doubtful or ambiguous provisions of the Pension Plan, and any construction thereof adopted by the Plan Trustees or the Benefits Committee in good faith shall be binding upon SAG, the Producers, the Actors and all beneficiaries. The Plan Trustees and the Benefits Committee are authorized and empowered generally to do all things, execute all such agreements, adopt and promulgate all such reasonable rules and regulations, take all such proceedings and exercise all such rights and privileges as are necessary in the establishment, maintenance and administration of the Pension Plan and, specifically, but not limited to, the plan of pension eligibilities and benefits required thereunder.

Section 2. Information Required.

Each Participant and Pensioner shall furnish to the Plan Trustees any information or proof requested by them and reasonably required to administer the Plan. Failure on the part of any Participant or Pensioner to comply with such request promptly and in good faith shall be sufficient grounds for denying, suspending or discontinuing pension payments to such person. If a Participant or Pensioner or other claimant to benefits hereunder makes a false statement material to his claim of benefits, the Plan Trustees shall recoup, offset or recover any amount paid to such Participant or Pensioner or other claimant to which he was not rightfully entitled under the provisions of this Plan.

Section 3. Notification to Applicant of Decision.

a.    Written notice of the action taken on an application for benefits shall be mailed to the applicant within 90 days (45 days, in the case of a Disability Pension claim filed on or after January 1, 2002) after receipt of the claim by the Plan Trustees, unless special circumstances require an extension of the time for processing the application. If such extension of the time for processing is required, written notice of the extension shall be furnished to the applicant prior to the end of the initial 90-day period (45-day period, in the case of a Disability Pension claim filed on or after January 1, 2002). In no event shall such extension exceed a period of 90 days from the end of such initial period. In the case of a claim for a Disability Pension claim filed on or after January 1, 2002, the Plan Trustees may extend the initial 45-day determination period by written or electronic notification for up to 30 days provided that such an extension is necessary due to matters beyond the control of the plan and may further extend this period for up to an additional 30 days by notifying the applicant prior to the end of the first 30-day extension period.

The extension notice shall indicate the special circumstances requiring an extension of time and the date by which the Plan Trustees expect to render the final decision. For Disability Pension claims filed on or after January 1, 2002, the extension notice shall give the applicant 45 days to provide the specified information and shall also indicate (1) the standards on which the entitlement to the Disability Pension is based, (2) any unresolved issues causing the delay in the Plan Trustees' action on the application for benefits, and (3) the additional
information, if any, required by the Plan Trustees in order to act on the application for benefits.
b.    If and to the extent that the action constitutes a denial of the application, the notice shall set forth in a manner calculated to be understood by the applicant (1) the specific reason or reasons for the denial; (2) specific reference to pertinent Plan provisions on which the denial is based; (3) a description of any additional material or information necessary for the applicant to perfect the application and an explanation of why such material or information is necessary; and (4) an explanation of the Plan's appeal procedure. For Disability Pension
claims filed on or after January 1, 2002, the notice of denial shall also set forth the rule, guideline, protocol or criteria relied on in the denial of the application, and shall inform the applicant that a copy of such rule, guideline, protocol or criteria may be obtained by the applicant from the Plan Trustees at no cost to the applicant.

Section 4. Appeals.

a.    Any person who is not satisfied with the action taken on his application for benefits may appeal to the Plan Trustees for reconsideration of its decision. An appeal shall be in writing, shall state in clear and concise terms the reason or reasons for disagreement with the decision of the Plan Trustees, and shall be filed with or received by the Administrative Office within 60 days (180 days, in the case of a Disability Pension claim filed on or after January 1, 2002) after the date shown on the notice to the applicant of the decision of the Plan Trustees.
b.    Upon good cause shown, the Plan Trustees may permit the appeal to be amended or supplemented. The failure to file an appeal within the time period specified in (a) above shall constitute a waiver of the applicant's right to reconsideration of the decision on the basis of the information and evidence submitted prior to the decision. Such failure shall not, however, preclude the applicant from establishing his entitlement at a later date based on additional information and evidence which was not available to him at the time of the decision of the Plan Trustees.
c.    The Plan Trustees shall adopt procedural rules under which a full and fair review of the application and its denial may be obtained. Such procedure (i) shall afford the applicant or his duly authorized representative an opportunity to review the pertinent documents and submit issues and comments; (ii) may, but shall not be required to, provide for referral of the appeal to a committee of the Board of Trustees for review and investigation. If an appeal is referred to such a committee, the Board of Trustees may either direct the committee to make a recommendation to the Board of Trustees for disposition of the appeal or may delegate to such committee the authority to decide the appeal. If such authority is delegated to the committee, then the decisions of the committee shall be deemed to be the decision of the Plan Trustees for all purposes.
d.    The review of an adverse benefit determination for a Disability Pension claim filed on or after January 1, 2002 will:
1.    not give deference to the initial adverse benefit determination and will be conducted by a fiduciary of the Plan who is neither the individual who made the initial denial of the claim
nor the subordinate of such individual;
2.    in deciding an appeal of any adverse benefit determination that is based in whole or in part on a medical judgment, include consultation with a health care professional who has appropriate training and experience in the field of medicine involved in the medical judgment and who is not the individual who was consulted in connection with the determination
that is the subject of the appeal nor the subordinate of such individual; and
3.    provide for the identification of medical or vocational experts whose advice was obtained in connection with the adverse determination,without regard to whether the advice was relied upon in making the determination.
e.    A decision on the appeal by the Plan Trustees shall be made promptly and not later than 60 days after receipt of the appeal in the form of either (1) a final decision on the matter, or (2) a statement indicating that an extension of 60 days is needed to process the claim. In the case where an extension is needed, the extension notice will indicate the special circumstances requiring an extension of time and the date by which the plan expects to render the determination on the appeal. The applicant shall be advised of the decision of the Plan Trustee in writing within five (5) days. The decision shall include specific reasons for the decision, written in a manner calculated to be understood by the applicant and specific references to pertinent the Plan provisions on which the decision is based. The decision shall also include a statement that the applicant is entitled to receive upon request and at no cost, copies of all documents, records and other information relevant to the claim for benefits. For Disability Pension claims filed on or after January 1, 2002, the decision shall also set forth the rule, guideline, protocol or criteria relied on in the decision. 

In the case of a Disability Pension claim filed on or after January 1, 2002, the decision on the appeal shall be made by the Plan Trustees no later than the date of the regularly scheduled Trustees meeting that immediately follows the receipt of the appeal, unless the appeal is filed within 30 days preceding the date of such meeting, in which case the decision must be made by no later than the date of the second Trustees meeting following the receipt of the appeal. If an extension of time is needed to process the claim, the applicant shall be so notified prior to the commencement of the extension and the decision shall be made by the Plan Trustees no later than the third Trustees meeting following the receipt of the appeal.
f.    The decision of the Plan Trustees with respect to the appeal shall be final and binding upon all parities, including the applicant and any person claiming under the applicant. The provisions of this Section shall apply to and include any and every claim to benefits from the Fund, and any claim or right asserted under the Pension Plan or against the Pension Fund, regardless of the basis asserted for the claim and regardless of when the act or omission upon which the claim is based occurred. (g) No legal action may be commenced or maintained against the Plan more than ninety (90) days after the Plan Trustees' written decision on appeal has been provided. For purposes of this paragraph, the Plan Trustees' written decision on appeal will be deemed to have been provided on the fifth business day following the postmarked date, if mailed, or the date of delivery if personally delivered or delivered by facsimile. Written notice of this ninety (90) day limitations period shall be provided to the applicant along with the written notification of the Plan Trustees' decision on appeal.

Section 5. Pension Payments Generally.

a.    Commencement of Benefits. An eligible Participant who makes application in accordance with this Pension Plan shall be entitled upon retirement to receive the monthly benefits provided for the remainder of his life, subject, however, to all of the provisions of this Plan. Pension payments shall be payable commencing with the first day of the month following the date on which the Participant has fulfilled all of the conditions for entitlement to benefits, including the requirement for advance application.

However, in no event, unless the Participant elects otherwise, shall the payment of benefits begin later than the first of the month following the month in which the Participant attains Normal Retirement Age provided, however, that an election to defer the commencement of benefits filed on or after January 1, 1989, may not postpone the commencement of benefits to a date later than the Participant's Required Beginning Date.
b.    Required Beginning Date. Prior to January 1, 1997, a Participant's Required Beginning Date is April 1 of the calendar year immediately following the calendar year in which the Participant has attained age 70½, provided that, for a Participant who attained age 70½ before 1988 other than a 5% owner, the Required Beginning Date is April 1 of the calendar year in which the Participant withdraws from employment as an Actor in the motion picture industry or employment as a Plan Office Participant, if that is later.

Effective January 1, 1997, a Participant's Required Beginning Date is April 1 of the calendar year immediately following the calendar year in which the Participant has attained age 70 ½, provided that, for a participant who attains age 70 ½ after December 31, 1995 and is not a 5% owner, the Required Beginning Date is April 1 of the calendar year following the later of (i) the calendar year in which the Participant attains 70 ½, or (ii) the calendar year in which the Participant withdraws from employment as an Actor in the motion picture industry or employment as a Plan Office Participant. For Participants whose benefits commence after April 1 of the calendar year following the calendar year in which the Participant attains age 70 ½, such Participant's benefit amount (including any additional benefit which is accrued after such date) shall be actuarially increased for the period between April 1 of the calendar year following the calendar year in which the Participant attains age 70 ½ (or the end of the plan year in which any additional benefit is accrued) and the Participant's benefit commencement
date. Such actuarial increase shall be determined as defined in Section 5(c) below, and shall be offset to the extent an actuarial increase is otherwise provided due to delayed retirement.

c.     Delayed Retirement. Annuity Starting Dates before August 1, 2005. Effective January 1, 1993, if the Annuity Starting Date of a Participant's pension is later than the first day of the month following the month in which the Participant attained Normal Retirement Age, the benefit amount determined under Article III, Section 3(a) and (b) or Section 3(c) shall be actuarially increased for each month the benefits are delayed. Notwithstanding the foregoing, the benefit amount determined under Article III, Section 3(c) shall not be actuarially increased for any month in which the Participant's pension was suspended in accordance with Article VIII, Section 8(d). 

The actuarial increase shall be 1% per month for the first 60 months after Normal Retirement Age and 1.5% for each month thereafter. 

Annuity Starting Dates on and after August 1, 2005. If the Annuity Starting Date of a Participant's pension is later than: (1) the first day of the month following the month in which the Participant attained age 65, or (2) in the case of a Participant who becomes eligible for a Vested Pension in accordance with Article III, Section 6(a)(2), the first day of the month following the month in which the Participant satisfies the requirements of Article III, Section 6(a)(2), the benefit amount determined under Article III, Section 3(a) and (b), or Section 3(c) shall be actuarially increased for each month the benefits are delayed. Notwithstanding the foregoing, the benefit amount determined under Article III, Section 3(c) shall not be actuarially increased for any month in which the Participant's pension was suspended in accordance with Article VIII, Section 8(d).

The actuarial increase shall be 1% per month for the first 60 months that benefits are delayed as described in the preceding paragraph and 1.5% for each month thereafter.
d.    Termination of Benefits. Pension payments shall end with the payment for the calendar month in which the death of the Pensioner occurs except as provided in accordance with a 50% Joint and Survivor Pension or an optional form of payment that provides a benefit to a beneficiary upon the death of the Pensioner, or, if applicable, upon the completion of the guaranteed payments provided for in Article V.
e.    Distribution Limits. All distributions required under this Pension Plan shall be determined and made in accordance with Treasury Regulations issued under Internal Revenue Code Section 401(a) (9), including the minimum distribution incidental death benefit requirement of Section 1.401(a)(9)-2 of the Proposed Treasury Regulations. Except as otherwise provided in Article IV, the requirements of this paragraph shall apply to any distribution of a Participant's interest and will supersede any inconsistent provisions of the Plan.
f.    Payment of Benefits Accrued After Retirement.
1.    Commencement.
i.    Any additional pension benefit based on additional Earnings Credit earned prior to January 1, 1996 by a Pensioner who retired prior to Normal Retirement Age will be payable as of the Annuity Starting Date determined without regard to subsection (d) of Article I, Section 26. Any additional benefit based on Earnings Credit earned on or after January 1, 1996 will be payable in accordance with subsection (ii) below.
ii.    With respect to Early Retirement Pensioners who earn additional Earnings Credit after their initial Annuity Starting Date but prior to Normal Retirement Age, payment of any additional benefit based on such Earnings Credit shall be deferred until the second Annuity Starting Date set forth in Article I, Section 26, et. seq., and the Pension Credits as of the second Annuity Starting Date will be used to determine the maximum pension under Article III, Section 3(b)(3). With respect to all other Pensioner, payment of any additional benefit will be determined at the end of each Calendar Year and will be payable as of January 1 following the end of the Calendar Year in which it accrued. For such Pensioners, the Pension Credits as of the end of such Calendar Year will be used to determine the maximum pension underArticle III, Section 3(b)(3).
iii.    Notwithstanding the foregoing, in the event an Early Retirement Pensioner dies after returning to covered employment but prior to the second Annuity Starting Date, any additional benefit earned during the period of reemployment shall be calculated and paid as a pre-retirement death benefit in accordance with Article IV, Section 4, or Article V, Section 1, whichever is applicable, except that the minimum benefit described in Article V, Section 1(a) shall not apply. The Annuity Starting Date for such additional benefit payable in accordance with Article IV, Section 4 shall be determine in accordance with Article I, Section 26(c) without regard for subsection (d).
2.    Elections.
i.    In all cases, the benefit payment elections made at the time of the initial Annuity Starting Date shall govern with respect to all benefits accrued prior to such Annuity Starting Date and the benefit payment elections made at the time of the second Annuity Starting Date (if applicable) shall govern with respect to all benefits accrued subsequent to the second Annuity Starting Date.
ii.    In the case of a Participant whose initial Annuity Starting Date occurred on or after Normal Retirement Age, the benefit payment elections made on the initial Annuity Starting Date will apply to any additional Earnings Credit earned after such Annuity Starting Date.
3.    Form of Payment. In the case of a Participant who retired before Normal Retirement Age and is entitled to an adjusted pension in accordance with Section 10(c) of this Article,
payment of any additional benefit will be paid in accordance with the following:
i.    Unmarried Participants. If the Participant is not married on the second Annuity Starting Date, the benefits earned during the period(s) of reemployment will be paid as a Five-Year Certain and Life Annuity as of the second Annuity Starting Date, or, if that is properly rejected, the payment form elected on the Participant's first Annuity Starting Date.
ii.    Married Participants. If the Participant elected the 50% Joint and Survivor Pension on the first Annuity Starting Date and is married on the second Annuity Starting Date, the benefits earned during the period(s) of reemployment will be paid as a 50% Joint and Survivor Pension as of the second Annuity Starting Date, or, if that is properly rejected, a Five-Year Certain and Life Annuity.

If the Participant elected a form of payment other than the 50% Joint and Survivor Pension on the first Annuity Starting Date and is married on the second Annuity Starting Date, the benefits earned during the period(s) of reemployment will be paid as a 50% Joint and Survivor Pension as of the second Annuity Starting Date, or, if that is properly rejected, the payment form elected on the Participant's first Annuity Starting Date.

Section 6. Duplication of Pensions.

A Pensioner shall not be entitled to the payment under this Plan of more than one type of pension at any one time except as otherwise provided in Appendix A.

Section 7. Lump Sum Payment in Lieu of Monthly Pension.

If the actuarial value of a Participant's lifetime pension is $1,000 or less at the time his monthly pension is payable, (or $5,000 or less if the distribution is prior to March 28, 2005), the Trustees shall pay him the lump sum amount of such actuarial value, instead of the monthly pension otherwise due to him. Effective March 28, 2005, if the actuarial value of his lifetime pension is $5,000 or less but more than $1,000, the Participant may elect to receive a lump sum payment in lieu of the monthly pension.
Nothwithstanding the foregoing, if a Participant has started to receive payments in the form of a 50% Joint and Survivor Pension, the surviving legal spouse shall receive monthly benefits after the Participant's death, unless the surviving legal spouse consents, in writing, in a form prescribed by the Trustees, to a lump sum payment. Further, with respect to an Alternate Payee, or the surviving legal spouse in the case of a pre-retirement death, if the actuarial value is $5,000 or less, the Trustees shall pay the Alternate Payee or surviving legal spouse the lump sum amount of such actuarial value, instead of the monthly pension due to him.
The amount of such lump sum payment shall be determined using the following actuarial assumptions:
a.    For purposes of determining the present value of a lump sum distribution for distributions occurring prior to January 1, 2000, the amount of the lump sum payment shall be determined using the following mortality table and interest rate:
i.    Mortality Table: The 1971 Group Annuity Mortality Table for Males, blended 60% with no set back and 40% set back seven years for Participants, and the 1971 Group Annuity Mortality Table for Males, blended 60% set back seven years and 40% with no set back for beneficiaries.
ii.    Interest Rate: The lesser of (A) 7% per annum or (B) the interest rate that would be used, as of January 1, of the Calendar Year that includes the Participant's Annuity Starting Date, by the Pension Benefit Guaranty Corporation for purposes of determining the lump sum distribution of such benefit as if the Plan were then terminated.
b.    For purposes of determining the present value of a lump sum distribution for distributions occurring on or after January 1, 2000, but before January 1, 2008, the amount of the lump sum payment shall be determined using the following mortality table and interest rate:
i.    Mortality Table: The table prescribed by the Secretary of the Treasury pursuant to Code Section 417(e)(3) that is based on the prevailing commissioners' standard table (described in Code Section 807(d)(5)(A) and Rev. Rul. 95-6, 1995-1 C.B. 80) used to determine reserves for group annuity contracts issued on the date of distribution.
ii.    Interest Rate: The lesser of (A) 7% per annum or (B) the annual rate of interest on 30 year Treasury securities as specified by the Commissioner of the Internal Revenue Service
under Code Section 417(e)(3) for the month of November immediately preceding the Plan Year which contains the Annuity Starting Date.
c.    For purposes of determining the present value of a lump sum distribution for distributions occurring on or after January 1, 2008, but before January 1, 2011, the amount of the lump sum payment shall be determined using the following mortality table and interest rate:
i.    Mortality Table: The table prescribed by the Secretary of the Treasury pursuant to Code Section 417(e)(3)(B).
ii.    Interest Rate: The table prescribed by the Secretary of the Treasury pursuant to Code Section 417(e)(3)(C) for the month of November immediately preceding the Plan Year which contains the Annuity Starting Date.
d.    For purposes of determining the present value of a lump sum distribution for distributions occurring during 2011, the amount of the lump sum payment shall be determined using the following mortality table and interest rate:
i.    Mortality Table: The table prescribed by the Secretary of the Treasury pursuant to Code Section 417(e)(3)(B).
ii.    Interest Rate: The table prescribed by the Secretary of the Treasury pursuant to Code Section 417(e)(3)(C) for August 2010 or November 2010, whichever is more favorable to the participant.
e.    For purposes of determining the present value of a lump sum distribution for distributions occurring on or after January 1, 2012, the amount of the lump sum payment shall be determined using the following mortality table and interest rate:
i.    Mortality Table: The table prescribed by the Secretary of the Treasury pursuant to Code Section 417(e)(3)(B).
ii.    Interest Rate: The table prescribed by the Secretary of the Treasury pursuant to Code Section 417(e)(3)(C) for the month of August immediately preceding the Plan Year which contains the Annuity Starting Date.

Section 8. Retirement.

a.    Before Age 65. To be considered retired and entitled to a pension under this Plan before age 65, a Participant who first retires on an Early Retirement Pension prior to January 1, 1999 must withdraw and refrain from employment (other than employment as a stunt coordinator for Participants who retired prior to August 14, 1994) for which sessional earnings are reported to the Plan in a calendar month which equal or exceed the minimum amount required to earn a year of Pension Credit under Article VI, Section 2(c), in the same industry, in the same trade or craft, and in the same geographic area covered by the Plan. To be considered retired and entitled to a pension under this Plan before age 65, a Participant who first retires on an Early Retirement Pension on or after January 1, 1999 must withdraw and refrain from employment for which sessional earnings are reported to the Plan in a calendar month which equal or exceed the equivalent of 7 days multiplied by the minimum day player rate in effect for that month, rounded up to the next $100, in the same industry, in the same trade or craft, and in the same geographic area covered by the Plan. For the purposes of this Subsection:
1.    The same "industry" means any business activity of any employer, including self-employment, that includes the type of employment covered by the Plan at the time of retirement or reemployment after retirement.
2.    The "same trade or craft" means an occupation in the type of employment covered by he Plan at the time of retirement or reemployment after retirement, any occupation utilizing the same skill(s), and any self-employment or supervisory employment related to the same skill(s) as were involved in such occupation(s).
3.    The "same geographic area" means the United States.
4.    The "minimum annual Earnings Credit" means the minimum amount of Earnings Credit required under Article VI, Section 2(c) to earn a year of Current Service Credit.
5.    "Sessional earnings" means the compensation payable by a Producer for an Actor's employment in the production of photography or sound track for a Motion Picture.
6.    "Day player rate" means the minimum compensation payable to an Actor pursuant to the terms of the TV and Theatrical Agreement (the Producer-Screen Actors Guild Codified Basic Agreement) in effect for that month.
b.    After Age 65. Once a Pensioner attains age 65, he may be employed in any capacity and be considered retired and entitled to a pension under this Plan.
c.    Interpretation of Overlapping Employment. If a Pensioner is employed in a job category covered by both the SAG Collective Bargaining Agreement and the AFTRA Collective Bargaining Agreement, and the employment is under the AFTRA Collective Bargaining Agreement, then the employment shall not be deemed to come within clause (2) of the paragraph (a) of this Section 8.
d.    Plan Office Participant and Guild Office Participant. Notwithstanding any other provision of this Section 8, to be considered retired and entitled to a pension under this Plan, a Participant who is younger than age 65 and is either a Plan Office Participant or a Guild Office Participant must resign from employment with the Plan or the Guild and must thereafter refrain from employment with the Plan Office or Guild Office in excess of 7 work days in a calendar month. Post-retirement employment up to and including 7 work days in a calendar month with the Plan or Guild or any amount of employment with any other employer shall not cause a suspension of pension payments. For this purpose, a "work day" means the number of hours that the Plan Office or Guild Office expects its employees to work in a day during the relevant calendar month.

Section 9. Suspension of Benefits.

a.    If a Pensioner who is younger than age 65 ceases to be retired as described in Section 8 above, his pension payments shall be suspended for any calendar month in which he is so employed. After that period, his pension shall again become payable, as provided in Section 10 of this Article. On and after January 1, 1999, at the end of each Calendar Year, any Participant who has his benefits suspended for any months during such Calendar Year as a result of sessional earnings (as defined in Section 8 (a)) during each of such months equal to or in excess of the equivalent of 7 days multiplied by the minimum day player rate (as defined in Section 8 (a)) in effect for such month under the TV and Theatrical Agreement (the Producer-Screen Actors Guild Codified Basic Agreement), rounded up to the next $100, but who fails to earn the minimum annual Earnings Credit (as defined in Section 8(a)) during such Calendar Year, shall have such suspended benefits refunded to him.
b.    If a Pensioner who is younger than age 65 becomes employed in work of the type described in Section 8 of this Article, he must notify the Trustees, in writing, within 15 days following the commencement of such employment.
c.    A Pensioner shall provide the Trustees with such information as they may request in order to establish the nature and extent of any employment by the Pensioner after the date of commencement of his benefits. In addition, at least once each year a Pensioner shall be required to certify on a form acceptable to the Trustees that he is retired within the meaning of the Plan. Any pension payments otherwise due shall be withheld pending adequate response by the Pensioner to such request.
d.    A Participant whose pension has been suspended shall advise the Trustees in writing when disqualifying employment has ended. Benefit payments shall be held back until such notice is filed with the Trustees.
e.    A Participant may, in writing, request of the Trustees a determination whether contemplated employment will be disqualifying, and the Trustees shall provide the Participant with their determination within a reasonable amount of time.
f.    Notice of Suspension. The Trustees shall inform a Participant of any suspension of benefits by notice given by personal delivery or first class mail during the first calendar month in which his benefits are withheld. Such notice shall include a description of the specific reasons for the suspension, a description and a copy of the relevant plan provisions, reference of the applicable regulations of the U.S. Department of Labor, and a statement of the procedure for securing a review of the suspension.
g.    Review. A Participant shall be entitled to a review of a determination suspending his benefits by written request filed with the Trustees within 60 days of the notice of suspension of benefits. The same right of review shall apply, under the same terms, to a determination by or on behalf of the Trustees that contemplated employment will be disqualifying.

Section 10. Pension Payment Following Suspension.

a.    Pension payments to a Pensioner, who has ended his disqualifying employment, shall be resumed beginning no later than the third month after the last calendar month for which his benefit was suspended, provided the Participant has complied with the notification requirements of this Plan.
b.    A Pensioner who returns to employment covered by the Plan after Normal Retirement Age, or a Plan Office Participant or Guild Office Participant who retires on a Service Pension and returns to covered employment at any age, or a Disability Pensioner shall be entitled to additional Earnings Credit for any earnings, including residuals and/or deferred payments, received after retirement. For benefits earned on and after January 1, 1992, a Pensioner shall be entitled to receive an adjusted pension for such additional Earnings Credit provided he is entitled to a year of Current Service Credit for the Calendar Year in which such earnings were accrued. Effective January 1, 1996, payment of any additional pension benefits based on additional Earnings Credit shall be deferred in accordance with Section 5(f)(1)(ii) of this Article VIII.
c.     An Early Retirement Pensioner who returns to employment covered by the Plan before Normal Retirement Age for a sufficient period to cause a suspension of benefits in accordance with Section 9(a) of this Article shall be entitled to receive an adjusted pension, as follows: Prior to January 1, 1999, the additional benefit shall be calculated in accordance with Article III, Section 3(a)(2) (as in effect on the Pensioner's second Annuity Starting Date) using only the earnings (sessions and residuals) and Pension Credit earned during the months of suspension. On and after January 1, 1999, the additional benefit shall be calculated in accordance with Article III, Section 3(a)(2) (as in effect on the Pensioner's second Annuity Starting Date) using the earnings (sessions and residuals) and Pension Credit earned during the Calendar Year in which the benefit was suspended, and subsequent to the Pensioner's initial Annuity Starting Date. There is no reduction for age.
d.    If a Participant received pension payment to which he was not entitled in accordance with Section 9 of this Article, the Trustees may recover the amount of such payments by deducting the amount of the overpayments from the Participant's future monthly payments until such overpayment is fully recovered. If a Participant has attained Normal Retirement Age, the amount of such offset shall be limited to 100% of the amount due to the Participant for the first payment upon resumption of benefits and 20% of the monthly pension benefit thereafter, until all overpayments are fully recovered. This provision shall not limit the right of the Trustees to recover an overpayment by means other than deduction from the pension.
e.    A Disability Pensioner who recovers from his total disability and returns to employment covered by the Plan shall be entitled, upon his subsequent retirement, to a pension in an amount calculated at the amount payable under the applicable provision of Article III at the time of his subsequent retirement, including any additional Earnings Credit earned during his period of subsequent employment.

Section 11. Nonforfeitability and Vested Status.

A pension benefit to which a Participant is entitled under this Plan upon his attainment of Normal Retirement Age is nonforfeitable subject, however, to retroactive amendment made within the limitations of Section 411(a)(3)(C) of the Internal Revenue Code and Section 302(c)(8) of ERISA. The benefits to which a surviving spouse is entitled shall likewise be nonforfeitable. Participants and Beneficiaries shall be entitled to any of the other benefits of this Plan subject to all of the applicable terms and conditions.
A Participant attains vested status when he has fulfilled service requirements for receipt after Normal Retirement Age and retirement of a nonforfeitable pension.

Section 12. Incompetence, Incapacity or Minority of a Pensioner.

a.    In the event that it is determined to the satisfaction of the Plan Trustees that a Pensioner is unable to care for his affairs because of mental or physical incapacity, any payment due may be applied in the discretion of the Plan Trustees to the maintenance and support of such Pensioner in the manner decided by the Plan Trustees (except that no payment shall be made to a governmental institution or facility if the Pensioner is not legally required to pay for his care and maintenance), unless prior to such payment, claim shall have been made for such payment by a legally appointed guardian, committee or other legally appointed representative.
b.    In the event that a Plan distribution is to be made to a minor, the Plan Trustees may in their discretion direct the payment of such distribution to the legal guardian of the minor (or, if none, to a parent of the minor, a responsible adult with whom the minor resides, or the custodian for the minor under the Uniform Gift to Minors Act, if permitted by state law). Such payment will discharge the Plan Trustees and the Plan from further liability with respect thereto.

Section 13. Non-Assignment of Benefit.

Each Participant or Pensioner under the Pension Plan is hereby restrained from selling, transferring, anticipating, assigning, hypothecating or otherwise disposing of his Pension, prospective Pension, Death Benefits, or any other rights or interests under the Plan, and the Plan Trustees shall not recognize, or be required to recognize, any such sale, transfer, anticipation, assignment, hypothecation or other disposition. Any such prospective Pension, Death Benefit, right or interest shall not be subject in any manner to voluntary transfer or transfer by operation of law or otherwise, and shall be exempt from the claims of creditors or other claimants and from all orders, decrees, garnishments, executions or other legal or equitable process or proceedings to the fullest extent permissible by law. Notwithstanding the foregoing, benefits shall be paid in accordance with the applicable requirements of any "qualified domestic relations order" as defined by Section 206(d)(3) of ERISA.

Section 14. Trust Assets.

Neither any Producer, SAG, any Participant nor any Pensioner under the Plan nor any other person shall have any right, title or interest in or to the Pension Fund other than as specifically provided in the Trust Agreement or in the Plan. Neither the Pension Fund nor any contributions to the Pension Fund shall be in any manner liable for or subject to the debts, contracts or liabilities of any Producer, SAG, any Participant nor any Pensioner.

Section 15. No Right to Assets.

No person other than the Trustees of the Pension Fund shall have any right, title or interest in any of the income, or property of any funds received or held by or for the account of the Pension Fund, and no person shall have any vested right to benefits provided by the Pension Plan except as expressly provided herein.

Section 16. Maximum Limitations.

a.    General Rule.
1.    Except as provided in subsection (c), and notwithstanding any other provision of this Plan, the annual accrued benefit shall not exceed the lesser of:
A.    $160,000
B.    100% of the Participant's average annual compensation during the three highest consecutive calendar years of participation. For purposes of this paragraph, the term "compensation" means compensation within the meaning of Internal Revenue Code §415(c)(3) and regulations and rulings thereunder.
2.    This limit shall not apply to any benefits payable in a year and attributable to the Employer that do not exceed $1,000 a year for each calendar year in which the participant earns a Pension Credit with Employer, up to a maximum of $10,000. This subsection (2) shall not apply if the Participant has also been covered by an individual account plan to which the Employer contributed on his behalf, and such plan was maintained as a result of collective bargaining involving the same employee representative as this Plan.
3.     
A.    The $160,000 limit in subsection (a)(1)(A) is increased annually in accordance with IRS rulings and regulations under Code§415 (d).
B.    Benefit payments that are limited by this Section shall be increased annually to the level permitted by the limitations of this Section as adjusted for later years in accordance with this subsection, but in no event to a level higher than the benefits attributable to Pension Credits earned by the Participant.
4.    The benefit under this Plan considered as payable with respect to a Participant and an Employer shall equal the excess of the benefit over the benefit computed as if the Participant had no covered service with the Employer, which shall be determined by multiplying the Participant's total benefit by the ratio of covered service with the Employer to total covered service.
b.    Adjustment of Dollar Limit for Early or Late Retirement.
1.    If a Participant's benefit payments begin prior to age 62, the dollar limit under subsection (a)(1)(A) is reduced to the Actuarial Equivalent of the benefit payable at age 62.
2.    If a Participant's benefit payments begin after age 65, the dollar limit under subsection (a)(1)(A) is increased to the Actuarial Equivalent of the dollar limit otherwise payable at age 65.
3.    For purposes of this Section 16(b), the Actuarial Equivalent shall be based on the following actuarial assumptions:
A.    For distributions occurring before January 1, 2000, the Actuarial Equivalent is based on a 5 percent interest assumption and the 1983 Group Annuity Mortality Table for Males.
B.    For distributions occurring on or after January 1, 2000, the Actuarial Equivalent is based on a 5 percent interest assumption and the mortality table prescribed by the Secretary of the Treasury that is based on prevailing commissioners' standard table (described in Code Section 807(d)(5) (A)) used to determine reserves for group annuity contracts issued on the date of distribution, that is prescribed by the Commissioner in revenue rulings, notices, or other guidance published in the Internal Revenue Bulletin.
4.    For purposes of Section 16(b)(2), the Actuarial Equivalent shall be based on a 5 percent interest assumption, with no adjustment for mortality.
c.    Adjustment for Optional Payment Form.
1.    The dollar limitation in subsection (a)(1)(A) (as otherwise modified under this Section) is reduced by the Actuarial Equivalent of payments that will be made after the Participant's death under Article V, Section 1. If the Participant's accrued benefit is paid in an alternate payment form other than a 50% Joint and Survivor Pension the limitation as so reduced is applied to the accrued benefit before it is converted to the alternative payment form, so that the amount payable under the payment form selected will be the Actuarial quivalent of the amount determined under the preceding sentence.
2.    For purposes of this Section 16(c), the Actuarial Equivalent shall be determined as follows:
A.    For distributions occurring before January 1, 2000, the Actuarial Equivalent is based on a 5 percent interest assumption and the 1983 Group Annuity Mortality Table blended 80% Male and 20% Female.
B.    For distributions occurring on or after January 1, 2000, and before January 1, 2008, the Actuarial Equivalent is based on a 5 percent interest assumption and the table prescribed by the Secretary of the Treasury that is based on the prevailing commissioners' standard table (described in Code Section 807(d)(5)(A)) used to determine reserves for group annuity contracts issued on the date of distribution, that is prescribed by the Commissioner in revenue rulings, notices, or other guidance published in the Internal Revenue Bulletin. Solely for the purpose of distributions occurring in 2004 and 2005, "5 percent interest" shall be replaced by "5.5 percent interest" in the preceding sentence with respect to an optional form of payment that is subject to Internal Revenue Code Section 417(e)(3).
C.    For distributions occurring on or after January 1, 2008, the Actuarial Equivalent for an optional payment form that is not subject to Internal Revenue Code Section 417(e)(3) shall be the same as described in subsection (c)(2) (B) above. For optional forms of payment that are subject to Internal Revenue Code Section 417(e)(3), the Actuarial Equivalent shall be the greater of (i) the amount based on 5.5 percent interest and the mortality table described in subsection (c)(2)(B) or (ii) the amount based
on the applicable interest rate for the distribution under Internal Revenue Code regulation 1.417(e)-1(d)(3) and the mortality table described in subsection (c)(2)(B), divided by 1.05.
d.    Plan Aggregation.
1.    In applying the limits of this Section, the benefits of all other defined benefit retirement plans sponsored by the Employer shall be taken into consideration, except for multiemployer plans.
2.    Except as noted in subsection (1), all defined benefit plans sponsored by the Employer are treated as a single plan. Benefits payable under any other such plan with respect to a Participant shall be reduced to the extent possible before any reduction will be made in his benefits payable under this plan, if necessary, to observe these limits.
e.    Phase-In Over Years of Participation. If a Participant has fewer than 10 years of participation in this Plan, the dollar limitation in subsection (a)(1)(A) shall be multiplied by a fraction, the numerator of which is the Participant's total years and fractional years of participation in this Plan and the denominator of which is 10. The limitation thus obtained shall not be less than 10% of the dollar limitation.
f.    Limitation Year. The annual limits of this Section shall be applied on a calendar year basis. 
g.    Interpretation or Definition of other Terms. The term "Employer" and other terms used in this Section that are not otherwise expressly defined in the Plan, shall be defined, interpreted and applied as prescribed in Code §415 and regulations and rulings thereunder.

Section 17. Mergers.

This Pension Plan may not merge or consolidate with, or transfer its assets or liabilities to, any other plan unless each Participant in the Plan would (if the Plan then terminated) receive a benefit immediately after the merger, consolidation, or transfer which is equal to or greater than the benefit he would have been entitled to receive immediately before the merger, consolidation, or transfer (if the Plan had then terminated). This Section shall apply only to the extent determined by the Pension Benefit Guaranty Corporation.

Section 18. Compensation Limit.

a.    Between January 1, 1989 and January 1, 1997. In addition to any other applicable limitations which may be set forth in the Plan and notwithstanding any other contrary provisions of the Plan, the amount of a Participant's compensation from any single Employer that may be taken into account under the Plan shall not exceed the $200,000 limit as set forth in Section 401(a)(17) of the Code, adjusted for changes in the cost of living as provided in section 415(d) of the Code. 
b.    On and After January 1, 1997. In addition to other applicable limitations set forth in the Plan, and not withstanding any other provision of the Plan to the contrary, for Plan Years beginning on or after January 1, 1997, the amount of a Participant's annual compensation from any single Employer that may be taken into account under the Plan shall not exceed the OBRA'93 annual compensation limit. The OBRA'93 annual compensation limit is $150,000, as adjusted by the Commissioner for increases in the cost of living in accordance with Section 401(a) (17)(B) of the Internal Revenue Code. The cost-of-living adjustment in effect for a calendar year applies to any period, not exceeding 12 months, over which compensation is determined (determination period) beginning in such calendar year. If a determination period consists of fewer than 12 months, the OBRA'93 annual compensation limit will be multiplied by a fraction, the numerator of which is the number of months in the determination period, and the denominator of which is 12. For Plan Years beginning on or after January 1, 1997, any reference in this Plan to the limitation under Section 401(a)(17) of the Code shall mean the OBRA'93 annual compensation limit set forth in this provision.
c.    Notwithstanding any other provision of the Plan, effective as of January 1, 1997, the accrued benefit determined under Article III, Sections 3(a)(2)(ii) and 3(b)(2)(ii) of any Participant whose compensation from any single Employer exceeded $150,000 in any Calendar Year beginning before January 1, 1997 shall be the greater of (i) the Participant's accrued benefit, determined under Article III, Sections 3(a)(2)(ii) and 3(b)(2)(ii), taking into account all years of service before and after January 1, 1997, and applying the OBRA'93 annual compensation limit to each year, and (ii) the Participant's accrued benefit calculated pursuant to the method described below: 

Step 1:
Calculate the Participant's accrued benefit as of December 31, 1996, determined underArticle III, Sections 3(a)(2)(ii) and 3(b)(2)(ii) as though the Participant had terminated employment on that date and without regard to any Plan amendments adopted after that date (but taking into account remedial amendments that apply retroactively before that date under Code § 401(b)).

Step 2:
Calculate the OBRA'93 compensation adjustment fraction, the numerator of which is the Participant's average compensation determined for the current Calendar Year (as limited by Code §401(a)(17)), using the definition and compensation formula in effect as of December 31, 1996, and the denominator of which is the Participant's average compensation as of December 31, 1996, using the definition and compensation formula in effect as of that date. If the OBRA'93 compensation adjustment fraction is greater than 1, adjust the amount in Step 1 by multiplying it by this fraction. If the OBRA'93 compensation adjustment fraction is less than or equal to 1, do not change the amount determined in Step 1.

Step 3: 
Calculate the amount of the Participant's benefit accrued on and after January 1, 1997, determined under Article III, Sections 3(a)(2)(ii) and 3(b)(2)(ii), taking into account only years of service after December 31, 1996.

Step 4: 
Add the amounts determined in Step 2 and Step 3.

d.    Benefit Payments On and After January 1, 2002.
1.    For any pension benefit payments made on or after January 1, 2002, the accrued benefit determined under Article III, Sections 3(a)(2)(ii) and 3(b)(2)(ii) of any Participant whose compensation from any single Employer exceeds $150,000 in any Calendar Year beginning after December 31, 1996, shall be determined by applying an annual compensation limit of $200,000, as set forth in Section 401(a)(17) of the Code, for each such year. For this purpose, the numerator described in Step 2 of Section 18 (c) above and the accrued benefit earned on and after January 1, 1997 described in Step 3 of Section 18(c) above shall be calculated by taking into account in the $200,000 annual compensation limit.
2.    For any pension benefit payments made on or after January 1, 2002, the annual compensation taken into account for determining the annual benefit accrued for each of Current Service Credit earned after December 31, 2001 under Article III, Sections 3(a)(2)(i) and 3(b)(2)(i) shall not exceed $200,00, as set forth in Section 401(a)(17) of the Code.
3.    The $200,000 limit on annual compensation described in paragraphs (1) and (2) shall be adjusted for cost-of living increases in accordance with Section 401(a)(17)(B) of the Code. The cost-of-living adjustment in effect for a calendar year applies to any period, not exceeding 12 months, over which compensation is determined (determination period) beginning in such calendar year. If a determination period consists of fewer than 12 months, the annual compensation limit will be multiplied by a fraction, the numerator of which is the number of months in the determination period, and the denominator of which is 12.
e.    The compensation limits described in this Section shall be applied on an Employer-by-Employer basis.
f.    For purposes of this Section, the term "compensation" means, wages salaries, and fees for professional services and other amounts received from the Employer during the Limitation Year (without regard to whether or not an amount is paid in cash) for personal services actually rendered in the course of employment with the Employer, to the extent such amounts are includible in gross income, including, but not limited to, overtime pay, tips, bonuses, commissions to paid salesmen, compensation for services on the basis of a percentage of profits, commissions on insurance premiums, fringe benefits, employee elective deferrals under Internal Revenue Code §415(c)(3)(D), amounts included in compensation under Internal Revenue Code §457(a) and expense allowances, and excluding the amounts contributed by the Employer on behalf of the Employee pursuant to a salary deferral agreement under this Plan or any other cash or deferred arrangement described in Internal Revenue Code §402(g)(3), to any salary reduction agreement pursuant to a cafeteria plan established under Internal Revenue Code §125, or to any other plan of deferred compensation, and which are not includible in the Employee's gross income for the taxable year in which contributed, or any distributions from a plan of deferred compensation.

For purposes of applying the limitations of this Section, the term "compensation" means the compensation actually paid or includible in the Employee's gross income for the Limitation Year. Compensation shall also include amounts deferred under Internal Revenue Code §125, 401(k) and 403(b), and any elective amounts that are not includible in the gross income of the Employee by reason of Internal Revenue Code §132(f)(4).

For purposes of determining compensation, amounts included pursuant to Internal Revenue Code §125 shall include amounts not available to an Employee in cash in lieu of group health coverage because the Employee is unable to certify that he or she has other health coverage. An amount will be treated as an amount under Internal Revenue Code §125 only if the Employer does not request or collect information regarding the Employee's other health coverage as part of the enrollment process for the health plan.

Section 19. Qualified Domestic Relations Order.

a.    Benefits which become payable in accordance with a Qualified Domestic Relations Order (QDRO) as defined by Section 206(d)(3) of ERISA, must be paid in one of the following forms of payment. If the form of payment is not specified in the QDRO, the Alternate Payee may elect, in writing on a form acceptable to the Trustees, to receive payment in one of the following forms:
1.    Monthly payments in the amount specified by the QDRO payable for the duration of the Participant's lifetime, with 60 monthly payments guaranteed;
2.    Monthly payments in any optional form described in Article VII, or in Appendix A as applicable to Guild Office Participants, based on the life of the Participant. The monthly payment amount shall be the amount specified in the QDRO, reduced as provided in Article VII, or Appendix A if applicable, for the option elected; or
3.    Monthly payments payable for the duration of the Alternate Payee's lifetime, with 60 monthly payments guaranteed or 120 monthly payments guaranteed (Ten-Year Certain Option). The monthly payment amount specified by the QDRO shall be the actuarial equivalent based on the ages of the Participant and Alternate Payee on the date payments are to commence. Election or revocation may not be made or altered after payment of the pension has commenced. If the Alternate Payee fails to elect the form of benefits, benefit payments shall be made in accordance with paragraph (a)(1) of this Section 19.
b.    If specified in the QDRO, the Alternate Payee may elect to receive benefits commencing at a date on or after the earliest date the Participant could begin receiving benefits. In the event the Alternate Payee receives benefits commencing prior to the commencement of benefits for the Participant, the amount of benefit payable to the Alternate Payee shall be equal to the Alternate Payee's share as specified in the QDRO of the Participant's Regular Pension amount, reduced by 1/2 of 1% for each month by which the Participant is younger than 65 when the Alternate Payee's benefits commence.
c.    For purposes of this section, for benefit payments commencing prior to January 1, 2001, the term "actuarial equivalent" means of equal actuarial value using the 1983 Group Annuity Mortality Tables blended 80% male and 20% female for the Participant and 20% male and 80% female for the Alternate Payee. The interest rate shall be the rate or rates promulgated by the Pension Benefit Guaranty Corporation effective for January of the year in which payments commence, for the valuation of immediate annuities in terminated single employer pension plans. For benefit payments commencing on or after January 1, 2001, the term actuarial equivalent means of equal actuarial value using the 1971 Group Annuity Mortality Table for males, blended 60% with no set back and 40% set back seven years for the Participant and blended 40% with no set back and 60% set back seven years for the Alternate Payee. The interest rate shall be 7.0% per annum.
d.    If a Participant dies before benefits have commenced to an Alternate Payee and the Participant and the Alternate Payee were married for at least one (1) year, to the extent the QDRO so specifies, the Alternate Payee shall be treated as a Qualified Spouse under the Pre-Retirement 50% Joint and Survivor Pension described in Section 4 of Article IVand the Alternate Payee's benefits shall be paid as monthly payments in the amount specified in the QDRO for the duration of the Alternate Payee's lifetime calculated as if the Participant had retired on a 50% Joint and Survivor Pension on the day before his death.
e.    A Same-Sex Domestic Partner shall not be considered a Qualified Spouse for purposes of this Section.

Section 20. Direct Rollovers.

This section applies to 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 Article, a distributee may elect, at the time and in the manner prescribed by the Plan administrator, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover.
a.    Eligible rollover distribution. An eligible rollover 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: any distribution that is one of a series of substantially equal periodic payments (not less 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 designated Beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under Section 401(a)(9) of the Code; and 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).
b.    Eligible retirement plan: An eligible retirement plan is an individual retirement account described in Section 408(a) of the Code, an individual retirement annuity described in 408(b) of the Code, an annuity plan described in Section 403(a) of the Code, a plan described under Section 403(b) or 457 of the Code, or a qualified trust described in Section 401(a) of the Code that accepts the distributee's eligible rollover distribution.
c.    Distributee: A distributee includes an Employee or former Employee. In addition, the Employee's or former Employee's surviving spouse and the Employee's or former Employee's spouse or former spouse who is the alternate payee under a Qualified Domestic Relations Order, as defined in Section 414(p) of the Code, are distributees with regard to the interest of the spouse or former spouse.
d.    Direct Rollover: A direct rollover is a payment by the Plan to the eligible retirement plan specified by the distributee.
e.    Nonspouse Beneficiaries. Notwithstanding the above, effective for distributions after December 31, 2006, a nonspouse beneficiary may elect to have all or a specified portion of an eligible rollover distribution paid directly to an individual retirement account or individual retirement annuity established for the purpose of receiving such distribution as an inherited individual retirement account or annuity, in accordance with the Pension Protection At of 2006 and applicable rules and regulations.

Section 21. Minimum Distribution Requirements.

a.    General Rules
1.    Effective Date. The provisions of this section will apply for purposes of determining required minimum distributions for calendar years beginning with the 2003 calendar year.
2.    Precedence. The requirements of this Section 21 will take precedence over any inconsistent provisions of the Plan.
3.    Requirements of Treasury Regulations Incorporated. All distributions required under this article will be determined and made in accordance with the Treasury regulations under section 401(a)(9) of the Internal Revenue Code.
4.    TEFRA Section 242(b)(2) Elections. Notwithstanding the other provisions of this article, other than Section 21(a)(3) of this Article VIII, distributions may be made under a designation made before January 1, 1984, in accordance with section 242(b)(2) of the Tax Equity and Fiscal Responsibility Act (TEFRA) and the provisions of the plan that relate to section 242(b)(2) of TEFRA.
5.    References. All references to paragraphs in Section 21 shall refer to Section 21 of Article VIII.
b.    Time and Manner of Distribution.
1.    Required Beginning Date. The Participant's entire interest will be distributed, or begin to be distributed, to the Participant no later than the Participant's Required Beginning Date.
2.    Death of Participant Before Distributions Begin. If the Participant dies before distributions begin, the Participant's entire interest will be distributed, or begin to be distributed, no later than as follows:
A.    If the Participant's surviving spouse is the Participant's sole designated beneficiary, then except as provided in the Plan, distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the Participant died, or by December 31 of the calendar year in which the Participant would have attained age 70½, if later.
B.    If the Participant's surviving spouse is not the Participant's sole designated beneficiary, then, except as provided in the Plan, distributions to the designated beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the Participant died.
C.    If there is no designated beneficiary as of September 30 of the year following the year of the Participant's death, the Participant's entire interest will be distributed
by December 31 of the calendar year containing the fifth anniversary of the Participant's death.
D.    If the Participant's surviving spouse is the Participant's sole designated beneficiary and the surviving spouse dies after the Participant but before distributions to the surviving spouse begin, this Section 21(b)(2), other than Section 21(b)(2)(A), will apply as if the surviving spouse were the Participant.

For purposes of this Section 21(b)(2) and Section 21(e), distributions are considered to begin on the Participant's Required Beginning Date (or, if Section 21(b)(2)(D) applies, the date distributions are required to begin to the surviving spouse under Section 21(b)(2)(A)). If annuity payments irrevocably commence to the Participant before the Participant's Required Beginning Date (or to the Participant's surviving spouse the date distributions are required to begin to the surviving spouse under Section 21(b)(2)(A)), the date distributions are considered to begin is the date distributions actually commence.
3.    Form of Distribution. Unless the Participant's interest is distributed in the form of an annuity purchased from an insurance company or in a single sum on or before the Required Beginning Date, as of the first distribution calendar year, distributions will be made in accordance with paragraphs (c), (d) and (e) of this Section 21. If the Participant's interest is distributed in the form of an annuity purchased from an insurance company, distributions thereunder will be made in accordance with the requirements of section 401(a)(9) of the Code and the Treasury regulations. Any part of the Participant's interest which is in the form of an individual account described in section 414(k) of the Code will be distributed in a manner satisfying the requirements of Section 401(a) (9) of the Code and the Treasury regulations that apply to individual accounts.
c.    Determination of Amount to Distributed Each Year.
1.    General Annuity Requirements. If the Participant's interest is paid in the form of annuity distributions under the Plan, payments under the annuity will satisfy the following requirements:
A.    the annuity distributions will be paid in periodic payments made at intervals not longer than one year;
B.    the distributions period will be over a life (or lives) or over a period certain not longer than the period described in Section 21(d) or (e);
C.    once payments have begun over a period certain, the period certain will not be changed even if the period certain is shorter than the maximum permitted;
D.    payments will either be non-increasing or increase only as follows:
i.    by an annual percentage increase that does not exceed the annual percentage increase in a cost-of living index that is based on prices of all and issued by the Bureau of Labor Statistics;
ii.    to the extent of the reduction in the amount of the Participant's payments to provided for a survivor benefit upon death, but only if the beneficiary whose life was being used to determine the distribution period described in Section 21(d) dies or is no longer the Participant's beneficiary pursuant to a qualified domestic relations
order within the meaning of Section 414(p);
iii.    to provide cash refunds of employee contributions upon the Participant's death; or
iv.    to pay increased benefits that result from a plan amendment.
2.    Amount Required to be Distributed by Required Beginning Date. The amount that must be distributed on or before the Participant's Required Beginning Date (or, if the Participant dies before distributions begin, the date distributions are required to begin under Section 21(b)(2)(A) or (B)) is the payment that is required for one payment interval. The second payment need not be made until the end of the next payment interval even if that payment interval ends in the next calendar year. Payment intervals are the periods for which payments are received, e.g., bi-monthly, monthly, semi-annually or annually. All of the Participant's benefit accruals as of the last day of the first distribution calendar year will be included in the calculation of the amount of the annuity payments for payment intervals ending on or after the Participant's required beginning date.
3.    Additional Accruals After First Distribution Calendar Year. Any additional benefits accruing to the Participant in a calendar year after the first distribution calendar year will be distributed beginning with first payment interval ending in the calendar year immediately following the calendar year in which such amount accrues.
d.    Requirements For Annuity Distributions That Commence During Participant's Lifetime. Notwhithstanding any other provisions of the Plan, benefits from the Plan shall be payable in one of the forms of payment specified in Articles IV and VII.
1.    Joint Life Annuities Where the Beneficiary Is Not Participant's Spouse. If the Participant's interest is being distributed in the form of a joint and survivor annuity for the joint lives of the Participant and a non-spouse beneficiary, annuity payments to be made on or after the Participant's Required Beginning Date to the designated beneficiary after the Participant's death must not at any time exceed the applicable percentage of the annuity payment for such period that would have been payable to the Participant using the table set forth in Q&A-2 of section 1.401(a)(9)-6T of the Treasury regulations. If the form of distribution combines a joint and survivor annuity for the joint lives of the Participant and a non-spouse beneficiary and a period certain annuity, the requirement in the preceding sentence will apply to annuity payments to be made to the designed beneficiary after the expiration of the period certain.
2.    Period Certain Annuities. Unless the Participant's spouse is the sole designated beneficiary and the form of distribution is a period certain and no life annuity, the period certain for an annuity distribution commencing during the Participant's lifetime may not exceed the applicable distribution period for the Participant under the Uniform Lifetime Table set forth in section 1.401(a)(9)-9 of the Treasury regulations for the calendar year that contains the annuity starting date. If the annuity starting date preceded the year in which the Participant reaches age 70, the applicable distribution period for the Participant is the distribution period for age 70 under Uniform Lifetime Table set forth in section 1.401(a)(9)-9 of the Treasury regulations plus the excess of 70 over the age of the Participant as of the Participant's birthday in the year that contains the annuity starting date. If the Participant's spouse is the Participant's sole designated beneficiary and the form of distribution is a period certain and no life annuity, the period certain may not exceed the longer of the Participant's applicable distribution period, as determined under this Section 21(d)(2), or the joint life and last survivor expectancy of the Participant and the Participant's spouse as determined under the Joint and Last Survivor Table set forth in section 1.401(a)(9)-9 of the Treasury regulations, using the Participant's and spouse's attained ages as of the Participant's and spouse's birthdays in the calendar year that contains the annuity starting date.
e.    Requirements For Minimum Distribution Where Participant Dies Before Date Distributions Begin.
1.    Participant Survived by Designated Beneficiary. Except as provided in the adoption agreement, if the Participant dies before the date distribution of his or her interest begins and there is a designated beneficiary, the Participant's entire interest will be distributed, beginning no later than the time described in Section 21(b)(2)(A) or (B), over the life of the designated beneficiary or over a period certain not exceeding:
a.    unless the annuity starting date is before the first distribution calendar year, the life expectancy of the designated beneficiary determined using the beneficiary's age as of the beneficiary's birthday in the calendar year immediately following the calendar year of the Participant's death; or
b.    if the annuity starting date is before the first distribution calendar year, the life expectancy of the designated beneficiary determined using the beneficiary's age as of the beneficiary's birthday in the calendar year that contains the annuity starting date.
2.    No Designated Beneficiary. If the Participant dies before the date distributions begin and there is no designated beneficiary as of September 30 of the year following the year of the Participant's death, distribution of the Participant's entire interest will be completed by December 31 of the calendar year containing the fifth anniversary of the Participant's death.
3.    Death of Surviving Spouse Before Distributions to Surviving Spouse Begin. If the Participant dies before the date distribution of his or her interest begins, the Participant's surviving spouse is the Participant's sole designated beneficiary, and the surviving spouse dies before distributions to the surviving spouse begin, this Section 21(e) will apply as if the surviving spouse were the Participant, except that the time by which distributions must begin will be determined without regard to Section 21(b)(2)(A).
f.    Definitions.
1.    Designated beneficiary. The individual who is designated as the beneficiary under Section 15 of Article I of the Plan and is the designated beneficiary under section 401(a)(9) of the Internal Revenue Code and section 1.401(a)(9)-1, Q&A-4, of the Treasury regulations.
2.    Distribution calendar year. A calendar year for which a minimum distribution is required. For distributions beginning before the Participant's death, the first distribution calendar year is the calendar year immediately preceding the calendar year which contains the Participant's required beginning date. For distributions beginning after the Participant's death, the first distribution calendar year is the calendar year in which distributions are required to begin pursuant to Section 21(b)(2).
3.    Life expectancy. Life expectancy as computed by use of the Single Life Table in section 1.401(a)(9)-9 of the Treasury regulations. (4) Required Beginning Date. The date specified in Section 5 of Article VIII of the Plan.