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457 Governmental Plan and Trust (b) No Desi�nated Beneficiarv. If the the Plan either in the valuation calendar year or in the Participant dies before the date distributions begin distribution calendar year if distributed or transferred and there is no designated Beneficiary as of in the valuation calendar year. September 30 of the year following the year of the � Participant's death, distribution of the Participant's (5) Required beginning date. A Participant's entire interest will be completed by December 31 of required beginning date is the April 1 of the calendar the calendar year containing the fifth anniversary of year foilowing the later of: (1) the calendar year in the Participant's death. which the Participant attains age 70'/z, or (2) the calendaz year in which the Participant retires or such (c) Death of Surviving Spouse Before other date under Code § 401(a)(9) by which required Distributions to Survivin�Spouse Are Required to minimum distributions must commence. Be in. If the Participant dies before the date distributions begin, the Participant's surviving spouse (F) Genera12009 waiver. The requirements of Code is the Participant's sole designated Beneficiary, and § 401(a)(9) and the provisions of the Plan relating the surviving spouse dies before distributions are thereto, will not apply for the distribution calendar required to begin to the surviving spouse under year 2009. Section 4.03(B)(2)(a), this Section 4.03(D)(2) will apply as if the surviving spouse were the Participant. (1) Special rule regarding waiver period. For purposes of Code § 401(a)(9) and the provisions of (E) Definitions the Plan relating thereto: (a) the required beginning date with respect to any individual will be determined (1) Designated Beneficiary. The individual without regard to this Article N for purposes of who is designated as the Beneficiary under the Plan applying Code § 401(a)(9) for distribution calendar and is the designated beneficiary under Code years other than 2009; and (b) if the 5-year rule of §401(a)(9) and Treas. Reg. §1.401(a)(9)-1, Q&A-4. Code § 401(a)(9)(B)(ii) applies, the 5-year period described therein shall be determined without regard (2) Distribution calendar year. A distribution to calendar year 2009. calendar year means a calendar year for which a minimum distribution is required. For distributions (2) Eligible rollover distributions. If all or any beginning before the Participant's death, the first portion of a distribution during 2009 is treated as an distribution calendaz year is the calendar year eligible roilover distribution but would not be so immediately preceding the calendar year which treated if the minimum distribution requirements contains the Participant's required beginning date. under Code § 401(a)(9) had applied during 2009, For distributions beginning after the Participant's then the Plan will not treat such distribution as an death, the first distribution calendar year is the eligible rollover distribution for purposes of the direct calendar year in which the distributions are required rollover rules of Code § 401(ax31), the notice to begin under Section 4.03(B)(2). The required requirements of Code §402(fl, or the 20% minimum distribution for the Participant's first withhoiding requirement of Code §3405(c). distribution calendar year will be made on or before the Participant's required beginning date. The (3) Participant may elect. The Plan will permit required minimum distribution for other distribution an affected Participant to elect whether to receive calendar years, including the required minimum his/her RMD distribution for 2009. If the Participant distribution for the distribution calendar year in fails to notify the Administrative Services Provider of which the Participant's required beginning date his/her waiver, the Plan wili distribute the 2009 RMD occurs, will be made on or before December 31 of to the Participant. that distribution calendar year. 4.04 DEATH BENEFITS. Upon the death of (3) Life expectancy. Life expectancy as the Participant, the Administrative Services Provider computed by use of the Single Life Table in Treas. must pay or direct the Trustee to pay the Participant's Reg. §1.401(a)(9)-9. Account in accordance with Section 4.03. Subject to Section 4.03, a Beneficiary may elect the timing and (4) Participant's account balance. The method of payment in the same manner as a account balance as of the last valuation date in the Participant may elect under Section 4.02, if such calendar year immediately preceding the distribution elections apply. calendar year (valuation calendar year) increased by the amount of any contributions made and allocated In the case of a death occurring on or after or forfeitures allocated to the account balance as of January 1, 2007, if a participant dies while dates in the valuation calendar year after the performing qualified military service (as defined in valuation date and decreased by distributions made in Code § 414(u)), the survivors of the Participant are i the valuation calendar yeaz after the valuation date. entitled to any additional benefits (other than benefit The account balance for the valuation calendar year accruals relating to the period of qualified military includes any Rollover Contributions or Transfers to service) provided under the Plan as if the participant OO Copyright 2010 SunGard 1/10 9 18