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i I 457 Governmentai Plan and Trust QDRO. If the Administrative Services Provider does ("direct rollover"), may roll over all or any portion of not make its determination of the qualified status of his/her distribution to an individual retirement the order within the 18-month determination period, account the Beneficiary establishes for purposes of the Administrative Services Provider will distribute receiving the distribution. In order to be able to roll or will direct the Trustee to distribute the payable over the distribution, the distribution otherwise must amounts in the manner the Plan would distribute if satisfy the definition of an eligible rollover the order did not exist and will apply the order distribution. ' prospectively if the Administrative Services Provider later determines the order is a QDRO. (1) Certain requirements not applicable. Although a non-spouse Beneficiary may roll over To the extent it is not inconsistent with the directly a distribution, commencing with distributions provisions of the QDRO, the Administrative Services after December 31, 2009, the distribution will be Provider may segregate or may direct the Trustee to subject to the direct rollover requirements of Code § segregate the QDRO amount in a segregated 401(a)(31) (including the automatic rollover investment account. The Administrative Services provisions of Code § 401(a)(31)(B)), the notice Provider or Trustee will make any payments or requirements of Code § 402(� and the mandatory distributions required under this Section 4.Q6 by withholding requirements of Code § 3405(c). If a separate benefit checks or other separate distribution non-spouse Beneficiary receives a distribution from to the alternate payee(s). the Plan, the distribution is not eligible for a"60-day" rollover. (D) Permissible QDROs. A domestic relations order that otherwise satisfies the requirements for a (2) Trust Beneficiary. If the participant's qualified domestic relations order ("QDRO") will not named Beneficiary is a trust, the Pian may make a fail to be a QDRO: (i) solely because the order is direct rollover to an individual retirement account on issued after, or revises, another domestic relations behalf of the trust, provided the trust satisfies the order or QDRO; or (ii) solely because of the time at requirements to be a designated beneficiary within which the order is issued, including issuance after the the meaning of Code § 401(a)(9)(E). annuity starting date or after the participant's death. (3) Required minimum distributions not 4.07 DIRECT ROLLOVER OF ELIGIBLE eligible for rollover. A non-spouse Beneficiary may ROLLOVER DISTRIBUTIONS — GOVERN- not roll over an amount which is a required minimum MENTAL PLAN. distribution, as determined under applicable Treasury regulations and other Revenue Service guidance. If (A) Participant Election. A Participant (including the participant dies before his/her required beginning for this purpose, a former Employee) may elect, at date and the non-spouse Beneficiary rolls over to an the time and in the manner the Administrative IItp the maacimum amount eligible for rollover, the Services Provider prescribes, to have any portion of Beneficiary may elect to use either the 5-year rule or his/her eligible rollover distribution from the Plan the life expectancy rule, pursuant to Treas. Reg. § paid directly to an eligible retirement plan specified 1.401(a)(9)-3, A-4(c), in determining the required by the Participant in a direct rollover election. For minimum distributions from the IRA that receives the purposes of this election, a"ParticipanY' includes as non-spouse Beneficiary's distribution. to their respective interests, a Participant's surviving spouse and the Participant's spouse or former spouse (D) Definitions. The following definitions apply to who is an alternate payee under a QDRO. this Section: (B} Rollover and Withholding Notice. At least 30 (1) Eligible rollover distribution. An eligible days and not more than 180 days prior to the rollover distribution is any distribution of all or any Trustee's distribution of an eligible rollover portion of a Participant's Account, except an eligible distribution, the Administrative Services Provider rollover distribution does not include: (a) any must provide a written notice (including a summary distribution which is one of a series of substantially notice as permitted under applicable Treasury equal periodic payments (not less frequently than regulations) explaining to the distributee the rollover annually) made for the life (or life expectancy) of the option, the applicability of mandatory 20% federal Participant ar the joint lives (or joint life withholding to any amount not directly rolled over, expectancies) of the Participant and the Participant's and the recipient's right to roll over within 60 days designated Beneficiary, or for a specified period of after the date of receipt of the distribution ("rollover ten yeazs or more; (b) any Code § 401(a)(9) required notice"). minimum distribution; (c) any unforeseeable emergency distribution; and (d) any distribution (C) Non-spouse Beneficiary rollover right. A non- which otherwise would be an eligible rollover spouse Beneficiary who is a"designated beneficiary" distribution, but where the total distributions to the under Code § 401(a)(9)(E) and the regulations Participant during that calendar year are reasonably thereunder, by a direct trustee-to-trustee transfer expected to be less than $200. � Copyright 2010 SunGard 1/10 11 20