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Alternative Payees in Event of Incapacity
Alternative Payees in Event of Incapacity contract clause examples

Alternative Payees in Event of Incapacity. If the Committee finds at any time that an individual qualifying for benefits under this Plan is a minor or is incompetent, the Committee may direct the benefits to be paid, in the case of a minor, to his or her parents, his or her legal guardian, or a custodian for him under the Uniform Gifts to Minors Act, or, in the case of an incompetent, to his or her spouse, or his or her legal guardian, the payments to be used for the individual’s benefit. The Committee and the Trustee shall not be obligated to inquire as to the actual use of the funds by the person receiving them under this Section 12.10, and any such payment shall completely discharge the obligations of the Plan, the Trustee, the Committee, and the Employers to the extent of the payment.

If the Committee shall find that any person to whom any amount is payable under this Plan is unable to care for his affairs because of illness or accident, or is a minor, any payment due (unless a prior claim therefor shall have been made by a duly appointed guardian, committee or other legal representative) may be paid to the spouse, a child, a parent, or a brother or sister, or to any person deemed by the Committee to have incurred expense for such person otherwise entitled to payment, in such manner and proportions as the Committee may determine. The Committee may require proof of minority, incompetence, incapacity or guardianship, as it may deem appropriate prior to distribution of the benefit. Any such payment shall be a complete discharge of the liabilities of the Company under this Plan.

In the event a payment is to be made to the account of a minor or a person declared to be incompetent, then the Committee may in its discretion make such payment to the legal guardian or, if none, to a parent of a minor with whom the minor maintains his residence. Such a payment to the legal guardian or parent of a minor shall fully discharge the Company and Committee from further liability or account thereof In the event a benefit is payable under this Plan to a person who cannot be located, the Committee may declare that such payment is forfeited.

18.1Payment in the Event of Legal Disability. Payments to any Participant, Beneficiary, or Alternate Payee shall be made to the recipient entitled thereto in person or upon such person’s personal receipt, in form satisfactory to the Committee, except when the recipient entitled thereto shall be under a legal incapacity (e.g., minority or adjudicated incompetency) or, in the sole judgment of the Committee, shall otherwise be unable to apply such payment in furtherance of such person’s own interest and advantage. The Committee may, in such event, in its sole discretion, direct all or any portion of such payments to be made in any one or more of the following ways: # to such person directly, # to the guardian of such person or such person’s estate, # to a relative or friend of such person, to be expended for such person’s benefit, or # to a custodian for such person under any Uniform Gifts to Minors Act. The decision of the Committee, in each case, shall be final, binding, and conclusive upon all persons. The Committee shall not be obliged to see to the proper application or expenditure of any payment so made. Any payment made pursuant to the power herein conferred upon the Committee shall operate as a complete discharge of all obligations of the Plan, the Trust Fund, the Affiliated Companies, the Committee, the Trustee and any other person, to the extent of the distributions so made.

If the Committee determines that a Participant or Beneficiary entitled to receive a payment under this Plan is (at the time such payment is to be made) a minor or physically, mentally or legally incompetent to receive such payment and that another person or an institution has legal custody of such minor or incompetent individual, the Committee may cause payment to be made to such person or institution having custody of such Participant or Beneficiary. Such payment, to the extent made, shall operate as a complete discharge of obligation by the Committee, the Company, the Trustee and the Trust.

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