Unforeseeable Emergency Distribution. Upon the Bank’s determination (following petition by the Participant) that the Participant has suffered an unforeseeable emergency as described below, the Bank shall # terminate the then effective deferral election of the Participant to the extent permitted under [Section 409A] of the Code, and # distribute to the Participant all or a portion of the Deferral Account balance as determined by the Bank, but in no event shall the distribution be greater than the amount determined by the Bank that is necessary to satisfy the unforeseeable emergency plus amounts necessary to pay taxes reasonably anticipated as a result of the distribution, after taking into account the extent to which the unforeseeable emergency is or may be relieved through reimbursement or compensation by insurance or otherwise or by liquidation of the Participant’s assets (to the extent the liquidation of assets would not itself cause severe financial hardship); provided, however, that such distribution shall be permitted solely to the extent permitted under [Section 409A] of the Code. For purposes of this Section, “unforeseeable emergency” means a severe financial hardship to the Participant resulting from # an illness or accident of the Participant, the Participant’s spouse or a dependent (as defined in [Section 152(a)] of the Code) of the Participant, # a loss of the Participant’s property due to casualty, or # other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the Participant, each as determined to exist by the Bank.
Unforeseeable Emergency Distribution. Upon the Bank’s determination (following petition by the Participant) that theEmergency. (1) General Provisions. If a Participant has suffered an unforeseeable emergency as described below, the Bank shall # terminate the then effective deferral election of the Participant to the extent permitted under [Section 409A] of the Code, and # distribute to the Participant all orapplies for a portion of the Deferral Account balance as determined by the Bank, but in no event shall the distribution be greater than the amount determined by the Bank that is necessary to satisfy the unforeseeable emergency plus amounts necessary to pay taxes reasonably anticipated as a result of the distribution, after taking into account the extent to which the unforeseeable emergency is or may be relieved through reimbursement or compensation by insurance or otherwise or by liquidation offrom the Participant’s assets (toDeferral Account in the extentevent of an Unforeseeable Emergency (as defined below) and the liquidation of assets would not itself cause severe financial hardship); provided, however,Company determines, in good faith upon reasonable investigation and in its sole discretion, that such Participant has experienced an Unforeseeable Emergency, then the Plan may make a distribution to or for the benefit of Participant from such Accounts. “Unforeseeable Emergency” shall be permitted solely to the extent permitted under [Section 409A] of the Code. For purposes of this Section, “unforeseeable emergency” meansmean a severe financial hardship toof the Participant or beneficiary resulting from # an illness or accident of the Participant,Participant or the beneficiary, the Participant’s or the beneficiary’s spouse, or the Participant’s or the beneficiary’s dependent (as defined in Code Section 152(a)); # loss of the Participant’s or the beneficiary’s property due to casualty (including the need to rebuild a home following damage to the home not otherwise covered by insurance); # imminent foreclosure of or eviction from the Participant’s or the beneficiary’s primary residence; # the need to pay for medical expenses of the Participant or a beneficiary; # the need to pay for funeral expenses of the Participant’s spouse or a dependentdependents (as defined in [SectionCode Section 152(a)] of the Code) of the Participant, # a loss of the Participant’s property due to casualty,); or # other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the Participant,Participant or beneficiary, all as provided in Code Section 409A. Whether a Participant or beneficiary is faced with an Unforeseeable Emergency will determined based on the facts and circumstances of each as determinedcase but, in any case, no distribution will be made to existthe extent that such emergency is or may be relieved # through reimbursement or compensation from insurance or otherwise; # by liquidation of the Bank.Participant’s assets, to the extent the liquidation of such assets would not itself cause severe financial hardship; or # by cessation of deferrals under the Plan. The purchase of a home and payment of college tuition are not Unforeseeable Emergencies.
The Committee in its sole discretion may also permit distribution of the Participant to the extent permitted under [Section 409A] of the Code, and # distribute to the Participant all or a portion of the balance of a Participant’s Deferral Account balance as determined byAccounts to be made following the Bank, but in no eventCommittee’s receipt of written notice that an Unforeseeable Emergency has occurred with respect to such Participant. Such distribution shall the distribution be greater thanlimited to the amount determined by the Bank that isreasonably necessary to satisfy the unforeseeable emergencyneed created by such Unforeseeable Emergency, plus amounts necessaryany applicable taxes. If the Committee approves such an Unforeseeable Emergency distribution, no further Deferrals shall be made with respect to pay taxes reasonably anticipated as a resultsuch Participant following the date of the distribution, after taking into account the extentCommittee’s approval, and each Deferral Agreement to which the unforeseeable emergencysuch Participant is or may be relieved through reimbursement or compensation by insurance or otherwise or by liquidation of the Participant’s assets (to the extent the liquidation of assets would not itself cause severe financial hardship); provided, however, that such distributionthen a party shall be permitted solely toof no further effect. To the extent permitted under [Section 409A]Section 409A of the Code. For purposes of this Section, “unforeseeable emergency” meansCode, a severe financial hardshipParticipant who receives a distribution due to an Unforeseeable Emergency may enter into a new Deferral Agreement in any Plan Year following the Plan Year in which the Participant resulting from # an illness or accident of the Participant, the Participant’s spouse or a dependent (as defined in [Section 152(a)] of the Code) of the Participant, # a loss of the Participant’s property due to casualty, or # other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the Participant, each as determined to exist by the Bank.received such distribution.
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