Comcast 2012 Annual Report Download - page 205

(2) such instrument acknowledges the effect of the election to which the Spouse’s consent is being given; and
(3) such instrument is witnessed by a Plan representative or notary public;
(b) the Participant:
(1) establishes to the satisfaction of the Committee that his spouse cannot be located; or
(2) furnishes a court order to the Committee establishing that the Participant is legally separated or has been
abandoned (within the meaning of local law), unless a qualified domestic relations order pertaining to such Participant provides that the spouse’s
consent must be obtained; or
(c) the spouse has previously given consent in accordance with this Section and consented to the Participant’s right to
designate any beneficiary without further consent by the spouse.
The consent of a spouse in accordance with this Section 5.11.3 shall not be effective with respect to other spouses of the Participant prior to the
Participant’s Benefit Commencement Date, and an election to which Section 5.11.3(b) applies shall become void if the circumstances causing the
consent of the spouse not to be required no longer exist prior to the Participant’s Benefit Commencement Date. For purposes of this
Section 5.11.3, the term “spouse” shall include an individual of the same sex as the Participant, provided that the Participant and such other
individual are legally married pursuant to applicable law of a state or other jurisdiction, and the state or other jurisdiction in which the Participant
resides recognizes Participant and such other individual as spouses of each other.
5.11.4. If a Participant has no beneficiary under Section 5.11.1 or Section 5.11.3, if the Participant’s beneficiary(ies)
predecease the Participant, or if the beneficiary(ies) cannot be located by the Committee, the interest of the deceased Participant shall be paid to
the Participant’s surviving spouse, or if no spouse survives the Participant, to the personal representative of the Participant’s estate.
Section 5.12. Recalculation of Life Expectancy . If a Participant’s Account is payable over the life expectancy of the Participant and/or his
spouse and/or another beneficiary, the determination of whether such life expectancy shall be recalculated, in accordance with regulations issued
under section 401(a)(9) of the Code, shall be made as follows:
5.12.1. If the Account is payable over the life expectancy of the Participant or the joint and survivor life expectancy of the
Participant and his spouse, the Participant shall elect, on a form supplied by the Committee, whether or not such life expectancy shall be
recalculated.
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