ADP 2008 Annual Report Download - page 94

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6.4 Notice. Any notice required or permitted to be made under the Plan shall be sufficient if in writing and hand delivered, or sent by
registered or certified mail, to (a) in the case of notice to the Company or the Committee, the principal office of the Company, directed to the
attention of the Secretary of the Committee, and (b) in the case of a Participant, such Participant’ s home or business address maintained in the
Company’ s personnel records. Such notice shall be deemed given as of the date of delivery or, if delivery is made by mail, as of the date shown
on the postmark or on the receipt for registration or certification.
6.5 Validity. In the event any provision of this Plan is held invalid, void or unenforceable, the same shall not affect, in any respect
whatsoever, the validity of any other provision of this Plan.
6.6 Applicable Law. This Plan shall be governed and construed in accordance with the laws of the State of New Jersey, without regard to
such state’ s choice of law rules.
ARTICLE VII
SURVIVOR BENEFITS
7.1 Qualification and General Election.
(a) Qualification. In the event of the death of a Participant who is at least 35 years of age at the time of his death, who is vested in
accordance with the provisions of Paragraph 1.26, and who dies prior to commencing payment of his vested benefit under the Plan, a surviving
spouse benefit shall be payable under Section 7.2.
(b) Survivor Benefit Election Before 2009. An active Participant who (i) has not had a termination of employment, (ii) is employed by
the Company on or after August 9, 2007, and (iii) in respect of whom payment of benefits under the Plan have not commenced by December
31, 2008 may make an irrevocable election prior to January 1, 2009 to waive the surviving spouse benefit provided under Section 7.2 and
instead elect the survivor benefit provided under Section 7.3.
(c) Survivor Benefit Election After December 31, 2008. On and after January 1, 2009 an active Participant who (i) has not had a
termination of employment and (ii) has not previously elected to waive the surviving spouse benefit provided under Section 7.2 in favor of the
survivor benefit provided under Section 7.3, may do so on or after January 1, 2009 if all of the following conditions are met:
(i) The survivor benefit election shall not take effect until at least 12 months after the date on which it is made;
(ii) The election must be made at least 12 months prior to the date on which the first annuity payment for the Participant is
otherwise scheduled to be made; and
(iii) The election must delay the payment for at least five years from the date the first annuity payment would otherwise have been
made.
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