Avis 2008 Annual Report Download - page 221

6.5.4 Upon written request made by the Member within sixty (60) days of the date the statement described in Section 6.5.3 was
mailed or delivered, the Committee shall furnish to him (by mail or personal delivery) a written explanation in nontechnical language of the
terms and conditions of the Terminated Member’s Spouse Joint and Survivor Annuity provisions of the Plan and the financial effects upon the
Member’s Vested Benefit of his making the election under Section 6.5.1. Such explanation shall be personally delivered or mailed to the
Member within thirty (30) days from the date of the Member’s written request.
6.5.5 A “Qualified Election” means a waiver of a Terminated Member’s Spouse Joint and Survivor Annuity. The waiver must be in
writing and must be consented to by the Member’s spouse. The spouse’s consent to a waiver must be witnessed by a representative of the
Committee or a notary public. Notwithstanding this consent requirement, if the Member establishes to the satisfaction of the Committee that
such written consent cannot be obtained because there is no spouse or the spouse cannot be located, a waiver by the Member shall be deemed a
Qualified Election. Any consent necessary under this provision shall be valid only with respect to the spouse who signs the consent, or in the
event of a deemed Qualified Election, the designated spouse. Additionally, a revocation of a prior waiver may be made by a Member without the
consent of the spouse at any time before the Member’s Annuity Starting Date. The number of such revocations shall not be limited.
6.6. Termination Prior to January 1, 1976 . If a Member’s employment terminated prior to January 1, 1976, his benefits, if any, shall
be determined in accordance with the provisions of the Prior Plan as in effect at the date of such termination of employment.
ARTICLE 7.
Optional Forms of Benefits
7.1. Election of Optional Benefit . In lieu of the normal form of Retirement Pension referred to in Section 5.1 or Section 5.2, or in
lieu of the normal form of Vested Benefit referred to in Section 6.4 or Section 6.5, whichever is applicable, a Member may elect, in accordance
with the provisions of Section 7.6, to have his Retirement Pension or Vested Benefit paid under one of the optional forms of benefits set forth in
this Article. All optional forms of benefits shall be determined by the Actuary on the basis of Equivalent Actuarial Values. Regardless of the
form of payment, all distributions shall comply with section 401(a)(9) of the Code and the Treasury Regulations thereunder, including the
minimum distribution incidental death benefit requirement of section 401(a)(9)(G) of the Code and the Treasury Regulations thereunder, and
such provisions shall override any Plan provisions otherwise inconsistent therewith.
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