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Section 10 <br />Distribution of Benefits <br />10.01 Required Minimum Distributions. The provisions of Code §401(a)(9) are hereby <br />incorporated in the Plan by reference. All distributions of benefits shall satisfy the <br />minimum distribution requirements of such Code §401(a)(9) if the Fund complies with <br />a reasonable and good faith interpretation of Code §401(a)(9). <br />10.02 Direct Transfers of Eligible Rollover Distributions: <br />a. This Section applies to distributions made on or after January 1, 1993. <br />Notwithstanding any provisions of the Plan to the contrary that would otherwise <br />limit a distributee's election under this Section, a distributee may elect, at the <br />time and in the manner prescribed by the plan administrator, to have any <br />portion of an eligible rollover distribution paid directly to an eligible retirement <br />plan specified by the distributee in a direct rollover. <br />b. Definitions: <br />(1) Eligible rollover distribution: An eligible rollover distribution is any <br />distribution described in IRC §402(c)(4) and generally includes any <br />distribution of all or any portion of the balance to the credit of the <br />distributee, except that an eligible rollover distribution does not include: <br />any distribution that is one of a series of substantially equal periodic <br />payments (not less frequently than annually) made for the life (or life <br />expectancy) of the distributee or the joint lives (or joint life <br />expectancies) of the distributee and the distributee's designated <br />beneficiary, or for a specified period of ten (10) years or more; any <br />distribution to the extent that such distribution is required under Code <br />§401(a)(9); and the portion of any distribution that is not includable in <br />gross income (determined without regard to the exclusion for net <br />unrealized appreciation with respect to employer securities); any <br />distribution which is made upon hardship of distribution; and any other <br />distribution reasonably expected to total less than $200 during a year. <br />(2) Eligible retirement plan: An eligible retirement plan is an individual <br />retirement account described in Code §408(b), an annuity plan <br />described in Code §403(a), or a qualified trust described in Code <br />§401(a), that accepts the distributee's eligible rollover distribution. <br />However, in the case of an eligible rollover distribution to the surviving <br />spouse, an eligible retirement plan is an individual retirement account <br />or individual retirement annuity. <br />(3) Distributee: A distributee includes an employee or former employee. In <br />addition, the employee's or former employee's surviving spouse and the <br />employee's or former employee's spouse or former spouse who is the <br />alternate payee under a qualified domestic relations order, as defined in <br />Code §414(p), are distributees with regard to the interest of the spouse <br />or former spouse. <br />(4) Direct rollover: A direct rollover is a payment by the plan to the eligible <br />retirement plan specified by the distributee. <br />22 <br />