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Proof to be Furnished Penalties for Fraud

  1. Every Employee, Annuitant, or Beneficiary shall furnish, at the request of the Board of Trustees, any information or proof reasonably required for the administration of the Plan or for the determination of any matter that the Board of Trustees may legitimately have before it. Failure to furnish such information or proof promptly and in good faith shall be sufficient reason for the denial of benefits to such Employee or Beneficiary, or the suspension or discontinuance of benefits to such Annuitant. The falsity of any statement material to an application or furnishing of fraudulent information or proof shall be sufficient reason for the denial, suspension or discontinuance of benefits under this Plan except to the extent that the benefits are non-forfeitable and, in any such case, the Board of Trustees shall have the right to recover any benefit payments made in reliance on such false statement or fraudulent information or proof.
  2. Without limitation of the provisions of Subsection a., every Participant must file, before his benefit effective date, a written statement on which the Board of Trustees or other Plan representative is entitled to rely, concerning the Participant’s current and prior martial status, including, without limitation, whether or not he is currently legally married, and if married, as to when such marriage occurred. If a Participant states that he was not married throughout the year before his benefit payments began, no person shall be entitled to benefits under this Plan on the grounds that she was, in fact, his Spouse, or if his Spouse, was in fact legally married to him throughout the year before his benefit payments began.
  3. Any payment made in good faith on the basis of a written statement of a Participant or Beneficiary shall discharge all obligations of the Plan to the extent of such payment, and shall entitle the Board of Trustees to exercise all rights of recoupment or other remedies, including the right to adjust the dollar amount of payments made to a surviving Spouse or other Beneficiary in order to recoup any excess benefits which may have been erroneously paid.
  4. The rights of a former Spouse or other alternate payee to any share of a Participant’s benefit, as set forth in a Qualified Domestic Relations Order, take precedence over any claims of the Participant’s Spouse at the time of retirement or death to the extent provided by such Order or by any federal law or regulation.
  5. The consent of a Spouse or former Spouse given pursuant to any provision of this Plan, or for any other purpose in connection with the administration of the Plan, may not be revoked.

A Qualified Domestic Relations Order

A Qualified Domestic Relations Order (QDRO) is a judgment, decree or order pursuant to state law relating to child support, alimony, or marital property rights directing that all or part of a participant’s benefit be paid to an alternate payee. The order must be delivered to the Plan before payments can be made to an alternate payee, and the Plan must approve its form.

  1. The order must specify:
    • The names and last known mailing addresses of the participant and each alternate payee covered by the order;
    • The amount or formula for determining the amount payable to each alternate payee;
    • The number of payments or period of time to which the order applies; and
    • The name of the plan to which the order applies.
  2. The order cannot require the Plan to:
    • Provide any type or form of benefit, or any option, not otherwise provided under the Plan;
    • Provide increased benefits determined on the basis of actuarial value; or
    • Pay benefits in conflict with a previously issued qualified domestic relations order.

Download a Sample QDRO