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Retirement Savings Plan Design Element

C. RIGHTS OF FORMER SPOUSE - DOMESTIC RELATIONS ORDERS.

If you are divorced your former spouse may have an interest in your benefits. The Plan is required to comply with a court order that awards a portion or all of your benefits to a spouse, child or other alternate payee if the order is a Qualified Domestic Relations Order ("QDRO") as defined in ERISA.

You, your spouse or a former spouse may request the Plan's procedures for handling domestic relations orders at no charge. You or your attorney (or your spouse or his/her attorney) may submit a proposed QDRO to the Plan's legal counsel prior to submission to a court. Counsel will then provide notice of any required changes.

In the event you have entered into a Registered Domestic Partnership authorized by Section 297 et seq. of the California Family Code, the Plan will recognize any QDRO entered by the California courts pursuant to the California Family Code (which extends California’s community property laws to Registered Domestic Partners). Where the term “spouse” appears in this explanation of QDRO rights and responsibilities, that term shall include “Registered Domestic Partner.”

Benefit payments to a former spouse under a QDRO do not begin until the earliest date that the Participant would be eligible to receive a payment from the Plan (if permitted by the QDRO).

When you file your retirement application, you may be required to provide the Plan Office with information on any pending or prior divorce action. This includes a Final and/or Interlocutory Judgment, marital settlement agreement and any related documents.

ALERT- Pending Divorce May Delay Your Benefits
If the Plan is notified of a pending divorce or receives a court pleading known as a Joinder Request (or a similar document), the Plan has the discretion to delay paying your benefits for a reasonable period to allow time for the parties to prepare a QDRO (even if your retirement application is on file). If it appears that your former spouse or other alternate payee is seeking only a portion of your benefits or there are delays in processing the QDRO, the Plan may, at its discretion, distribute to you that portion of your benefits that is not addressed by the pending QDRO.