1 FRONTIER SCIENCE FOUNDATION DEFINED CONTRIBUTION RETIREMENT PLAN SUMMARY PLAN DESCRIPTION
2 TABLE OF CONTENTS Page ARTICLE I PARTICIPATION IN THE PLAN Am I eligible to participate in the Plan?...1 When am I eligible to participate in the Plan?...1 When is my entry date? Does my service with another Employer count?...2 ARTICLE II CONTRIBUTIONS Will the Employer contribute to the Plan?...2 What is the Employer nonelective contribution?...2 How will the Employer nonelective contribution be allocated to my account?...2 What compensation is used to determine my Plan benefits?...3 Is there a limit on the amount of compensation that can be considered?...3 Is there a limit on how much can be contributed to my account each year? How is the money in the Plan invested?...3 What fund sponsors and funding vehicles are available under the Plan?...4 May I transfer my accumulations among the fund sponsors and their funding vehicles?...6 How do the TIAA-CREF retirement annuity contracts work?...6 How do I allocate my contributions among the TIAA-CREF investment options available under the RA Contract?...7 May I transfer my accumulations among the TIAA and CREF RA Contract Accounts?...7 ARTICLE III DISTRIBUTIONS Will I receive a distribution of my account if I terminate employment with the Employer?...8 What is...8 What is my vested interest in my account?...8 How does the Plan determine my Years of Service for vesting purposes?...9 As a veteran, will my military service count as service with the Employer?...9 How will my benefits be paid?...9 Is there a way I can receive income from my TIAA-CREF RA Contract Accounts while preserving my accumulation?...11 May I receive a portion of my income from my TIAA-CREF RA Contract Accounts in a single payment after termination of employment?...12 May I receive benefits from my TIAA-CREF RA Contract Accounts for a fixed-period after termination of employment?...12 May I receive a cash withdrawal from my TIAA-CREF RA Contract Accounts after termination of employment?...12
3 TABLE OF CONTENTS (Continued) Page If I only have a small accumulation in my TIAA-CREF RA Contracts after termination...13 May I elect to roll over my account to another plan or IRA?...13 ARTICLE IV DISABILITY BENEFITS How is disability defined?...13 What happens if I become disabled?...13 ARTICLE V DEATH BENEFITS What happens if I die while working for the Employer?...14 Who is the beneficiary of my death benefit?...14 How will the death benefit be paid to my beneficiary?...14 What if I die before starting to receive benefits from my TIAA-CREF RA Contract Accounts?...15 When must the last payment be made to my beneficiary?...15 my benefits?...16 ARTICLE VI IN-SERVICE DISTRIBUTIONS Can I withdraw money from my account while working for the Employer?...16 ARTICLE VII TAX TREATMENT OF DISTRIBUTIONS What are my tax consequences when I receive a distribution from the Plan?...17 Can I reduce or defer tax on my distribution?...17 ARTICLE VIII PROTECTED BENEFITS AND CLAIMS PROCEDURES Is my benefit protected?...18 Are there any exceptions to the general rule?...18 Can the Plan be amended?...18 What happens if the Plan is discontinued or terminated?...18 How do I submit a claim for Plan benefits?...18 What if my benefits are denied?...19 What is the Claims Review Procedure?...20 What are my rights as a Plan participant?...22 What can I do if I have questions or my rights are violated? ii -
4 TABLE OF CONTENTS (Continued) Page ARTICLE IX GENERAL INFORMATION ABOUT THE PLAN General Plan Information How are hours of service credited?...25 Employer Information...25 Administrator Information...25 Service of Legal Process iii -
5 FRONTIER SCIENCE FOUNDATION DEFINED CONTRIBUTION RETIREMENT PLAN SUMMARY PLAN DESCRIPTION INTRODUCTION TO YOUR PLAN Frontier Science Foundation Defined Contribution Retirement Plan ( Plan ) has been adopted to provide you with additional income for retirement. This Plan is a type of retirement plan commonly referred to as a 403(b) plan or TSA (Tax Sheltered Annuity). This Summary Plan Description ( SPD ) contains valuable information regarding when you may become eligible to participate in the Plan, your Plan benefits, your distribution options, and many other features of the Plan. You should take the time to read this Summary Plan Description ( SPD ) to get a better understanding of your rights and obligations under the Plan. We have attempted to answer most of the questions you may have regarding your benefits in the Plan. If this SPD does not answer all of your questions, please contact the Administrator. The name and address of the Administrator can be found in the Article of this SPD entitled General Information About The Plan. This SPD describes the Plan s benefits and obligations as contained in the legal Plan document, which governs the operation of the Plan. The Plan document is written in much more technical and precise language. If the non-technical language under this SPD and the technical, legal language of the Plan document conflict, the Plan document always governs. If you wish to receive a copy of the legal Plan document, please contact the Administrator. This SPD describes the current provisions of the Plan. The Plan is subject to federal laws, such as ERISA (the Employee Retirement Income Security Act), the Internal Revenue Code and other federal and state laws which may affect your rights. The provisions of the Plan are subject to revision due to a change in laws or due to pronouncements by the Internal Revenue Service (IRS) or Department of Labor (DOL). The Employer may also amend or terminate this Plan. The Administrator will notify you if the provisions of the Plan that are described in this SPD change. Terms of investment products you select may also affect the Plan. This SPD does not address the provisions of specific investment products.
6 Am I eligible to participate in the Plan? ARTICLE I PARTICIPATION IN THE PLAN Provided you are an eligible employee, you are eligible to participate in the Plan once you satisfy the Plan s eligibility conditions described in the next question. If you are a member of a class of employees identified below, you are not an eligible employee for all Plan purposes. The employees who are excluded are: Employees who are students performing services for a school or employer described in Internal Revenue Code Section 3121(b)(10). In addition to those excluded for all purposes, if you are a member of a class of employees identified below, you are not an eligible employee for purposes of eligibility to participate in the Plan. The employees who are excluded are: Individuals who the Employer does not classify as employees (such as independent contractors), even if there is a later determination that the individuals must be reclassified as employees. When am I eligible to participate in the Plan? Provided you are an eligible employee, you will be eligible to participate in Employer contributions once you satisfy the applicable service requirement. You will actually enter the Plan once you reach the entry date as described in the next question. service. You will have met the service requirement when you complete one year of You will have completed a year of service if, at the end of your first twelve consecutive months of employment with us, you have been credited with at least 1,000 hour(s) of service. If you have not been credited with 1,000 hour(s) of service by the end of your first twelve consecutive months of employment, you will have completed a year of service once you complete the required hour(s) of service during any subsequent twelve-month period that begins on the anniversary of your employment date. When is my entry date? Provided you are an eligible employee, you may begin participating in the Plan s nonelective contributions once you have satisfied the eligibility requirements and reached your entry date. Your entry date is the first day of the month next following the date you satisfy the Plan s eligibility requirements.
7 What happens if I m a participant, terminate employment and then I m rehired? If the Employer rehires you following your prior termination of employment, you may resume participation in the Plan immediately upon your rehire, unless you are an excluded employee. If you leave the Employer to enter qualified military service and the Employer rehires you under the Uniformed Services Employment and Reemployment Rights Act of 1994 ( USERRA ), contributions, benefits and service credit will be provided in accordance with Code Section 414(u). If you think this may apply to you, ask the Administrator for more information. Does my service with another Employer count? Your years of service with any organization that qualifies as a Code Section 501(c)(3) organization will be counted; provided, however, that for eligible employees whose date of hire is on or after April 4, 2008, credit for years of service performed for another 501(c)(3) organization is limited to the five-year period preceding the Eligible Employee s date of hire. Will the Employer contribute to the Plan? ARTICLE II CONTRIBUTIONS Each year, the Employer may contribute nonelective contributions. This Article describes these employer contributions and how these monies will be allocated to your account to provide for your retirement benefit. What is the Employer nonelective contribution? A nonelective contribution is a contribution the Employer makes to the Plan which is unrelated to whether you make any elective deferrals. For each month in which you are a Plan participant, we will make, on your behalf, a fixed nonelective contribution to the Plan equal to 10% of the compensation paid to you in that month. Effective May 1, 2015, the employer contribution is 8%. How will the Employer nonelective contribution be allocated to my account? As a Participant employed during a calendar month, you will share in the Employer s nonelective contribution for the month, regardless of the amount of service you complete during the month
8 What compensation is used to determine my Plan benefits? For the purposes of determining your allocation of all contributions to the Plan, compensation has a special and highly technical meaning. The Plan generally defines compensation as the total amounts paid to you for services rendered to the Employer, although some items may be excluded. In computing compensation, the Plan does not consider certain items, as described below: The Plan does not take into account compensation paid while you weren t a participant for any purpose. Is there a limit on the amount of compensation that can be considered? For Plan years beginning on and after January 1, 2009, the amount of annual compensation that may be taken into consideration for Plan purposes is $245,000. This amount may be adjusted after 2009 for cost-of-living increases. Is there a limit on how much can be contributed to my account each year? Generally, the law imposes a maximum limit on the amount of contributions, including elective deferrals, that may be made to your accounts and any other amounts allocated to any of your accounts during the Plan year (such as forfeitures), excluding earnings. Beginning in 2009, this total cannot exceed the lesser of $49,000 or 100% of your includible compensation. The dollar limit may be adjusted after 2009 for cost-of-living increases. May I make rollover contributions to the Plan? At the discretion of the Administrator, you may be permitted to deposit into the Plan distributions you have received from other plans and certain IRAs, provided such distributions are legally qualified to be rolled over into this Plan. Such a deposit is called a rollover and may result in tax savings to you. You may ask your prior plan administrator or trustee to directly transfer (a direct rollover ) to this Plan all or a portion of any amount that you are entitled to receive as a distribution from a prior plan. Alternatively, if you received a distribution from a prior plan, you may elect to deposit any amount eligible for rollover within 60 days of your receipt of the distribution. You should consult a qualified tax advisor to determine if a rollover to this Plan is permitted and in your best interest. Your rollover will be placed in a separate account called a rollover account. You will always be 100% vested in your rollover account. This means that you will always be entitled to all of your rollover contributions. Rollover contributions will be affected by any investment gains or losses. How is the money in the Plan invested? The Plan assets may be invested only in mutual funds, or in annuity contracts issued by an insurance company. See the Administrator for further details regarding permissible investments
9 You will be able to direct the investment of your Plan account, including your elective deferrals. The Administrator will provide you with information on the investment choices available to you, the frequency with which you can change your investment choices and other information. Periodically, you will receive a benefit statement that provides information on your account balance and your investment returns. If you have any questions about the investment of your Plan accounts, please contact the Administrator. If you do not direct the investment of your Plan account, then your account will be invested in accordance with the default investment alternatives the Employer establishes under the Plan. The Plan is intended to comply with Section 404(c) of ERISA (the Employee Retirement Income Security Act). If the Plan complies with this Section, then the fiduciaries of the Plan, including the Employer and the Administrator, will be relieved of any legal liability for any losses which are the direct and necessary result of the investment directions that you give. You must follow procedures in giving investment directions. If you fail to do so, then your investment directions need not be followed. You are not required to direct investments. If you do not direct the investment of your applicable Plan accounts, then your accounts will be invested in accordance with the default investment alternatives as established under the Plan. When you direct investments, your account is segregated for purposes of determining the earnings or losses on these investments. Your account does not share in the investment performance for other participants who have directed their own investments. You should remember that the amount of your benefits under the Plan will depend in part upon your choice of investments. Gains as well as losses can occur. The Employer and the Administrator will not provide investment advice or guarantee the performance of any investment you choose. What fund sponsors and funding vehicles are available under the Plan? Contributions may be invested in one or more of the following fund sponsors and their funding vehicles that are currently available under this Plan: A. Teachers Insurance and Annuity Association (TIAA): TIAA Retirement Annuity (RA) Contract Traditional Annuity Real Estate Account B. College Retirement Equities Fund (CREF): CREF Retirement Unit-Annuity (RA) Contract Stock Account Global Equities Account Money Market Account Growth Account Bond Market Account Equity Index Account Social Choice Account Inflation-Linked Bond Account - 4 -
10 C. TIAA-CREF Mutual Funds [Effective 2/23/09]: TIAA-CREF Large Cap Value Fund TIAA-CREF Small-Cap Blend Index TIAA-CREF Large-Cap Value Index TIAA-CREF Social Choice Equity TIAA-CREF Mid Cap Value Fund TIAA-CREF S&P 500 Index TIAA-CREF Mid Cap Growth Fund TIAA-CREF Money Market Fund TIAA-CREF International Equity Fund TIAA-CREF Bond TIAA-CREF International Equity Index TIAA-CREF Bond Plus II TIAA-CREF Equity Index TIAA-CREF High-Yield II TIAA-CREF Growth and Income TIAA-CREF Inflation-Linked Bond TIAA-CREF Large-Cap Growth Index TIAA-CREF Short-Term Bond II D. Fidelity Investments: 403(b) Custodial Account: Fidelity Mutual Funds: Fidelity Balanced Fund Fidelity Capital & Income Fund Fidelity Disciplined Equity Fund Fidelity Emerging Markets Fund Fidelity Freedom Income Fund Fidelity Freedom 2000 Fund Fidelity Freedom 2005 Fund Fidelity Freedom 2010 Fund Fidelity Freedom 2015 Fund Fidelity Freedom 2020 Fund Fidelity Freedom 2025 Fund Fidelity Freedom 2030 Fund Fidelity Freedom 2035 Fund Fidelity Freedom 2040 Fund Fidelity Freedom 2045 Fund Fidelity Freedom 2050 Fund Fidelity Retirement Money Market Portfolio Fidelity Government Income Fund Fidelity Growth Discovery Fund Fidelity International Discovery Fund Fidelity Leveraged Company Stock Fund Spartan U.S. Equity Index Fund - Investor Class - 5 -
11 Non-Fidelity Mutual Funds: Allianz NFJ Small Cap Value Fund Administrative Class Allianz NFJ Dividend Value Fund - Administrative Class Baron Small Cap Fund Calvert Social Investment Fund Equity Portfolio - Class A Morgan Stanley Institutional Fund Trust Mid Cap Growth Portfolio - Class P Shares PIMCO Total Return Fund - Administrative Class Riversource Mid-Cap Value Fund - R4 Wells Fargo Advantage Small Cap Value Fund - Class Z Participant Directed Brokerage Investment Option: BrokerageLink (Mutual Funds Only) Any additional Accounts offered by TIAA-CREF will automatically be made available to you under this plan unless the Institution elects otherwise. The Employer s current selection of fund sponsors and funding vehicles is not intended to limit future additions or deletions of fund sponsors and funding vehicles. You will be notified of any additions or deletions. May I transfer my accumulations among the fund sponsors and their funding vehicles? Yes, at any time before retirement begins, a Participant may transfer funds accumulated under the Plan among the fund sponsors and their funding vehicles. All transfers are subject to the provisions and any restrictions of each fund sponsor. How do the TIAA-CREF retirement annuity contracts work? TIAA Traditional Annuity: Contributions to the TIAA Traditional Annuity are used to purchase a contractual or guaranteed amount of future retirement benefits for you. Once purchased, the guaranteed benefit of principal plus interest cannot be decreased, but it can be increased by dividends. Once you begin receiving annuity income, your accumulation will provide an income consisting of the contractual, guaranteed amount plus dividends that are declared each year and which are not guaranteed for the future. Dividends may increase or decrease, but changes in dividends are usually gradual. For a recorded message of the current interest rate for contributions to the TIAA Traditional Annuity, call the Automated Telephone Service (ATS) at The ATS is available 24 hours a day, seven days a week. CREF and the TIAA Real Estate Account: You have the flexibility to accumulate retirement benefits in any of the CREF variable annuity accounts approved for use under the Plan, as indicated above, and the TIAA Real Estate Account. Each account has its own investment objective and portfolio of securities. Contributions to a CREF account and the TIAA Real Estate Account are used to buy accumulation units, or shares of participation in an underlying investment portfolio. The value of the Accumulation Units changes each business day. You may also choose to receive annuity income under any of the CREF accounts and the TIAA Real Estate Account. There is no guaranteed baseline income or declared dividends when - 6 -
12 you receive annuity income from these accounts. Instead, your income is based on the value of the annuity units you own, a value that changes periodically, up or down. For more information on the CREF RA Contract Accounts, you should refer to the CREF prospectus. For more information about the TIAA Real Estate Account, refer to the TIAA Real Estate Account prospectus. For a recorded message of the latest accumulation unit values for the CREF RA Contract Accounts and the TIAA Real Estate Account, as well as the seven-day yield for the CREF Money Market Account, call the ATS at The recording is updated each business day. How do I allocate my contributions among the TIAA-CREF investment options available under the RA Contract? You may allocate contributions among the TIAA Traditional Annuity, the TIAA Real Estate Account, and the CREF RA Contract Accounts in any whole-number proportion, including full allocation to any Account. You specify the percentage of contributions to be directed to the TIAA Traditional Annuity, the TIAA Real Estate Account, and/or the CREF RA Contract Accounts on the Application for TIAA-CREF Retirement Annuity Contracts when you begin participation. You may change your allocation of future contributions after participation begins by writing to TIAA-CREF s home office at 730 Third Avenue, New York, New York 10017, by phone using TIAA-CREF s Automated Telephone Service (ATS) toll free at , or via the Internet using TIAA-CREF s Account Access System at However, TIAA-CREF reserves the right to suspend or terminate participants right to change allocations by phone or the Internet. When you receive your contract, you ll also be sent a Personal Identification Number (PIN). The PIN enables you to change your allocation by using the ATS or the Internet. For more information on allocations, ask for the TIAA-CREF booklet Building Your Portfolio. May I transfer my accumulations among the TIAA and CREF RA Contract Accounts? Accumulations may be transferred among the CREF RA Contract Accounts and the TIAA Real Estate Account. Accumulations in the CREF RA Contract Accounts and the TIAA Real Estate Account also may be transferred to the TIAA Traditional Annuity. Partial transfers may be made from a CREF Account or the TIAA Real Estate Account to the TIAA Traditional Annuity, or among the CREF RA Contract Accounts and the TIAA Real Estate Account, as long as at least $1,000 is transferred each time. There is no charge for transferring accumulations in the TIAA-CREF system, but TIAA-CREF reserves the right to limit transfer frequency. TIAA Traditional Annuity accumulations may be transferred to any of the CREF RA Contract Accounts and the TIAA Real Estate Account through the Transfer Payout Annuity (TPA). Transfers will be made in substantially equal annual amounts over a period of 10 years. Transfers made under the TPA contract are subject to the terms of that contract. The minimum transfer from the TIAA Traditional Annuity to a CREF RA Contract Account or the TIAA Real Estate Account is $10,000 (or the entire accumulation if it totals less than $10,000). However, if your total TIAA Traditional Annuity accumulation is $2,000 or less, you can transfer your entire - 7 -
13 TIAA Traditional Annuity accumulation in a single sum to any of the CREF RA Contract Accounts or the TIAA Real Estate Account, as long as you do not have an existing TIAA TPA contract in force. TIAA-CREF reserves the right to limit transfer frequency. You may complete transfers within the TIAA-CREF system either by phone, the Internet, or in writing. CREF, and TIAA Real Estate Account transfers, as well as premium allocation changes, will be effective as of the close of the New York Stock Exchange (usually 4:00 p.m. Eastern time) generally, on the day the instructions are received by TIAA-CREF, unless you choose the last day of the current month or any future month. Instructions received after the close of the New York Stock Exchange are effective as of the close of the Stock Exchange on the next business day. The toll-free number to reach the ATS is The Account Access System is accessible on the Internet at ARTICLE III DISTRIBUTIONS Will I receive a distribution of my account if I terminate employment with the Employer? If you terminate employment for any reason and at any age (including retirement), then you will be entitled to a distribution within a reasonable time after you terminate employment. (See the question How will my benefits be paid? for a further explanation of how benefits are paid from the Plan.) What is the Plan s normal retirement age? You will attain your normal retirement age when you reach age 65. Normal retirement age does not control when you may receive distributions under the Plan. If your employment terminates for reasons other than death, disability, or attainment of normal retirement age, you will be entitled to receive only your vested percentage of your account balance. What is my vested interest in my account? You are always 100% vested (which means that you are entitled to all of the amounts) in your account attributable to the following: rollover contributions Vesting schedules. Your vested percentage for certain Employer contributions is based on vesting Years of Service. This means at the time you stop working, your account balance attributable to contributions subject to a vesting schedule is multiplied by your vested percentage. The result, when added to the amounts that are always 100% vested as shown above, is your vested interest in the Plan, which is what you will actually receive from the Plan. You will always, however, be 100% vested if you are employed on or after your Normal - 8 -
14 Retirement Age or if you terminate employment on account of your death or if you terminate employment as a result of becoming disabled. Your vested percentage in your account attributable to nonelective contributions is determined under the following schedule. Vesting Schedule Nonelective Contributions Years of Service Percentage Less than 1 0% 1 0% 2 20% 3 40% 4 75% 5 100% How does the Plan determine my Years of Service for vesting purposes? To earn a year of service, you must be credited with at least 1,000 hours of service during the twelve-month period that begins either on your first day of employment or on any anniversary of your employment date. (See the Article entitled General Information About the Plan for more information on receiving credit for hours of service.) The Plan contains specific rules for crediting hours of service for vesting purposes. The Administrator will track your service and will credit you with a year of service for each such 12-month period in which you are credited with the required hours of service, in accordance with the terms of the Plan. If you have any questions regarding your vesting service, you should contact the Administrator. As a veteran, will my military service count as service with the Employer? If you are a veteran and are reemployed under the Uniformed Services Employment and Reemployment Rights Act of 1994, your qualified military service may be considered service with the Employer. If you may be affected by this law, ask your Administrator for further details. How will my benefits be paid? There are various methods by which benefits may be distributed to you from the Plan. The method depends on your marital status, as well as the elections you and your spouse make. All methods of distribution, however, have equivalent values. The rules under this Article apply to all distributions you will receive from the Plan, whether by reason of retirement, termination, or any other event which may result in a distribution of benefits. If you are married on the date your benefits are to begin, you will automatically receive a joint and 50% survivor annuity, unless you (and your spouse, if married) elect an alternative form of payment. This means that you will receive payments for your life, and upon your death, your surviving spouse will receive a monthly benefit for the remainder of his or her - 9 -
15 life equal to 50% of the benefit you were receiving at the time of your death. Alternatively, you may select a joint and 75% survivor annuity. If you are not married on the date your benefits are to begin, you will automatically receive a life annuity, which means you will receive payments for as long as you live. However, regardless of the preceding, if your vested benefit in the Plan does not exceed $5,000, then your benefit may only be distributed to you in a single lump-sum payment. If your vested benefit in the Plan exceeds $5,000, and you want the distribution to be in a form other than an annuity payment, you (and your spouse, if you are married) must first waive the annuity form of payment. When you are about to receive any distribution, the Administrator will explain the joint and survivor annuity or the life annuity to you in greater detail. You will be given the option of waiving the joint and survivor annuity or the life annuity form of payment during the 180-day period before the annuity is to begin. IF YOU ARE MARRIED, YOUR SPOUSE MUST IRREVOCABLY CONSENT IN WRITING TO THE WAIVER IN THE PRESENCE OF A NOTARY OR A PLAN REPRESENTATIVE. You may revoke any waiver. The Administrator will provide you with forms to make these elections. Since your spouse participates in these elections, you must immediately inform the Administrator of any change in your marital status. If you waive the annuity benefit (with your spouse s consent if you are married), you may elect to receive a distribution of your accounts invested with Fidelity Investments under one of the methods described below: A single lump-sum payment in cash or, in certain circumstances, in property. Monthly, quarterly, or annual installments over a period of not more than your assumed life expectancy (or your and your beneficiary s assumed life expectancies). Partial withdrawals. With respect to amounts invested in TIAA-CREF RA Contracts, the following income options are available: 1. A Single Life Annuity. This option pays you an income for as long as you live, with payments stopping at your death. A single life annuity provides you with a larger monthly income than other options. This option is also available with a 10, 15, or 20 year guaranteed payment period (but not exceeding your life expectancy at the time you begin annuity income). If you die during the guaranteed period, payments in the same amount that you would have received continue to your beneficiary(ies) for the rest of the guaranteed period
16 2. A Survivor Annuity. This option pays you a lifetime income, and if your annuity partner lives longer than you, he or she continues to receive an income for life. The amount continuing to the survivor depends on which of the following three options you choose: Two-thirds Benefit to Survivor. At the death of either you or your annuity partner, the payments are reduced to two-thirds the amount that would have been paid if both had lived, and are continued to the survivor for life. Full Benefit to Survivor. The full income continues as long as either you or your annuity partner is living. Half Benefit to Second Annuitant. The full income continues as long as you live. If your annuity partner survives you, he or she receives, for life, one-half the income you would have received if you had lived. If your annuity partner dies before you, the full income continues to you for life. All survivor annuities are available with a 10, 15, or 20 year guaranteed period, but not exceeding the joint life expectancies of you and your annuity partner. The period may be limited by federal tax law. 3. A Minimum Distribution Option (MDO). The MDO enables participants to automatically comply with federal tax law distribution requirements. With the MDO, you will receive the minimum distribution that is required by federal tax law while preserving as much of your accumulation as possible. The minimum distribution will be paid to you annually unless you elect otherwise. This option is generally available in the year you attain age 70½ or retire, if later. Your investment product may provide you with additional distribution options. Is there a way I can receive income from my TIAA-CREF RA Contract Accounts while preserving my accumulation? Yes, subject to your spouses right to survivor benefits, for TIAA participants between ages 55 and 69½ with a TIAA Traditional Annuity accumulation of at least $10,000. Under the TIAA Interest Payment Retirement Option (IPRO), you will receive monthly payments equal to the interest (guaranteed plus dividends) that would otherwise be credited to your TIAA Traditional Annuity. Payments will be made at the end of each month. Your accumulation is not reduced while you are receiving interest payments. Payments under the IPRO will consist of the contractual interest rate (currently 3 percent), plus dividends as declared by TIAA s Board of Trustees. Dividends are declared each March for the following 12-month period and are not guaranteed after the 12-month period has expired. If you elect the IPRO, these rates will be used to determine your monthly payment rather than be credited to your annuities. Interest payments made under the IPRO must continue for at least 12 months. Once you start receiving interest income payments, you must continue receiving them until you begin receiving your accumulation under an annuity income option. Usually, you may delay
17 beginning your annuity income benefits as late as permitted under federal law. When you do begin annuity income from your TIAA Traditional Annuity accumulation, you may choose any of the lifetime annuity income options available under your TIAA RA Contract. If you die while receiving interest payments under the IPRO, your beneficiary will receive the amount of your starting accumulation, plus interest earned but not yet paid. If you die after you ve begun receiving your accumulation as an annuity, your beneficiary will receive the benefits provided under the annuity income option you ve selected. May I receive a portion of my income from my TIAA-CREF RA Contract Accounts in a single payment after termination of employment? Yes, subject to your spouse s right to survivor benefits, you may receive a portion of your income in a single sum after termination of employment if you choose the Retirement Transition Benefit option. This option lets you receive a one-sum payment of up to 10 percent of your TIAA and CREF accumulations at the time you start to receive your income as an annuity. The one-sum payment cannot exceed 10 percent of each account s accumulation then being converted to annuity payments. May I receive benefits from my TIAA-CREF RA Contract Accounts for a fixed-period after termination of employment? Yes, subject to your spouse s right to survivor benefits, you may receive benefits for a fixed-period after termination of employment. For your CREF RA Contract and TIAA Real Estate Account accumulations, the fixed-period option pays you an income over a fixedperiod of between two and 30 years. For your TIAA Traditional Annuity accumulations, you may receive benefits over a 10-year period under the Transfer Payout Annuity (TPA). At the end of the selected period, all benefits will end. If you die during the period, payments will continue in the same amount to your beneficiary for the duration. Tax law requires that the period you choose not exceed your life expectancy or the joint life expectancy of you and your beneficiary. May I receive a cash withdrawal from my TIAA-CREF RA Contract Accounts after termination of employment? Yes, subject to your spouse s right to survivor benefits, you may receive all of your CREF RA Contract and TIAA Real Estate Account accumulations as a cash withdrawal after you terminate employment. TIAA Traditional Annuity accumulations may be received only through the Transfer Payout Annuity (TPA), in substantially equal annual payments over a period of 10 years after you terminate employment. Payments made under the TPA are subject to the terms of that contract. You can elect to receive your cash withdrawal of CREF RA Contract and TIAA Real Estate Account accumulations through a series of systematic payments using TIAA- CREF s Systematic Withdrawal service. This service allows you to specify the amount and frequency of payments. Currently, the initial amount must be at least $100 per account. Once payments begin, they will continue for the period you specify. You can change the amount and
18 frequency of payments, as well as stop and restart payments as your needs dictate. There is no charge for this service. If I only have a small accumulation in my TIAA-CREF RA Contracts after termination of employment, may I repurchase my accumulation and receive it in a single sum? Yes, subject to your spouse s right to survivor benefits, you may repurchase your TIAA-CREF Retirement Annuities (RAs) in a single sum provided you have terminated employment. In addition, all of the following conditions must apply at the time you request a repurchase: 1. The total TIAA Traditional Annuity accumulation in all your RAs (including contributions to RAs under plans of other employers) is $2,000 or less. 2. You don t have a TIAA Transfer Payout Annuity (TPA). Amounts paid to you upon repurchase will be in full satisfaction of your rights and your spouse s rights to retirement or survivor benefits from TIAA-CREF on such amounts. Also, as explained earlier, you may elect to receive a cash withdrawal of your CREF RA Contract and TIAA Real Estate Account accumulations when you terminate employment from the Employer. May I elect to roll over my account to another plan or IRA? If you are entitled to a distribution of more than $200, then you may elect whether to receive the distribution or to roll over the distribution to another retirement plan such as an individual retirement account ( IRA ). How is disability defined? ARTICLE IV DISABILITY BENEFITS Under the Plan, disability means the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or to be of long-continued and indefinite duration. An investment product may use a different definition. You may be required to submit to a physical examination to determine whether you are disabled. What happens if I become disabled? If you become disabled while a participant, you will be entitled to a distribution of 100% of your account balance. Payment of your disability benefits will be made to you as if you had terminated employment without disability
19 ARTICLE V DEATH BENEFITS What happens if I die while working for the Employer? If you die while still employed by the Employer, your entire account balance will be used to provide your beneficiary with a death benefit. Who is the beneficiary of my death benefit? If you are married at the time of your death, your spouse will be the beneficiary of 50% of the death benefit unless an election is made to change the beneficiary. IF YOU WISH TO DESIGNATE A BENEFICIARY OTHER THAN YOUR SPOUSE, YOUR SPOUSE MUST IRREVOCABLY CONSENT TO WAIVE ANY RIGHT TO THE PORTION OF THE DEATH BENEFIT PAYABLE TO YOUR SPOUSE. YOUR SPOUSE S CONSENT MUST BE IN WRITING, BE WITNESSED BY A NOTARY OR A PLAN REPRESENTATIVE, AND ACKNOWLEDGE THE SPECIFIC NONSPOUSE BENEFICIARY. If you are married, you have named someone other than your spouse to be your beneficiary as described in the preceding paragraph, and wish to again change your beneficiary designation, your spouse must again consent to the change, unless you are changing your designation to name your spouse as your beneficiary. Also, you may, at any time, designate the beneficiary for amounts in excess of the portion of the death benefit payable to your spouse without your spouse s consent. In addition, you may elect a beneficiary other than your spouse without your spouse s consent if your spouse cannot be located. If you are not married, you may designate your beneficiary on a form to be supplied to you by the Administrator. If no valid designation of beneficiary exists, or if the beneficiary is not alive when you die, then the death benefit will be paid in the following order, unless the investment provider s documentation says otherwise: (a) Your surviving spouse; (b) Your children, including adopted children, and if a child dies before you, to their children, if any; (c) (d) Your surviving parents, in equal shares; or Your estate. How will the death benefit be paid to my beneficiary? The death benefit payable to your spouse will be in the form of an annuity, that is, periodic payments over the life of your spouse. Your spouse may direct that payments begin within a reasonable period of time after your death. The size of the monthly payments will depend on the value of your account at the time of your death
20 You may waive this form of distribution. Generally, the period during which you and your spouse may waive this annuity begins as of the first day of the Plan year in which you reach age 35 and ends when you die. The Administrator must provide you with a detailed explanation of the annuity. This explanation must be given to you during the period of time beginning on the first day of the Plan year in which you will reach age 32 and ending on the first day of the Plan year in which you reach age 35. Under a special rule, you and your spouse may waive the survivor annuity form of payment any time before you turn age 35. However, any waiver will become invalid at the beginning of the Plan year in which you turn age 35, and you and your spouse will be required to make another waiver. It is important that you inform the Administrator when you reach age 32 so that you may receive this information. If you waive the annuity form of distribution, the death benefit may be distributed in one of the forms mentioned above unless you elected the death benefit distribution method prior to your death. What if I die before starting to receive benefits from my TIAA-CREF RA Contract Accounts? If you die before beginning retirement benefits, the full current value of your annuity accumulation is payable as a death benefit. You may choose one or more of the options listed in your annuity contracts for payment of the death benefit, or you may leave the choice to your beneficiary. The payment options include: Income for the lifetime of the beneficiary with payments ceasing at his or her death. Income for the lifetime of the beneficiary, with a minimum period of payments of either 10, 15, or 20 years, as selected. Income for a fixed period of not less than two nor more than 30 years for CREF and TIAA Real Estate accumulations, as elected, but not longer than the life expectancy of the beneficiary. A single sum payment. A minimum distribution option. This option pays the required federal minimum distribution each year. The accumulation may be left on deposit, for up to one year, for later payment under any of the options. When must the last payment be made to my beneficiary? If your designated beneficiary is a person (other than your estate or most trusts) then minimum distributions of your death benefit must generally begin within one year of your death and must be paid over a period not extending beyond your beneficiary s life expectancy. If
21 your spouse is the beneficiary, the start of payments may be delayed until the year in which you would have attained age 70½. Generally, if you die before you are required to begin minimum distributions (which for most people is shortly after the later of age 70½ or retirement) and your beneficiary is not a person, then your entire death benefit must be paid within five years after your death. Some investment products may allow a person to use this five-year rule. See the Plan Administrator for further details. Since your spouse has certain rights in the death benefit, you should immediately report any change in your marital status to the Administrator. What happens if I m a participant, terminate employment, and die before receiving all my benefits? If you terminate employment with us and subsequently die, your beneficiary will be entitled to the vested percentage of your remaining account balance at the time of your death. However, if you are receiving an annuity distribution at the time of your death, your designated beneficiary, if any, may receive nothing or may be entitled to any remaining payments according to the annuity contract. ARTICLE VI IN-SERVICE DISTRIBUTIONS Can I withdraw money from my account while working for the Employer? You may receive a distribution from the Plan prior to your termination of employment if you satisfy certain conditions. These conditions are described below. However, this distribution will reduce the value of the benefits you will receive when you retire. Any inservice distribution is made at your election and will be made in accordance with the forms of distribution available under the investment product you have selected or under the Plan. Among other things, this means that if the Plan requires a distribution to be made in the form of an annuity, you (and your spouse if you are married) will need to waive the required annuity form of benefit to receive an in-service distribution in a single payment. You may request an in-service distribution from the following account(s) and based on the following event(s). Some individual investment products may provide for additional in-service distribution options. Please see your Administrator for details: Your entire account once you reach age 65. Your entire account if you become disabled. severance. You may withdraw your rollover contributions, if any, at any time prior to You may only request one in-service distribution during a Plan year unless an individual investment option permits more frequent in-service distributions
22 ARTICLE VII TAX TREATMENT OF DISTRIBUTIONS What are my tax consequences when I receive a distribution from the Plan? Generally, you must include any Plan distribution in your taxable income in the year in which you receive the distribution. The tax treatment may also depend on your age when you receive the distribution. Can I reduce or defer tax on my distribution? You may reduce, or defer entirely, the tax due on your distribution through use of one of the following methods: (a) The rollover of all or a portion of the distribution you actually receive to a traditional Individual Retirement Account (IRA) or another eligible employer plan. This will result in no tax being due until you begin withdrawing funds from the traditional IRA or other eligible employer plan. The rollover of the distribution, however, MUST be made within strict time frames (normally, within 60 days after you receive your distribution). Under certain circumstances all or a portion of a distribution may not qualify for this rollover treatment. In addition, most distributions will be subject to mandatory federal income tax withholding at a rate of 20%. This will reduce the amount you actually receive. For this reason, if you wish to roll over all or a portion of your distribution amount, the direct rollover option described in paragraph (b) below would be the better choice. (b) For most distributions, you may request that a direct rollover of all or a portion of the distribution to either a traditional Individual Retirement Account (IRA) or another qualified employer plan willing to accept the rollover. A direct rollover will result in no tax being due until you withdraw funds from the traditional IRA or other qualified employer plan. Like the 60-day rollover, under certain circumstances all or a portion of the amount to be distributed may not qualify for this direct rollover, e.g., a distribution of less than $200 will not be eligible for a direct rollover. If you elect to actually receive the distribution rather than request a direct rollover, then in most cases 20% of the distribution amount will be withheld for federal income tax purposes. WHENEVER YOU RECEIVE A DISTRIBUTION, THE ADMINISTRATOR WILL DELIVER TO YOU A MORE DETAILED EXPLANATION OF THESE OPTIONS. HOWEVER, THE RULES WHICH DETERMINE WHETHER YOU QUALIFY FOR FAVORABLE TAX TREATMENT ARE VERY COMPLEX. YOU SHOULD CONSULT WITH A QUALIFIED TAX ADVISOR BEFORE MAKING A CHOICE
23 Is my benefit protected? ARTICLE VIII PROTECTED BENEFITS AND CLAIMS PROCEDURES As a general rule, your interest in your account may not be alienated. This means your interest may not be sold, used as collateral for a loan, given away or otherwise transferred. In addition, in general, your creditors may not attach, garnish or otherwise interfere with your account. However, creditor protection of Plan assets is a complex subject and may be affected by bankruptcy and other laws. If you want specific information about possible protection of your Plan account from creditors, you should consult a qualified advisor. Are there any exceptions to the general rule? Apart from possible access by creditors described above, there are two exceptions to the general rule. The Administrator must honor a qualified domestic relations order. A qualified domestic relations order is defined as a decree or order issued by a court that obligates you to pay child support or alimony, or otherwise allocates a portion of your assets in the Plan to your spouse, former spouse, child or other dependent. If a qualified domestic relations order is received by the Administrator, all or a portion of your benefits may be used to satisfy the obligation. The Administrator will determine the validity of any domestic relations order received. You and your beneficiaries can obtain, without charge, a copy of the QUALIFIED DOMESTIC RELATIONS ORDER PROCEDURE from the Administrator. The second exception applies if you are involved with the Plan s administration. If you are found liable for any action that adversely affects the Plan, the Administrator can offset your benefits by the amount you are ordered or required by a court to pay the Plan. All or a portion of your benefits will be used to satisfy any such obligation to the Plan. Can the Plan be amended? Yes. The Employer may amend the Plan at any time. In no event, however, will any amendment authorize or permit any part of the Plan assets to be used for purposes other than the exclusive benefit of participants or their beneficiaries. Additionally, no amendment will cause any reduction in the amount credited to your account. What happens if the Plan is discontinued or terminated? The Employer may terminate the Plan at any time. Upon termination, no more contributions may be made to the Plan. The Administrator will notify you of any modification or termination of the Plan. How do I submit a claim for Plan benefits? You or your beneficiaries may make a request for any Plan benefits to which you believe you are entitled. Any such request should be in writing and should be made to the Administrator or investment provider. An investment provider may have specific forms for this purpose
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