Section 2. Time and Manner of Distribution.

2.1 Required Beginning Date. The participant’s entire interest will be distributed, or begin to be distributed, to the participant no later than the participant’s required beginning date.

2.2A Death of Participant Prior to January 1, 2020, Before Distributions Begin. If the participant dies prior to January 1, 2020 and before distributions begin, the

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participant’s entire interest will be distributed, or begin to be distributed, no later than as follows:

(a) If the participant’s surviving spouse is the participant’s sole designated beneficiary, then, except as provided in the adoption agreement, distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the participant died, or by December 31 of the calendar year in which the participant would have attained age 70½, the applicable age, if later.

(b) If the participant’s surviving spouse is not the participant’s sole designated beneficiary, then, except as provided in the adoption agreement, distributions to the designated beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the participant died.

(c) If there is no designated beneficiary as of September 30 of the year following the year of the participant’s death, the participant’s entire interest will be distributed by December 31 of the calendar year containing the fifth anniversary of the participant’s death.

(d) If the participant’s surviving spouse is the participant’s sole designated beneficiary and the surviving spouse dies after the participant but before distributions to the surviving spouse are required to begin, this section 2.2A, other than section 2.2A(a), will apply as if the surviving spouse were the participant.

For purposes of this section 2.2A and section 4, unless section 2.2A(d) applies, distributions are considered to begin on the participant’s required beginning date. If section 2.2A(d) applies, distributions are considered to begin on the date distributions are required to begin to the surviving spouse under section 2.2A(a). If distributions under an annuity purchased from an insurance company irrevocably commence to the participant before the participant’s required beginning date (or to the participant’s surviving spouse before the date distributions are required to begin to the surviving spouse under section 2.2A(a)), the date distributions are considered to begin is the date distributions actually commence.

2.2B Death of Participant On or After to January 1, 2020, Before Distributions Begin. If the participant dies prior to January 1, 2020 and before distributions begin, the participant’s entire interest will be distributed, or begin to be distributed, no later than as follows:

(a) Participant Survived by a Designated Beneficiary Who is not an Eligible Designated Beneficiary. If there is a designated beneficiary who is not an eligible designated beneficiary as of September 30 of the year following the year of the participant’s death, the participant’s entire interest will be distributed by December 31 of the calendar year containing the tenth anniversary of the participant’s death.

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(b) Participant Survived by an Eligible Designated Beneficiary. If the participant is survived by an eligible designated beneficiary, the, except as provided in the adoption agreement, distributions to the eligible designated beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the participant died. However, if the participant’s spouse is the sole beneficiary, then the commencement of distributions may be delayed until December 31 of the calendar year in which the participant would have attained the applicable age, if later

(c) No Designated Beneficiary. If there is no designated beneficiary as of September 30 of the year following the year of the participant’s death, the participant’s entire interest will be distributed by December 31 of the calendar year containing the fifth anniversary of the participant’s death.

Note to reviewer: Treas. Reg. § 1.401(a)(9)-8(a) provides that the requirements of Code § 401(a)(9) are applied separately with respect to the separate interests of each of the employee's beneficiaries under the plan provided that the separate accounting requirements described therein are satisfied. Included among these requirements are that a separate accounting must allocate any post-death distribution with respect to a beneficiary's interest to the separate account of the beneficiary receiving that distribution. If separate accounting is provided for under the terms of the plan, each beneficiary is treated as the sole designated beneficiary with respect to their separately accounted for benefit. Under these rules, a participant’s status as an eligible designated beneficiary is separately determinable, thus determining whether any such beneficiary may elect to use their life expectancy for required minimum distribution purposes. If separate accounting is not applied, all beneficiaries will be subject to the same rule for required minimum distributions. This may require, for example, otherwise eligible designated beneficiaries to receive distributions under the 10-year rule, if their benefits are not separately accounted for from non-eligible designated beneficiaries.

2.3 Forms of Distribution. Unless the participant’s interest is distributed in the form of an annuity purchased from an insurance company or in a single sum on or before the required beginning date, as of the first distribution calendar year distributions will be made in accordance with sections 3 and 4 of this article. If the participant’s interest is distributed in the form of an annuity purchased from an insurance company, distributions thereunder will be made in accordance with the requirements of section 401(a)(9) of the Code and the regulations.