8.1 Pre-Retirement Death Benefit Eligibility

A Participant may be eligible for a Pre-Retirement Death Benefit under 8.2 and/or 8.3 for accruals earned under the Plan if they have not commenced benefits with respect to the accrued benefits in question and meet one of the following requirements at the time of death:

• Accrue at least 5 years of Vesting Service or
• Accrue 10 years of Total Credited Service including at least 2 years of Future Service Credit or
• They have attained Normal Retirement Age under section 3.1.

Otherwise if one of the above requirements 8.1(a)-(c) are not satisfied no Pre-Retirement Death Benefits are payable under this Plan whatsoever.

8.4 Waivers, Beneficiary Elections and Discharge of Obligations to Beneficiaries

If an Active or Inactive Vested Participant is married at the time of their death, their spouse is deemed to be the Participant's beneficiary and the applicable spouse receives the Qualified Pre-Retirement Survivor Annuity set forth in Section 8.2 for accruals earned under the Plan's Default Schedules and 8.3(a) or (b) for accruals earned under the Plan's Alternative Schedules. These Qualified Pre-Retirement Survivor Annuity benefits may not be waived by any pre-nuptial agreement. Waivers of these Qualified Pre-Retirement Survivor Annuity benefits are subject to the requirements of Internal Revenue Code Sections 401 and 417 and all related Regulations, including but not limited to Regulation 1.401(a)-20. Waivers must be on forms supplied by the Fund. A spouse's signature consenting to a waiver must be notarized. The waiver must name the non-spouse beneficiary who will receive the pre-retirement death benefit. A spouse's waiver may only be revoked with the written consent of the Participant. The non-spouse beneficiary may be changed by the Participant only with the notarized written consent of the spouse. The Participant may revoke the non-spouse beneficiary designation by execution of a form provided by the Fund. Upon revocation any then spouse of the Participant becomes the beneficiary of the pre-retirement death benefit subject to a subsequent spousal waiver by way of the process set forth above.

Any unmarried Participant may name any pre-retirement death benefit beneficiary of the Participant's choice. If an unmarried Participant subsequently marries any prior designation of beneficiary by the participant is automatically revoked as to all pre-retirement death benefits which may be payable by the Plan. An unmarried Participant may change the pre-retirement death benefit beneficiary at any time. However, if an unmarried Participant, or a married Participant whose spouse has consented to a waiver or elected another beneficiary, dies any benefits payable under Sections 8.3 shall be paid to the Participant's surviving children under the age of 21 in accord with Section 8.3 prior to any payment to any other designated or preference beneficiary. All beneficiary designations must be on forms provided by or approved by the Fund Office. All designations must be signed and dated by the Participant. All revocations, except automatic revocations, must be on forms supplied or approved by the Fund Offices and must be signed and dated.

Payments to surviving spouses, designated beneficiaries and preference beneficiaries fully discharge periodic death benefit amounts payable under the Plan unless a contrary claim is received by the Fund prior to the periodic payment. In cases of contested periodic payments the Fund may commence an appropriate proceeding including but not limited to interpleader actions. In any such court action the Fund's attorney fees and costs shall be paid from any contested periodic payments deposited with the court.

8.5 Preference Beneficiary of Participant:

1. If no beneficiary has been designated by a Participant or if the designated beneficiary predeceases the Participant, payment of any death benefit payable shall be made to the surviving person or persons in the first of the following classes of successor preference beneficiaries in which a member survives the Participant.
   1. His spouse;
   2. His children, including legally adopted children;
   3. His parents;
   4. His brothers and sisters.

In determining such person or persons, the Trustees may rely upon an affidavit by a member of any of the classes of preference beneficiaries. Payment based upon such affidavit shall be full acquittance of any benefit payable under the Plan unless, before the payment is made, the Trustees have received written notice of a valid claim by some other person. If two or more persons become entitled to benefits as preference beneficiaries, they shall share equally. If no preference beneficiaries survive the Participant, then no death benefit shall be payable, except to provide for necessary funeral expenses of the participant.

2. Preference Beneficiary of Spouse: If no beneficiary has been designated by a surviving spouse, or if the designated beneficiary predeceases the spouse, the preference beneficiary will be determined according to (a) above as if the spouse were a Participant.

8.6 Death Benefits Payable to a Minor

Any death benefit payable to a minor may be paid to the legally appointed guardian of the minor or, if there be no such guardian, to such adults as have, in the opinion of the Trustees, assumed the custody and principal support of said minor.

8.7 Compliance with Internal Revenue Code

In accord with the requirements of Internal Revenue Code Section 401(a)(9) and the regulations related thereto if a Participant dies before the Participant has begun to receive any distribution of their interest under the Plan and no benefits are payable to a surviving spouse in the form of a Qualified Pre-Retirement Survivor's Annuity or to the surviving children under age 21 then in that event the Participant's entire interest shall be distributed within 5 years of the Participant's death. The provisions of the Internal Revenue Code Section 401(a)(9) and related regulations override any distribution feature of this Plan which is inconsistent with that Section and related regulations. If no benefits are or will be payable to a surviving spouse in the form of a Qualified Pre-Retirement Survivor Annuity, no benefits are payable to a surviving child under age 21 and more than 60 guaranteed monthly benefits are then payable then during such period the total paid per month pro-rata per beneficiary shall be equal to the result of the number of guaranteed payments times the guaranteed monthly amount divided by 60.

The 5 year rule described above does not apply to Qualified Pre-Retirement Survivor Annuity payments payable to a surviving spouse who is, under the Plan, deemed to be the designated beneficiary of the Participant. For purposes of payments under the Plan to the Participant's surviving children under age 21 those children are deemed the designated beneficiaries of the Participant and any surviving spouse. Distributions to these designated beneficiaries shall, except as described below, commence within one year of the death which results in these distributions. Distributions to these designated beneficiaries shall be in accord with the Internal Revenue Code Section 401(a)(9) and applicable regulations and shall be for a period not extending beyond the life expectancy of these designated beneficiaries. These payments may continue for periods longer than five years.

A surviving spouse entitled to Qualified Pre-Retirement Survivor Annuity may elect to defer receipt of the annuity to a date no later than the date the deceased Participant would have attained 70 ½. If such a surviving spouse dies before their distribution begins and no benefits are payable to surviving children under age 21 the 5 year rule shall apply to the surviving spouse's guaranteed benefit (if any) effective with the date of the surviving spouse's death.

If a Participant or Pensioner is not married at the date of death and is not survived by a child under age of twenty-one, then, under the Plan, any death benefits are payable either to named beneficiaries or preference beneficiaries. If a Participant or Pensioner has no named beneficiary nor any surviving preference beneficiary then the only death benefits payable under the Plan is to provide for the necessary funeral expenses of the Participant or Pensioner in some instances. If such a named beneficiary fails to file a claim within one year of the Participant's death then that named beneficiary's share shall be paid pro-rata among any named beneficiaries who do file a claim within one year of the Participant or Pensioner's death. If no named beneficiary files a claim within one year of the Participant or Pensioner's death, then benefits shall be paid to preference beneficiaries under Article 8.5 as if no named beneficiary survived the Participant or Pensioner. If preference beneficiaries fail to file a claim within three years of the Participant's death then in that event the only death benefits payable shall be those payable under Article 8.5 as if no named beneficiaries nor any preference beneficiaries survive the Participant. Nothing in this Article shall impair the obligation of the Plan to pay appropriate QPSA and QJSA benefits.

8.8 Exclusion of Living Trusts as named Beneficiary

Due to the restrictions of the Internal Revenue Code the Plan does not permit Living Trusts to be a named beneficiary. This limitation does not prevent a beneficiary or Participant from requesting automatic deposit of periodic payments payable to the Participant or beneficiary into a bank account which is held by a Living Trust.

8.9 Compliance with Rehabilitation Plans

All provisions of this Article are subject to the limitations and restrictions of Article 17 which govern benefits first commencing on and after October 28, 2009.