AMENDMENT NUMBER SEVEN TO THE AMERICAN FEDERATION OF MUSICIANS AND EMPLOYERS’ PENSION PLAN (As Amended and Restated Effective as of January 1, 2002)
WHEREAS, on February 20, 2002, the Board of Trustees (the "Board") of the American Federation of Musicians and Employers’ Pension Fund adopted the American Federation of Musicians and Employers’ Pension Plan, as amended and restated effective as of January 1, 2002 (the "Plan"); and
WHEREAS, pursuant to Section 9.01 of the Plan, the Board reserves the right to amend the Plan at any time; and
WHEREAS, the Board now desires to amend the Plan to clarify the definition of the term "Eligible Spouse" and to provide for the payment of death benefits to certain individuals who do not qualify as "Eligible Spouses;"
NOW, THEREFORE, the Plan is hereby amended as follows effective as of January 1, 2004:
1. Article 1 ("Definitions"), Section 1.08 ("Beneficiary") is hereby amended by adding the following new sentence at the end of the last paragraph thereof:
"With respect to a pre-retirement death benefit for vested participants described in Section 7.03 payable to a Participant who does not have an Eligible Spouse at the time of death, the person of the same gender to whom the participant is legally married at the time of death, if any, shall be the Participant’s Beneficiary in the event there is no living primary or alternate Beneficiary duly designated by the Participant at the time of his or her death." 2. Article 1 ("Definitions"), Section 1.15 ("Eligible Spouse") is hereby amended to read as follows:
"In the case of a death benefit payable prior to a Participant’s Annuity Starting Date, the term "Eligible Spouse" shall mean the spouse to whom the Participant is legally married on his or her date of death. In the case of a pension benefit, the term "Eligible Spouse" shall mean the spouse to whom the Participant is legally married on his or her Annuity Starting Date. Notwithstanding the two preceding sentences, a Participant shall be deemed not to have an Eligible Spouse if (i) it is established to the satisfaction of the Plan Administrator that the Participant’s spouse cannot be located, (ii) the Participant and the Participant’s spouse are legally separated, or (iii) there is a court order confirming that the Participant’s spouse has abandoned the Participant. For purposes of this Section 1.15, a Participant’s "spouse" shall be only a person of the opposite gender." 3. Article 7 ("Payments on Death"), Section 7.03 ("Pre-Retirement Death Benefit for Vested Participants With Date of Death On or After January 1, 2004") is hereby amended by deleting the phrase "duly designated by the Participant" from the last sentence of subsection (b) thereof.
Adopted by the Board of Trustees: March 24, 2005
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