If any benefit shall be payable under the Plan to or on behalf of a participant who has died, if the Plan provides that the payment of such benefits shall be made to the participant's estate, and if no administration of such participant's estate is pending in a court of proper jurisdiction, then the employer at its sole option, may pay such benefit to the surviving spouse of such deceased participant, or, if there is no such surviving spouse, to such participant's then living issue, per stirpes, provided, however, that nothing contained herein shall prevent the employer from insisting upon the commencement of estate administration proceedings and the delivery of any such benefits to a duly appointed executor or administrator.
(Ord. 2138. Passed 3-15-93.)