(A) An instruction (but not a claim for any kind of distribution or plan loan) is considered to be written or in writing and signed according to the following broad provisions, except as otherwise specified by a uniform written procedure adopted by the Plan Administrator.
(B) (1) Written or writing or in writing includes any intentional reduction to tangible form.
(2) Without limiting the comprehensive effect of subsection (B)(1) above, any of the following is a writing and all of the following rules of construction apply in determining what is a writing and who made the writing. Written or writing or in writing includes handwriting, typewriting, printing. Writing includes any copy or reproduction, including (but not limited to) a photocopy, of an original writing. Writing includes a telefacsimile transmission. Writing includes a videotape or audiotape recording, including a recording of a telephone conversation; and a person’s commencement or continuation of a conversation after the person is informed that the conversation is or may be recorded shall be deemed such person’s intent to reduce the conversation to writing. Anything that is the subject of a written confirmation is deemed to be in writing. Writing or written includes anything that is recognized as such by the Restatement of Contracts or the Uniform Commercial Code as then-currently published or adopted by the American Law Institute or the National Conference of Commissioners on Uniform State Laws. Writing or written includes anything that is recognized as such under § 2(9) of the federal Securities Act of 1933, as amended (15 U.S.C. § 77b(9)) or any rule or regulation thereunder. A writing made by a person who appears to be an agent or attorney-in-fact is the writing of the apparent principal unless the Plan Administrator has actual knowledge that no agency exists. The Plan Administrator, in his or her sole discretion, may construe any writing(s), and may combine separate writings, including writings that are not contemporaneous, so as to establish one integrated writing or instruction.
(C) (1) Signed or signature includes any symbol executed or adopted by a person with present intention to authenticate a writing.
(2) Without limiting the comprehensive effect of subsection (C)(1) above, any of the following is a signature and all of the following rules of construction apply in determining what is a signature and who signed. Authentication may be handwritten, typed, printed, stamped or otherwise written. A signature need not consist of the person’s legal name. A signature need not consist of the person’s entire name. A signature may be on any part of a writing (except as expressly limited below). A person who fills out a form in his or her own handwriting or typewriting has signed that form or writing. Anything that is the subject of a written confirmation is deemed to be signed if the recipient of the confirmation does not promptly object to the confirmation. For a conversation, a person’s use of his or her voice is a signature. For a conversation, a person’s compliance with the authentication procedure specified by the Plan Administrator or his or her agent is a signature. Signed or signature includes anything that is recognized as such for any purposes by the Restatement of Contracts or the Uniform Commercial Code as then-currently published or adopted by the American Law Institute or the National Conference of Commissioners on Uniform State Laws. A signature need not be contemporaneous to the writing that it authenticates. A signature made by a person who appears to be an agent or attorney-in-fact is the signature of the apparent principal unless the Plan Administrator has actual knowledge that no agency exists. A writing that includes a forgery at the place where a signature customarily would be made is not signed by any person other than the forger.
(D) Upon receiving anything that appears to be a writing, or anything that appears to be a signature or signed, the Plan Administrator shall not be liable or responsible to anyone to the extent that it acted without actual knowledge that the writing was false or that the signature was a forgery.
(Ord. NIRC 97-1, passed 1-15-1997)