§ 34.109 DISTRIBUTION TO INCOMPETENT PARTICIPANT OR BENEFICIARY.

   (A)   If a distribution is to be made to a participant or beneficiary that the Plan Administrator finds to be unable to manage property effectively for any reason, including (but not limited to) mental illness, mental deficiency, physical illness, physical disability, chronic use of drugs, chronic intoxication, confinement and detention by a foreign power or disappearance, any payment may be paid according to the terms of the applicable investment(s) (if any) or according to applicable investment law (if any), or the Plan Administrator may direct payment(s) according to the following order:

      (1)   As instructed by an appropriate court;

      (2)   To the duly appointed and currently acting legal guardian of the estate of the participant or beneficiary;

      (3)   To the duly appointed and currently acting conservator of the participant or beneficiary;

      (4)   To the duly appointed and currently acting attorney-in-fact under a durable power-of-attorney if the Plan Administrator finds that the power-of-attorney provides sufficient power to authorize the attorney-in-fact to receive the deferred compensation;

      (5)   To a responsible adult with whom the participant or beneficiary maintains his or her residence;

      (6)   To a responsible adult who is a relative of the participant or beneficiary;

      (7)   To any person determined by the Plan Administrator to be a proper recipient for the participant or beneficiary; and

      (8)   To the court having jurisdiction over the estate of the participant or beneficiary.

   (B)   This payment shall be in full satisfaction of all claims. The Plan Administrator has no duty to supervise or inquire into the application of any amount(s) so paid.

   (C)   If, at the time a distribution begins, the participant or beneficiary is an incompetent or incapacitated (as described above) and the Plan Administrator begins payments to another person under this section, the Plan Administrator may continue all payments under the distribution to the other person notwithstanding that the participant or beneficiary may have become competent or may have been adjudicated as competent, unless the participant or beneficiary files a written claim according to all of the requirements of the plan, including furnishing a satisfactory court order that he or she is competent to manage his or her deferred compensation.

(Ord. NIRC 97-1, passed 1-15-1997)