§ 154-143. Miscellaneous.

(a)

Applicability of supplements. Except as otherwise provided in this subdivision, a prior plan participant shall have his eligibility for benefits, as well as the amount and commencement of such benefits, determined under the supplement applicable to the prior plan in which such individual is a participant.

(b)

Commencement of benefit payments after age 70½. The payment of benefits under the plan and trust to a participant must be made or begun not later than April 1 of the year following the calendar year in which he or she attains age 70½ or, if later, he or she terminates employment with the employer. All distributions under the plan and trust shall be made in accordance with section 401(a)(9) of the code and the regulations thereunder, including the minimum distribution incidental benefit requirements of proposed treasury regulation, section 1.401(a)(9)-2 (or any successor regulation), which provisions shall control in the event of any contrary provision of the plan and trust.

(c)

Payments for incompetents or minors. With respect to any person to whom a benefit is payable under the plan and trust, if the board of trustees is presented with satisfactory evidence that such person is unable to manage his affairs because he or she is either a minor or physically or mentally incapacitated and no guardian, committee, or other legal representative has been appointed for such person, the board of trustees shall direct that payment be made for the benefit of such person to any other person or entity deemed by the board of trustees to have assumed responsibility for the maintenance of such person otherwise entitled to payments. Any payment made pursuant to this subsection shall be a complete discharge of any liability under the plan and trust therefor.

(d)

Source of benefit payments. All benefit payments under the plan and trust shall be made solely from the assets of the trust fund.

(e)

Forfeiture of benefits. Notwithstanding any other provision of the plan, a participant's or other individual's benefits under the plan and trust shall be forfeited in the manner and to the extent provided under O.C.G.A. §§ 47-1-21—47-1-24 in the event of a conviction for the commission of a public employment, drug-related, or other covered crime.

(f)

Nonassignability of benefits. No participant or beneficiary shall be entitled to alienate, assign, sell, transfer, pledge, borrow on, or otherwise encumber any of his rights in any benefit or to any payment under the plan and trust.

(91-RC-669, § 4.12, 12-18-91)