SIMPLE IRA
Employee Guide
Table of contents
1 | SIMPLE IRA Application
To open your SIMPLE IRA, complete the application and sign
in Section 7.
6 | SIMPLE IRA Custodial Agreement
This document should be read prior to opening the account.
It denes the provisions of the American Funds IRA.
12 | SIMPLE IRA Disclosure Statement
This document explains the nancial and tax consequences
of contributions to and distributions from the IRA.
Fund information
For a quick guide to fund names, numbers, minimums, and share class
restrictions, go to www.capitalgroup.com/fundguide.
Financial professional
If a signature guarantee is not required and you have prior approval from
both American Funds and your home ofce, you can complete and submit
these forms, signed electronically. Once the application has been signed,
you must print and deliver a copy of these forms to the IRA owner.
To establish your account:
1. Review the following
documents: the Summary
Description, which explains
eligibility requirements and plan
provisions; the Notification to
Eligible Employees, which
specifies your employer’s
contribution amount; fund
prospectuses; and this guide.
2. Determine how much of your
salary you want to save in your
SIMPLE IRA and which American
Funds you want to invest in.
Consult your plan’s financial
professional for assistance.
3. Complete the SIMPLE IRA
Application and any other
applicable forms. You’ll need to
list the American Funds you want
to invest in and what percentage
of your contributions you’d like
to invest in each ($25 minimum
per fund). Make a copy of the
application for your files.
4. On the Salary Deferral Election
provided by your employer,
indicate how much of your
salary you want to save in your
SIMPLE IRA.
5. Return all completed paperwork
to your employer.
01/21
Important account information
Eligibility
In general, if you expect to earn at least $5,000 in the current
calendar year AND you’ve earned at least $5,000 during any
two prior calendar years, you’re eligible to participate in your
company’s SIMPLE IRA plan. Your employer may have less
restrictive requirements, which would be outlined in your
plan’s Summary Description.
Your contributions
You decide how much of your pay, up to IRS limits,
*
you want
to contribute. Your contributions will be deducted directly
from your paycheck. You can make:
Before-tax contributions. Because you’re contributing
money from your paycheck before income taxes are
deducted, you reduce your annual taxable income in the
year the contributions are made. Before-tax contributions
allow your savings to accumulate tax-deferred. In other
words, you don’t pay taxes on what you save or on
your assets as they grow until you take the money out
at retirement.
Additional catch-up contributions. If you’re 50 or older,
you can contribute an additional amount
*
before taxes.
* Se e th e Disclosure Statement in the back of this guide for current
contribution limits.
Your employer’s contributions
As described in your plan’s Summary Description, your
employer will make one of two types of contributions:
Matching. Your employer may match any contributions you
make, dollar for dollar, up to 3% of eligible compensation.
Nonelective. Your employer may contribute up to 2% of
your eligible compensation to your SIMPLE IRA account —
regardless of whether you make any contributions. Review
the Notification to Eligible Employees for the maximum
compensation amount used to calculate contributions.
Vesting
The money that you and your employer contribute to the plan
is vested immediately — in other words, it’s yours to keep.
Your investment options
You’re in control: You select the American Funds you believe
are most appropriate for your financial needs and goals. When
choosing your investments, it’s a good idea to consult your
financial professional.
Monitoring your account
You can monitor your investment results with:
• Your quarterly statement
• The American Funds 24-hour automated phone service
at
(
800
)
325-3590
www.capitalgroup.com
Making changes to your account
You’ll receive a welcome package including your new
account number. Once you receive it, we encourage you to
visit www.capitalgroup.com/getstarted to set up online
account access.
This will enable you to:
• Sell and exchange shares online
• View current and past account balances as well as dividend
and capital gain information
• Manage your account information
• Sign up for electronic delivery of tax forms, annual and
semiannual reports, quarterly statements and prospectuses
Withdrawals
Any money you take out of your SIMPLE IRA is subject to
ordinary income tax, and if you withdraw the money before you
reach 59½, a 10% federal tax penalty may apply. If withdrawals
are made during the first two years of participation in the plan
and you’re under 59½, a 25% tax penalty may apply.
To learn more about your SIMPLE IRA plan, please contact
your employer or your plan’s financial professional.
Have questions?
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SIMPLE IRA
Application
To be completed by employer
( )
Ext.
Name of company Employer contact Daytime phone
Company address City State ZIP
Check A or B.
A.
New plan (must be accompanied by a copy of the employer’s completed and signed SIMPLE IRA Adoption Agreement)
B.
Existing plan (provide Plan ID for reference)
To be completed by employee
1
Information about you
Important: This section must be completed, and the application must be signed in Section 7 before an account can be established.
Please type or print clearly.
SSN of SIMPLE IRA owner Date of birth (mm/dd/yyyy) Country of citizenship of SIMPLE IRA owner
First name MI Last
Residence address (physical address required — no P.O. boxes
) City State ZIP
Mailing address (if different from residence address) City State ZIP
( )
Email address* Daytime phone
* Your privacy is important to us. For information on our privacy policies, visit www.capitalgroup.com.
Virginia Service Center
American Funds Service Company
P.O. Box 2560
Norfolk, VA 23501-2560
Overnight mail address
5300 Robin Hood Rd.
Norfolk, VA 23513-2430
Fax (888) 421-4371
Please mail or
fax this form to
the appropriate
service center.
(If you live outside
the U.S., mail the
form to the Indiana
Service Center.)
If you have questions or require more information, contact your nancial professional or call American Funds Service Company at
(
800
)
421-4225.
Indiana Service Center
American Funds Service Company
P.O. Box 6164
Indianapolis, IN 46206-6164
Overnight mail address
12711 N. Meridian St.
Carmel, IN 46032-9181
Fax (888) 421-4371
Clear and reset form
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SIMPLE IRA
Application
2
Financial professional
This section must be lled out completely by the nancial professional(s).
We authorize American Funds Service Company
(
AFS
)
to act as our agent for this account and agree to notify AFS of purchases made under
a Statement of Intention or Rights of Accumulation. If applicable, we have provided a copy of our SEC Form CRS to the investor named on
this application.
( )
Ext.
Name
(
s
)
of nancial professional
(
s
)
Professional/team ID # Branch number Daytime phone
Branch address City State ZIP
X
Name of broker-dealer rm
(
as it appears on the Selling Group Agreement
)
Signature of person authorized to sign for the broker-dealer — required
3
Investment instructions
I elect to invest my contributions in Class A shares of the American Funds Target Date Retirement Series
®
fund with the year
closest to my 65th birthday unless I complete the SIMPLE IRA Transfer Election form or elect otherwise below.
If you wish to systematically transfer your contributions to another custodian, investments must be in the money market fund.
You'll need to complete the SIMPLE IRA Transfer Election form, available from your nancial professional.
A.
Invest 100% of my contributions in Class A shares of the American Funds Target Date Retirement Series
®
fund with the year closest
to my 65th birthday. New funds for future retirement dates may be added to the series as needed.
Target Date Fund 2065
(designed for those born 1998 or later) Target Date Fund 2035 (designed for those born 1968–1972)
Target Date Fund 2060 (designed for those born 1993–1997) Target Date Fund 2030 (designed for those born 1963–1967)
Target Date Fund 2055 (designed for those born 1988–1992) Target Date Fund 2025 (designed for those born 1958–1962)
Target Date Fund 2050 (designed for those born 1983–1987) Target Date Fund 2020 (designed for those born 1953–1957)
Target Date Fund 2045 (designed for those born 1978–1982) Target Date Fund 2015 (designed for those born 1948–1952)
Target Date Fund 2040 (designed for those born 1973–1977) Target Date Fund 2010 (designed for those born 1947 or earlier)
OR
B.
Invest my contribution as instructed below. For a quick guide to fund names, numbers, minimums and share class restrictions, go to
www.capitalgroup.com/fundguide. If you do not select a share class, this investment will be placed in Class A shares. (The percentage
you elect must equal the minimum of $25 per fund. You may customize your investment strategy by selecting a combination of funds.)
Select a share class:
Class A OR
Class C
Fund name or number Percentage Fund name or number Percentage
(whole % only) (whole % only)
% %
% %
% %
Total %
Notes: To make changes to your fund selections and/or percentage allocations in the future, notify your employer.
To rebalance funds or set up an automatic exchange plan, visit www.capitalgroup.com.
To add bank information for future redemption requests, include a completed Add/Update Bank Information form.
The $10 setup fee will be deducted from your account.
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SIMPLE IRA
Application
4
Beneciarydesignation
We encourage you to consult a professional regarding the tax-law and estate planning implications of your beneciary designation. All stated
percentages must be whole percentages
(
e.g., 33%, not 33.3%
)
. If the percentages do not add up to 100%, each beneciary’s share will be based
proportionately on the stated percentages. When percentages are not indicated, the beneciaries’ shares will be divided equally.
Notes: Your spouse may need to sign in Section 6. If you wish to name more than one trust or entity, customize your designation or need
more space, attach a separate page. Include the name, address, relationship, date of birth or trust, SSN/TIN and percentage for
each beneciary.
If you name a trust as beneciary, provide the full legal name of the trust. Example: “The Davis Family Trust.
A. Primary Beneciary
(
ies
)
: If any designated Primary Beneciary
(
ies
)
dies before I do, that beneciary’s share will be divided proportionately
among the surviving Primary Beneciaries unless otherwise indicated. If no Primary Beneciaries survive me, assets will be paid to the
named Contingent Beneciaries, if any.
1.
First name (print) MI Last name Sufx
OR
Name of trust or other entity (print)
Address City State ZIP
□ □ %
Spouse* Child of owner Other person Trust Other entity Date of birth or trust
(
mm/dd/yyyy
)
SSN/TIN Whole % only
2.
First name (print) MI Last name Sufx
Address City State ZIP
%
Spouse* Child of owner Other person Date of birth
(
mm/dd/yyyy
)
SSN Whole % only
3.
First name (print) MI Last name Sufx
Address City State ZIP
%
Spouse* Child of owner Other person Date of birth
(
mm/dd/yyyy
)
SSN Whole % only
4.
First name (print) MI Last name Sufx
Address City State ZIP
%
Spouse* Child of owner Other person Date of birth
(
mm/dd/yyyy
)
SSN Whole % only
* By naming my spouse as a beneciary, I elect to treat such spouse as a beneciary while we are married. Effective immediately upon the divorce, annulment
or other lawful dissolution of my marriage, the designation shall be null and void, unless after the dissolution of my marriage I afrmatively elect to name my
former spouse as my non-spouse beneciary.
Continued on next page
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SIMPLE IRA
Application
4
Beneciarydesignation
(continued)
Important: Section 4-A must be completed prior to completing Section 4-B.
B. Contingent Beneciary
(
ies
)
: If no Primary Beneciary survives me, pay my benets to the following Contingent Beneciary
(
ies
)
.
If any designated Contingent Beneciary
(
ies
)
dies before I do, that beneciary’s share will be divided proportionately among the surviving
Contingent Beneciaries unless otherwise indicated. If no Contingent Beneciaries survive me, assets will be paid according to the
Custodial Agreement default designation.
1.
First name (print) MI Last name Sufx
OR
Name of trust or other entity (print)
Address City State ZIP
□ □ %
Spouse* Child of owner Other person Trust Other entity Date of birth or trust
(
mm/dd/yyyy
)
SSN/TIN Whole % only
2.
First name (print) MI Last name Sufx
Address City State ZIP
%
Spouse* Child of owner Other person Date of birth
(
mm/dd/yyyy
)
SSN Whole % only
3.
First name (print) MI Last name Sufx
Address City State ZIP
%
Spouse* Child of owner Other person Date of birth
(
mm/dd/yyyy
)
SSN Whole % only
4.
First name (print) MI Last name Sufx
Address City State ZIP
%
Spouse* Child of owner Other person Date of birth
(
mm/dd/yyyy
)
SSN Whole % only
5.
First name (print) MI Last name Sufx
Address City State ZIP
%
Spouse* Child of owner Other person Date of birth (mm/dd/yyyy) SSN Whole % only
* By naming my spouse as a beneciary, I elect to treat such spouse as a beneciary while we are married. Effective immediately upon the divorce, annulment
or other lawful dissolution of my marriage, the designation shall be null and void, unless after the dissolution of my marriage I afrmatively elect to name my
former spouse as my non-spouse beneciary.
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SIMPLE IRA
Application
5
Declinetelephoneandwebsiteexchangeand/orredemptionprivileges (optional)
Telephone and website exchange and redemption privileges will automatically be enabled on your account unless you decline below.
To decline these privileges, read the individual statements and check the applicable box(es).
Note:
If either option is declined, no one associated with this account, including your nancial professional, will be able to request exchanges
or redemptions by telephone or via the website. Requests would need to be submitted in writing.
Exchanges: I DO NOT want the option of using the telephone and website exchange privilege.
Redemptions: I DO NOT want the option of using the telephone and website redemption privilege.
6
Spousalconsenttobeneciarydesignationifrequired
If you are married to the IRA owner and he or she designated a Primary Beneciary
(
ies
)
other than you, please consult your nancial professional
about the state-law and tax-law implications of this beneciary designation, including the need for your consent.
I am the spouse of the IRA owner named in Section 1, and I expressly consent to the beneciary(ies) in Section 4 or attached.
X
/ /
Name of spouse of IRA owner
(
print
)
Signature of spouse of IRA owner Date
(
mm/dd/yyyy
)
7
Yoursignature
I hereby establish an American Funds SIMPLE IRA, appoint Capital Bank and Trust Company
SM
(CB&T) as Custodian and acknowledge
that I have received, read and agree to the SIMPLE IRA Custodial Agreement. I understand that I and all shareholders at my address will
receive one copy of fund documents (such as annual reports and proxy statements) unless I opt out by calling (800) 421-4225.
I have read and agree to the terms of the current prospectus(es) of the funds selected in the investment instructions section and consent
to the $10 setup fee and the annual custodial fee (currently $10). I understand that any dividends and capital gains will be reinvested for
all my fund selections. I understand that amounts invested may not be redeemed for 7 business days.
I agree to the conditions of the telephone and website exchange/redemption authorization unless I checked the box(es) in Section 5 and
agree to indemnify and hold harmless CB&T; any of its afliates or mutual funds managed by such afliates; and each of their respective
directors; ofcers; employees; and agents for any loss, expense or cost arising from such instructions once the telephone and website
exchange and redemption privileges have been established.
I certify, under penalty of perjury, that my Social Security number in this application is correct. I authorize the nancial professional assigned
to my account to have access to my account and to act on my behalf with respect to my account. If applicable, I acknowledge that I have
received and read a copy of my nancial professional's SEC Form CRS. I designate the beneciary(ies) specied in this application and certify
that, if I am married and have not named my spouse as Primary Beneciary, I have consulted my nancial professional about the need for
spousal consent. If no beneciary is named, the Custodial Agreement default will apply.
I understand that to comply with federal regulations, information provided on this application will be used to verify my identity. For example,
my identity may be veried through the use of a database maintained by a third party. If CB&T is unable to verify my identity, I understand
it may need to take action, possibly including closing my account and redeeming the shares at the current market price, and that such action
may have tax consequences, including a tax penalty.
If this document is signed electronically, I consent to be legally bound by this document and subsequent terms governing it. The electronic copy
of this document should be considered equivalent to a printed form in that it is the true, complete, valid, authentic and enforceable record of the
document, admissible in judicial or administrative proceedings. I agree not to contest the admissibility or enforceability of the electronically stored
copy of this document.
X
/ /
Signature of SIMPLE IRA owner Date (mm/dd/yyyy)
For fax and mailing instructions, see the maps on page 1.
This document may not be signed using Adobe Acrobat Reader’s "ll and sign" feature.
This document may not be signed using Adobe Acrobat Reader’s "ll and sign" feature.
SIMPLE IRA
Custodial Agreement
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Section 1 — Denitions
As used in this Custodial Agreement (“Agreement”)
and the related Application, the following terms shall
have the meaning set forth below unless a different
meaning is plainly required by the context:
(a) “Account means the SIMPLE IRA established
under this Agreement. “SIMPLE IRA” means the
Account established in accordance with Code
§408(p), which is designated as a SIMPLE IRA
upon establishment and which shall at all times
be nonforfeitable.
(b) “Application” means the accompanying
instrument executed by or on behalf of the
Participant (or in the case of a minor, by the
parent or legal guardian of the Participant)
under which the Participant establishes the
Account as a SIMPLE IRA.
(c) “Beneciary” or “Beneciaries,” unless
preceded by the words “Primary,” “Contingent,”
Designated,” “Original” or “Subsequent,” means
the person or entity (including a trust or estate)
designated on the form described in Section 8(a),
or otherwise entitled to receive the Account after
the death of the Participant. “Primary Beneciary
means the beneciary designated by the
Participant to receive the Account after the death
of the Participant. “Contingent Beneciary” means
the beneciary designated by the Participant to
receive the Account after the death of the
Participant provided that no Primary Beneciary
survives the Participant. “Designated Beneciary
means the person whose life expectancy is used
for the measuring period for required minimum
distributions under Section 8 of this Agreement.
“Original Beneciary” and “Subsequent
Beneciary” are dened in Section 8(m)
of this Agreement.
(d) “Child” or “Children” means the descendants
in any degree of the designated person and
include legally adopted children who are adopted
during their minority only and descendants of
such legally adopted children.
(e) “Code” means the Internal Revenue Code of
1986, as amended.
(f) “Compensation” shall have the meaning as
dened under the provision of the SIMPLE IRA
Plan as established by the employer.
(g) “Custodian means Capital Bank and Trust
Company or any successor thereto.
(h) “Disabled” means disabled as dened in
Code §72(m)(7).
(i) “Fund means shares of one or more of the
investment companies for which the Custodian
or an afliate serves as investment adviser.
(j) “Issue” of a person means all of his or her
lineal descendants of all generations.
(k) “Participant means any employee of an
employer who has met the eligibility
requirements for participation in the plan
and who establishes a SIMPLE IRA under
this Agreement.
(l) “Required Beginning Date” means April 1
following the calendar year in which the
Participant reaches age 70½.
assets from another SIMPLE IRA the Participant
may have. No other contributions will be
accepted.
(b) Transfer. Prior to the expiration of the two-year
period beginning on the date the Participant rst
participated in any SIMPLE IRA Plan maintained
by the Participant’s employer, the Participant may
transfer all or any portion in his or her Account
into a SIMPLE IRA. After the expiration of this
two-year period, the Participant may transfer or
roll over funds to any IRA of the Participant that
is qualied under Code §408(a), (b), (p), 408(A),
or to another eligible retirement plan described
in Code §402(c)(8)(B).
A rollover or trustee-to-trustee transfer from this
SIMPLE IRA into another IRA or annuity before
two years of participation will not be considered a
valid rollover or tax-free transfer, but a distribution
from this SIMPLE IRA and a contribution to the
other IRA or annuity that does not qualify as a
rollover contribution.
(c) Rollover and Transfer Contributions in Cash
or Shares. Rollover and Transfer Contributions
must be received by the Custodian in the form
of cash, Fund shares or any combination thereof.
The Custodian may require that each Rollover
and Transfer Contribution be accompanied by
a properly completed transmittal form provided
by the Custodian.
Section 4 — Investment of Account
(a) Investment Instructions. Pursuant to the
Participant’s written instructions, or the written
instructions of the employer on behalf of the
Participant under a SIMPLE IRA Plan, each
cash contribution to the Account shall be applied
to the purchase of shares of the Fund or Funds
designated by the Participant or the Employer on
behalf of the Employee at the applicable offering
price in accordance with the terms of such Fund’s
prospectus or any other investment permitted
under Code §408 or 408A, that is acceptable to
the Custodian. If a Fund is designated but there
is no share class indicated, the default will be
A shares. The Participant, or if the Participant
is deceased, the Beneciary, may from time to
time change the designation of the investments
of Account assets hereunder and may instruct
the Custodian to exercise the exchange privilege
set forth in the Fund’s prospectus.
(b) Reinvestment of Dividends and Capital Gain
Distributions. All dividends and capital gain
distributions shall be reinvested. Once the
Participant has reached age 59½, the Participant
may request that dividends and capital gain
distributions be distributed from the Account.
(c) Life Insurance Contracts. No part of an Account
shall be invested in life insurance contracts.
(d) Account Assets. The assets of the Account will
not be commingled with other Custodian property
and the purchase of Fund shares shall not be
considered commingling.
(m) “Rollover Contribution” means an amount
contributed to the Account that is derived from:
(i)
all or any portion of a distribution from
another SIMPLE individual retirement
account established under Code §408(p);
(ii)
all or any portion of a distribution from
another individual retirement account
established under Code §408(a) or an
individual retirement annuity established
under Code §408(b) (but not from a Roth
individual retirement account established
under Code §408A) which is made after the
two-year period described Code §72(t)(6); or
(iii) all or any portion of an eligible rollover
distribution as dened in Code §§402(c),
403(a)(4), 403(b)(8), or 457(e)(16) and the
regulations thereunder which is made after
the two-year period described in section
Code §72(t)(6).
Such Rollover Contributions must be paid
into the Account not later than the 60th day
following the receipt of such distribution by
the Participant. If property other than money is
distributed from a plan, the Rollover Contribution
may consist of the property distributed, subject
to the consent of the Custodian. Alternatively,
the property may be sold and its proceeds rolled
over. The Participant can make only one rollover
from an IRA to another (or the same) IRA in any
12-month period, regardless of the number of
IRAs owned. This limit will apply by aggregating
all of a Participant’s IRAs, including SEP and
SIMPLE IRAs as well as traditional and Roth
IRAs, effectively treating them as one IRA for
purposes of the limit.
(n) “Taxable Year” is the Participant’s tax year for
federal income tax purposes.
Section 2 — Establishment of Account
By executing the Application, the Participant thereby
establishes the Account, which shall hold all assets
deposited with the Custodian, for the exclusive benet
of the Participant and the Participant’s Beneciaries.
A parent or legal guardian may execute the
Application on behalf of a Participant who is a minor.
In the event a SIMPLE IRA is established for a
minor, the parent or legal guardian is authorized,
on behalf of such minor, to take whatever actions
are afforded the Participant of the SIMPLE IRA
under the terms of this Agreement. The parent or
legal guardian, by establishing an Account on behalf
of a minor, agrees to indemnify and hold harmless
the Custodian and its afliates from any losses
including court costs and reasonable attorney fees
incurred by the Custodian or its afliates as a result
of establishing the Account in the name of the minor.
Section 3 — Contributions and Transfers
(a) Maximum Permissible Amount. This SIMPLE
IRA will accept only cash contributions made by
an employer on behalf of the Participant under a
SIMPLE IRA Plan that meets the requirements
under Code §408(p) and any rollover contribution
dened in Section 1(m) above or a transfer of
Please retain for your records.
Internal Revenue Service Letter Serial No. K101971b
SIMPLE IRA
Custodial Agreement
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incurred by the Custodian in the performance of its
duties, including fees for legal services rendered
to the Custodian, shall either be reduced from
contributions and charged to the Account, or shall
be paid by redeeming or surrendering the necessary
assets credited to the Account, unless otherwise
paid by the Participant, but until paid shall constitute
a lien upon the assets of the Account.
Section 7 — Withdrawal of Account
Assets
(a) Taxation of Withdrawals From SIMPLE IRAs.
The same tax results apply to distributions from
a SIMPLE IRA as to an IRA described in Code
§408(a) or (b). Any withdrawals made from the
Participant’s Account are includable in the
Participant’s gross income.
(b) Premature Distribution Penalties. A special
rule applies to a payment or distribution received
from a SIMPLE IRA during the two-year period
beginning on the date on which the Participant
rst participated in any SIMPLE IRA Plan
maintained by the Participant’s employer.
Under this special rule, the additional tax on early
distributions under Code §72(t) provides that the
rate of additional tax is increased from 10% to
25%. If one of the exceptions, listed below, to
the application of tax under Code §72(t) applies,
the exception also applies to distributions made
within the two-year period and the 25% additional
tax does not apply.
(c) Exceptions to Premature Distribution
Penalties. A distribution of all or part of the
Account may be made to the Participant upon
the Participant’s request; however, tax penalties
apply to amounts included in income that are
treated as premature distributions, other than:
(i)
payments that are part of a series of
substantially equal periodic payments
that may be based on, but not limited to,
the following three methods: life expectancy,
amortization (using a rate between 80% and
120% of the long-term applicable federal
rate) or annuitization (using an acceptable
mortality table including but not limited to
UP84, ’83 IAM or Annuity 2000);
(ii)
the return of excess contributions;
(iii) payments for certain catastrophic
medical expenses;
(iv)
payments made after an extended
period of unemployment to cover health
insurance premiums;
(v)
payments made to a Participant who
has reached age 59½ or is Disabled;
(vi) payments made on account of the death
of the Participant;
(vii)
payments for expenses associated with
a rst-time home purchase in accordance
with subparagraph (F) of Code §72(t)(2);
(viii)
payments for post-secondary education
costs of the immediate family members
and grandchildren of the Participant; or
(ix)
a levy under Code §6331.
If the Participant should become Disabled, the
Account may be distributed to the Participant
commencing as of the date of determination of
such disability.
Section 5 — The Custodian
(a) Share Accumulation Accounts and
Systematic Withdrawals. The Custodian,
or its designated agent (“Agent”), is authorized
to establish share accumulation accounts and
systematic withdrawal plans (as described in
the prospectus of the Fund, and as customarily
entered into with other shareholders of the Fund)
for the purpose of receiving and investing the
contributions made hereunder and reinvesting
income dividends and capital gain distributions.
The Custodian is not liable for any act or failure
to act of such Agent.
(b) Safekeeping of Assets. The Custodian is
authorized to deposit certicates for shares with
itself or the Agent for the purpose of safekeeping
or otherwise or to permit shares to be credited
to the Custodian. The Custodian shall not be
obligated to secure certicates for such shares
and in its discretion may permit such certicates
to remain unissued. Fund shares and other
assets acquired by the Custodian shall be
owned by and registered in the name of the
Custodian or its registered nominee.
(c) Authority to Sell. The Custodian is authorized
to sell or redeem shares at the direction of the
Participant, the Beneciary or the legal
representative of the Participant or Beneciary.
(d) Statements of Account. Periodically the
Custodian shall furnish to the Participant,
or the Beneciary of a deceased Participant,
a statement of the Account, showing amounts
invested or redeemed and the number and price
of such shares. The Custodian shall furnish an
annual calendar-year statement to the Participant
or Beneciary setting forth receipts, investments,
disbursements, and other transactions. Upon
expiration of 45 days after forwarding such
statement, the Custodian shall be forever
released and discharged from all liability and
accountability to anyone with respect to its acts,
transactions, duties, obligations, or responsibilities
as shown in or reected by such statement,
except with respect to any such acts or
transactions as to which the Participant or
Beneciary shall have led written objections
with the Custodian within such 45-day period.
(e) Notices and Proxies. The Custodian shall
furnish to the Participant, either directly or
indirectly, notices, prospectuses, nancial
statements, proxies, and proxy-soliciting
materials relating to all assets credited to the
Account. Any notication to the Participant
provided for under this Agreement shall be
effective if sent by rst class mail to the
Participant’s last address of record. The
Custodian shall vote any shares held in the
Account in accordance with the timely written
instructions of the Participant. If the Custodian
receives no such written instructions from the
Participant, the Custodian may vote the shares
of each fund held in the Account in the same
proportion as the votes of the other shareholders
of the fund(s) held in the Account.
(f) Government Reports. The Custodian shall le
such reports relating to the Account with the
appropriate government agency as the Custodian
is required to le by law. The Participant shall
furnish to the Custodian the information
necessary to complete such reports.
(g) No Liability for Investments. The Custodian
shall not be liable to the Participant or
Beneciaries for any depreciation or similar
loss of assets or for the failure of the Account to
produce any or larger net earnings. The Custodian
shall not be liable for any act or failure to act of
itself, its agents, employees or attorneys, so
long as it exercises good faith, is not guilty
of negligence or willful misconduct, and has
selected such agents, employees and attorneys
with reasonable diligence.
The Custodian shall have no responsibility for
the determination or verication of the offering
or redemption prices or net asset values of Fund
shares, and shall be entitled to rely for such
prices and net asset values upon statements
issued by or on behalf of the Fund.
The Custodian shall have no duty to inquire into
the investment practices of the Fund; the Fund
shall have the exclusive right to control the
investment of its assets in accordance with its
stated policies; and the investments shall not be
restricted to securities of the character now or
hereafter authorized for trustees by law or rules
of court. The Custodian shall not be liable or
responsible for any omissions, mistakes, acts or
failures to act of the Fund, or their successors,
assigns or agents.
(h) No Liability for Contributions and
Distributions. The Custodian shall not be
responsible in any way for the purpose or
propriety of any distribution made pursuant to
instructions satisfactory to the Custodian, the
collection of contributions provided for hereunder,
or any action or nonaction taken pursuant to the
request of the Participant, Beneciary or legal
representative of the Participant. The Custodian
shall have no duty to determine whether
contributions satisfy the applicable limits
referenced in Section 3 of this Agreement.
The Custodian shall have no obligation to
determine the amount of any excess contribution
and the net income attributable thereto. If the
Participant has authorized telephone exchanges
under the Application or other form provided
by the Custodian, the Custodian may make
investment exchanges for this Account or any
other account with the same registration in
accordance with the instructions received from
any person by telephone, telecopier or other
electronic means and shall have no obligation
to question any instructions so received or
liability for the transactions it performs pursuant
to such instructions.
The Custodian will provide to the Participant
information concerning required minimum
distributions as prescribed by the Commissioner
of Internal Revenue.
Section 6 — Fees and Expenses
The Custodian shall receive fees for its services
hereunder in such amount as it shall establish from
time to time, including, but not limited to, services
rendered for the processing of distribution requests
and Beneciary claims. In addition, the Custodian
shall receive reasonable fees for any unusual or
special services rendered. The compensation of the
Custodian, any transfer taxes incurred in connection
with the investment and reinvestment of the assets
of the Account, and all administrative expenses
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is more than 10 years younger than the
Participant, then the distribution period is
determined under the Joint Life and Last
Survivor Expectancy Table in Q&A-3 of
§1.401(a)(9)-9 of the Federal Income Tax
Regulations, using ages of the Participant’s
and spouse’s birthday in the year.
(d) Required Distributions After
Participant’s Death.
(i)
Minimum Distributions to Beneciaries
if Participant Dies Before the Required
Beginning Date. Upon the death of the
Participant before his or her Required
Beginning Date, the Beneciary or
Beneciaries may elect to receive minimum
distributions from the Account as follows:
a.
Nonspouse Beneciary Is Designated
Beneciary; or Spouse Beneciary Is
Not Sole Designated Beneciary
If the Designated Beneciary is not
the spouse of the Participant, or if the
spouse of the Participant is a Beneciary
but not the sole Designated Beneciary,
then the Beneciary may elect to
receive minimum distributions over the
life expectancy of the Designated
Beneciary commencing no later than
December 31 of the year following the
year of the Participant’s death.
b.
Spouse Beneciary Is Sole Designated
Beneciary — If the sole Designated
Beneciary is the spouse of the
Participant, then such spouse may elect:
1.
To receive minimum distributions
over the spouse’s life expectancy
commencing no later than
December 31 of the year following
the year of the Participant’s death,
or December 31 of the year in which
the Participant would have reached
age 70½. If the surviving spouse dies
before distributions are required to
begin, the remaining interest will be
distributed to the spouse’s Beneciary
or Beneciaries in accordance with
subparagraph a. of this Section 8(d)(i),
as if the spouse were the Participant.
If the surviving spouse dies after
distributions are required to begin,
any remaining interest in the Account
will be distributed over the spouse’s
remaining life expectancy determined
using the spouse’s age as of his or
her birthday in the year of the
spouse’s death;
2.
To receive minimum distributions in
accordance with subparagraph c. of
this Section 8(d)(i); or
3.
To treat the Account as his or her
own. This election is deemed to
be made if such spouse makes a
contribution to the Account or fails
to take required minimum
distributions as the Beneciary in
any year following the year of the
Participant’s death.
(d) Excess Contributions to Account. If the
employer contributes on behalf of the Participant
more than allowed with respect to a Taxable Year,
the Participant must notify the Custodian to return
to the Participant the excess contribution,
together with any investment earnings on that
amount, or to apply the excess contribution as a
contribution for the Participant’s next succeeding
Taxable Year. The Participant must notify the
Custodian in writing prior to the date on which
the Participant les, or is required to le, the
Participant’s income tax return for the Taxable
Year for which the excess contribution was made.
(e) Transfer of Contributions Without Cost
or Penalty. If the Custodian is the designated
nancial institution of the employer’s SIMPLE
IRA Plan, a Participant may transfer his or her
contributions to another custodian or trustee
without cost or penalty by notifying the Custodian
when the Participant initially establishes his or
her SIMPLE IRA account, or at any other time,
on a form acceptable to the Custodian. Such
transfer will be without cost or penalty if the
contributions have been at all times invested
in the Class A or F-2 shares of American Funds
U.S. Government Money Market Fund
SM
(“MMF”)
or such other class of shares or fund as the
Custodian may designate. If the Custodian is
not the designated nancial institution of the
employer’s SIMPLE IRA Plan, a Participants
transfer may result in the imposition of the
charges described in the prospectus of
the Fund.
Section 8 — Distributions to Participant
and Participant’s Designated
Beneciaries
(a) Beneciary Designations.
(i) Participants Right to Designate or Change
Beneciary. The Participant shall have the
right to designate or change a Beneciary
to receive any benet from the Account to
which such Participant may be entitled in
the event of the Participant’s death prior to
complete distribution of the Account. If no
such designation is in effect at the time of
the Participant’s death, the Participant’s
Beneciary shall be the Participant’s spouse
or, if none, the Participant’s children, equally.
If any child does not survive the Participant,
then the deceased child’s share will be
distributed to his or her children (the
Participant’s grandchildren), equally or, if
none, the surviving children equally. If none
of the foregoing survives the Participant, the
Beneciary will be the Participant’s estate.
(ii) Required Form of Beneciary Designation.
The Participant may designate or change a
Beneciary only by signed written notice to,
and in a form acceptable to, the Custodian,
but the Custodian shall have no responsibility
to determine the validity of such beneciary
designation. The designation or change will
take effect as of the date the written notice
was executed, provided that the designation
or change is delivered to the Custodian prior
to the Participant’s death. The beneciary
designation form shall be used solely for
the purpose of designating a Beneciary
or Beneciaries.
(iii) Good Faith Payment by Custodian. The
Custodian shall be relieved of any liability
for making any payment in good faith to
any person or entity that claims to be a
Beneciary. The Custodian shall be entitled
to rely without liability on written notice from
the Participant’s personal representative or
any Beneciary as to the identity of the
Beneciaries of the Participant at the time
of the Participant’s death.
(b) Distributions Before Required Beginning
Date. Before the Required Beginning Date, but
only in a form acceptable to the Custodian, the
Participant may elect to have the balance in the
Account distributed in one of the following forms:
(i)
a single sum payment;
(ii) payments over the life of the Participant;
(iii) payments over the lives of the Participant
and his or her Beneciary; or
(iv)
payments over a specied period.
(c) Required Distributions During
Participant’s Lifetime.
(i)
Timing of Distributions. The rst payment
of a required distribution is not due until
the Participant’s Required Beginning Date.
If the Participant takes the rst required
distribution in the year of his or her Required
Beginning Date, another distribution is
required by December 31 of the year
containing the Required Beginning Date.
In this event, the Participant may receive
two required distributions in the rst year
distributions begin. If the Participant takes
the rst required distribution in the year in
which he or she reaches 70½, the Participant
need only take one distribution in the year
in which his or her Required Beginning
Date occurs. For each succeeding year,
a distribution must be made on or before
December 31. Distributions under this
section are considered to have begun if
the distributions are made on account of
the Participant reaching his or her Required
Beginning Date. If the Participant dies prior
to the Required Beginning Date, distributions
will not be considered to have begun even if
the Participant receives distributions before
the Participant’s death.
(ii) Method of Calculating Lifetime Minimum
Distributions. The minimum amount to be
distributed each year (commencing with the
Required Beginning Date and each year
thereafter, up to and including the year of the
Participant’s death) shall not be less than
(and may be more if requested in writing
by the Participant) an amount equal to
the quotient obtained by dividing the prior
year-end value (including the amount of
any outstanding rollover, transfer and
recharacterization under Q&As-7 and -8
of §1.408-8 of the Federal Income Tax
Regulations) by the applicable factor (using
the Participant’s age as of his or her birthday
in the year) in the Uniform Lifetime Table
in Q&A-2 of §1.401(a)(9)-9 of the Federal
Income Tax Regulations. However, if the
Participant’s sole Designated Beneciary
is the Participant’s spouse and the spouse
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(ii) the trust is irrevocable or will, by its terms,
become irrevocable upon the death of the
IRA Participant;
(iii)
the beneciaries of the trust who are
beneciaries with respect to the trust’s
interests in this Account are identiable
from the trust instrument; and
(iv)
the Custodian receives the documentation
described in Q&A-6 of Treasury
Regulations §1.401(a)(9)-4.
If the foregoing requirements have been
satised, and the Custodian receives such
additional information as it may request, the
Custodian of this Account may treat such trust
beneciaries as “Designated Beneciaries.”
(h) Separate Accounts. The Custodian will
recognize the timely creation of separate
accounts by the Participant, Beneciary or
Beneciaries (or a representative of the
Beneciary or Beneciaries, including the
trustee of a trust) to the extent permitted by
law or applicable Treasury regulations. If the
Participant designates multiple individuals
or a trust with multiple beneciaries as the
Participant’s Beneciary, then the age of the
oldest individual or trust beneciary shall be used
for purposes of calculating required minimum
distributions hereunder unless separate accounts
are timely established as aforesaid. To create
separate accounts during the lifetime of the
Participant, a separate Application must be
completed for each Account, delivered and
accepted by the Custodian. To create separate
Accounts after the death of the Participant, the
Custodian must be notied by the Beneciary or at
least one of the Beneciaries (or a representative
of the Beneciary or Beneciaries, including the
trustee of a trust, or the personal representative
of an estate) in a form and manner acceptable to
the Custodian.
(i) Trust Beneciary Qualifying for Marital
Deduction. If a Beneciary is a trust (other than
an estate marital trust) that is intended to qualify
for the federal estate tax marital deduction under
§2056 of the Code (Marital Trust”), then:
(i)
in no event shall the annual amount
distributed from the Account to the Marital
Trust be less than the minimum distribution
required under §401(a)(9) of the Code;
(ii)
the trustee of the Marital Trust shall be
responsible for calculating the amount to be
distributed under clause (i) above and shall
instruct the Custodian of the Account in
writing to distribute the amount so calculated;
(iii)
the trustee of the Marital Trust may from
time to time notify the Custodian of the
Account in writing to accelerate payment of
all or any part of the portion of such Account
that remains to be distributed, and may also
notify the Custodian to change the frequency
of distributions (but not less often than
annually); and
(iv)
the trustee of the Marital Trust shall be
responsible for characterizing the amounts
so distributed from the Account as duciary
accounting income or principal under the
applicable state law.
c.
No Designated Beneciary — If the
Participant does not have a Designated
Beneciary, the entire interest will be
distributed by December 31 of the year
containing the fth anniversary of the
Participant’s death (or surviving spouse’s
death if the surviving spouse dies before
distributions are required to begin).
(ii) Minimum Distributions to Beneciaries if
Participant Dies on or After the Required
Beginning Date. If the Participant dies on
or after the Required Beginning Date, the
Beneciary or Beneciaries may elect to
receive minimum distributions from the
Account as follows:
a.
Nonspouse Beneciary Is Designated
Beneciary; or Spouse Beneciary Is
Not Sole Designated Beneciary
If the Designated Beneciary is not
the spouse of the Participant, or if the
spouse of the Participant is a Beneciary,
but not the sole Designated Beneciary,
then the Beneciary may elect to receive
minimum distributions over the longer
of the life expectancy of the Designated
Beneciary or the remaining life
expectancy of the Participant,
commencing no later than December 31
of the year following the year of the
Participant’s death.
b.
Spouse Beneciary Is Sole Designated
Beneciary — If the sole Designated
Beneciary is the spouse of the
Participant, then such spouse may elect:
1.
To receive minimum distributions
over the spouse’s life expectancy
or over the remaining life expectancy
of the Participant, if such period is
longer, commencing no later than
December 31 of the year following
the year of the Participant’s death.
Any remaining interest after the
spouse’s death will be distributed
over such spouse’s remaining life
expectancy, or over the remaining
life expectancy of the Participant if
such period is longer.
2.
To treat the Account as his or her
own. This election is deemed to be
made if such surviving spouse
makes a contribution to the Account
or fails to take required minimum
distributions as the Beneciary in
any year following the year of the
Participant’s death.
c.
No Designated Beneciary — If the
Participant does not have a Designated
Beneciary, then the Beneciary may
elect to receive minimum distributions
over the remaining life expectancy of
the Participant.
(iii)
Determination of Life Expectancy and
Calculation of Minimum Distributions After
the Participant’s Death — The minimum
amount required to be distributed each
year under Sections (i) and (ii) above is the
quotient obtained by dividing the value of
the Account as of the end of the preceding
year by the applicable factor. The applicable
life expectancy factor for the surviving spouse
who is the sole Designated Beneciary is the
Single Life Expectancy Table factor in
Q&A-1 of §1.401(a)(9)-9 of the Federal
Income Tax Regulations for the spouse’s
age each year. The applicable factor in all
other cases is the Single Life Expectancy
Table factor in Q&A-1 of §1.401(a)(9)-9
of the Federal Income Tax Regulations
corresponding to the Beneciary’s age
(or Participant’s age, if applicable) as of
his or her birthday in the year distributions
begin reduced by one in each succeeding
year. The value of the Account includes the
amount of any outstanding rollover, transfer
and recharacterization under Q&As-7 and
-8 of §1.408-8 of the Federal Income
Tax Regulations.
(e) Requesting Distributions. Except as provided
in Section 5(h) above, the Custodian has no duty
to advise the Participant or Beneciary of the
taxability of distributions. Moreover, the Custodian
has no duty to commence distributions to the
Participant or Beneciary until receipt of written
instructions, in a form acceptable to the
Custodian, from the Participant or Beneciary,
as the case may be. The Custodian shall give
no force and effect to any election made by the
Participant or Beneciary as to the distribution
options allowable to the Participant or
Beneciary(ies), unless such election is made
in a form acceptable to the Custodian.
(f) Satisfying Minimum Distributions From Two
or More IRAs. An individual may satisfy the
minimum distribution requirements under
§§408(a)(6) and 408(b)(3) of the Code by
receiving a distribution from one IRA that is
equal to the amount required to satisfy the
minimum distribution requirements for two or
more IRAs. For this purpose, the Participant
or Beneciary of two or more IRAs may use the
“alternative method” described in Notice 88-38,
1988-1 C.B. 524 (as modied by §1.408-8, A-9
of the Federal Income Tax Regulations) to
satisfy the minimum distribution requirements
described above. If the Participant or Beneciary
does not provide the Custodian with timely notice
that required distributions will be satised from
this Account, then the Participant automatically
will be deemed to have elected to satisfy the
minimum distribution requirements from some
other IRA.
(g) Treatment of Trust Beneciaries as
“Designated Beneciaries. If a trust is named
as a Beneciary of this Account, the beneciaries
of the trust with respect to the trust’s interests in
this Account will be treated as being “Designated
Beneciaries” (as that term is dened in the Code
and corresponding Treasury Regulations) of the
Participant solely for purposes of determining
the distribution period under §401(a)(9) of the
Code; provided, however, such treatment as
Designated Beneciaries” may occur only if,
during any period during which required
minimum distributions are being determined by
treating beneciaries of the trust as Designated
Beneciaries of the Participant, the following
requirements are met:
(i)
the trust is a valid trust under state law,
or would be but for the fact that there is
no corpus;
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(ii) The designation expressly refers to the
remaining benets in the Account; and
(iii)
The designation is delivered to the Custodian
prior to the Original Beneciary’s death.
If such remaining benets are thus payable to
such a Subsequent Beneciary, they shall be
paid over a period that does not extend beyond
the applicable distribution period for the
distribution of the Participant’s Account.
If a Beneciary is a trust and is receiving benets
under the Participant’s Account over the life
expectancy of a trust beneciary (or over the
remaining life expectancy, if any, of the
Participant or of any prior Beneciary or prior
trust beneciary), then upon the death of such
trust beneciary prior to the complete
distribution of such benets to the trust, such
remaining benets shall be payable to the trust,
or directly to the successor trust beneciary or
beneciaries if so instructed in writing by the
trustee, over a period that does not extend
beyond the applicable distribution period for
the distribution of Participant’s Account.
(n) Notice of Events. Until the Custodian shall
receive from some person interested in this
Account notice, in a form acceptable to the
Custodian, of any event upon which the right
to receive any benets from this Account has
occurred, the Custodian shall incur no liability
for any disbursements or distributions made
or omitted to be made in good faith.
Section 9 — Amendment and Termination
The Participant, by the establishment of this Account,
delegates to the Custodian the power to make any
retroactive or prospective modication of, or
amendment to, this Agreement that is necessary to
conform the Agreement to, or satisfy the conditions
of, any law, governmental regulation or ruling, and
any prospective amendment that is desirable for the
administration of this Agreement, and by doing so
shall be deemed to have consented to each such
amendment or modication. Notwithstanding the
preceding sentence, no amendment shall be made
that would have the effect of allowing any part of
the Account to be used for any purpose other than for
the exclusive benet of the Participant or Beneciary
nor shall any amendment increase or decrease
the duties or liabilities of the Custodian without its
consent. The Custodian has no afrmative obligation
to amend the Agreement for any purpose.
This Agreement may, at the Custodian’s option,
terminate upon the transfer or complete distribution
of the Account, or at the discretion of the Custodian
at any time upon 30 days’ prior written notice to
the Participant.
(j) Disclaimer. The Custodian of the Account may
accept a Beneciary’s disclaimer with respect
to all or a portion of an interest in the Account
provided that the disclaimant has not previously
accepted any interest in the property to be
disclaimed and the disclaimer:
(i)
is in a form acceptable to the Custodian;
(ii) identies the Participant of the Account;
(iii) describes the interest (i.e., the Account) and
the extent of the interest to be disclaimed;
(iv)
declines, refuses or renounces the interest
to be disclaimed; and
(v)
satises applicable state and federal law.
The Custodian of this Account may accept a
trust’s disclaimer made by a trustee on behalf of
(i) a trust that is the Beneciary of this Account
and (ii) the beneciary(ies) of the trust (or made
by a personal representative of an estate that is
a Beneciary of the Account), provided that (a) the
disclaimer satises the foregoing requirements
and either (b) the state law of the Participant’s
domicile or the instrument governing the trust
or estate expressly gives the trustee or personal
representative the right to disclaim an interest
on behalf of the trust or estate and the
beneciary(ies) or (c) the beneciary(ies)
affected by the disclaimer consent.
The Custodian shall not be responsible for
determining the validity of the disclaimer under
any state or federal law and may rely on the
disclaimant’s good faith written statement of the
disclaimer’s validity. The Custodian shall not be
liable to the disclaimant or any other person or
entity for acting or refusing to act in good faith
reliance on such a disclaimer.
(k) Power of Attorney. If the Custodian of the
Account is asked to follow the instructions of
an attorney-in-fact designated under a power
of attorney, the Custodian may, but shall not
be required to, follow such instructions without
regard to whether the power of attorney
expressly authorizes the specic act,
transaction, or decision by the attorney-in-fact;
provided, however, the power of attorney may
not be construed to grant authority to an
attorney-in-fact to change the designation of
Beneciaries to receive any property, benet,
or contract right on the Participant’s death unless
expressly authorized in the power of attorney.
When requested to follow the instructions of an
attorney-in-fact, the Custodian, before incurring
any duty to comply with the power of attorney,
may require the attorney-in-fact to provide
identication, specimens of the signatures of
the Participant and the attorney-in-fact, and
any other information reasonably necessary
or appropriate to identify the Participant and
the attorney-in-fact and to facilitate the actions
of the Custodian in following instructions of the
attorney-in-fact.
The Custodian, in its sole and absolute discretion,
may petition any applicable court to resolve any
issue pertaining to the power of attorney,
including, but not limited to, the validity of the
power of attorney or the authority to engage in the
proposed acts requested by the attorney-in-fact.
All expenses of such a judicial determination,
including the Custodian’s reasonable attorney
fees, shall be charged to the Account as
provided in Section 6 of this Agreement.
The Custodian shall not be responsible for
determining the validity of the power of attorney
under any state or federal law and may rely
on the attorney-in-fact’s good faith written
statement of the validity of the power of
attorney. The Custodian shall not be liable to the
attorney-in-fact, Participant or any other person
for acting or refusing to act in good faith reliance
on the power of attorney.
(l) Receipt of Instructions From Conservator
or Guardian. If the Custodian of the Account is
asked to follow the instructions of a conservator
or guardian of the estate of any incapacitated
Participant (hereinafter such conservator
or guardian is referred to as a “Personal
Representative”), the Custodian may, but shall
not be required to, follow such instructions;
provided, however, the Custodian may not
act upon the instructions of such Personal
Representative to change the designation of
Beneciaries to receive any property, benet,
or contract right on the conservatee’s or ward’s
death without court authorization.
When requested to follow the instructions
of a Personal Representative, the Custodian,
before incurring any duty to comply with such
instructions, may require any information
reasonably necessary or appropriate to identify
the Personal Representative and to facilitate
the actions of the Custodian in following
such instructions.
The Custodian, in its sole and absolute discretion,
may petition any applicable court to resolve any
issue pertaining to the instructions of the Personal
Representative, including, but not limited to,
the authority to engage in the proposed acts
requested by the Personal Representative.
All expenses of such a judicial determination,
including the Custodian’s reasonable attorney’s
fees, shall be charged to the Account as provided
in Section 6 of this Agreement.
The Custodian shall not be liable to any person for
acting or refusing to act in good faith reliance on
the instructions of the Personal Representative.
(m) Payments Upon Death of Beneciary. If a
Beneciary is a natural person and is entitled to
benets under Participant’s Account (“Original
Beneciary), then upon the death of such
Original Beneciary, any remaining benets shall
be payable to one or more persons or entities
(“Subsequent Beneciary”) designated by the
Participant to receive such benets. If the
Participant fails to designate a Subsequent
Beneciary, or to the extent that such designation
does not make an effective disposition of all such
remaining benets in the Account, then such
remaining benets shall be payable to the
Subsequent Beneciary(ies) if so designated by
the Original Beneciary to receive such benets,
or, if none, to the Original Beneciary’s estate.
The Participant and the Original Beneciary’s
designation of a Subsequent Beneciary to
receive such remaining benets may be acted
upon by the Custodian if:
(i)
The designation is executed prior to
the death of the Participant or Original
Beneciary, as the case may be, by a
written instrument in a form acceptable
to the Custodian;
SIMPLE IRA
Custodial Agreement
01/21
11 of 13
and administered under the laws of the State
of California. Each party agrees that all actions
or proceedings instituted by the Custodian,
Participant, Beneciary or any interested party
arising under or growing out of this Agreement
shall be brought in the state or federal courts
of California. In the event of reasonable doubt
respecting the proper course of action to be
taken with respect to the Account, the Custodian
may, in its sole and absolute discretion, resolve
such doubt by judicial determination that shall be
binding on all parties who may claim any interest
in the Account. A judicial determination may
include, but not be limited to, the Custodian
petitioning the appropriate court to remain as
Custodian over the Account in order to preserve
the Account’s federal tax-deferred status
pending the court’s resolution of the Account.
In the event of any such judicial determination,
all court costs, legal expenses, reasonable
compensation for the time expended by the
Custodian and any other expenses and costs,
including reasonable attorneys’ fees, shall be
collected by the Custodian from the Account(s)
in accordance with Section 6 of this Agreement.
(h) Additional Information/Documentation.
The Custodian may, in the Custodian’s sole and
absolute discretion, require that the Participant,
Beneciary or any other person or entity provide
the Custodian with additional information or
documentation as the Custodian deems
appropriate in order to satisfy the Custodian’s
duties under the Agreement.
(i) Binding on Successors. This Agreement
shall bind and enure to the benet of the
representatives, successors and assigns
of the Participant and the Custodian.
Section 10 — Resignation or Removal
of the Custodian
The Custodian may resign at any time upon 30
days’ prior written notice to the Participant, or the
Beneciary of a deceased Participant, and may be
removed by the Participant or Beneciary at any time
upon 30 days’ prior written notice to the Custodian.
Upon such resignation or removal, the Participant
or Beneciary shall appoint a qualied successor to
the Custodian, and at the request of the Participant
or Beneciary, the Custodian shall transfer and pay
over to such successor the assets of the Account
or the proceeds from the sale of such assets.
The Custodian may, in its discretion, make an
independent determination as to such successor’s
qualied status. The Custodian is authorized,
however, to reserve such sum of money as it
may deem advisable for payment of any liability
constituting a charge against the assets of the
Account or against the Custodian, with any balance
remaining after the payment of all such items to be
paid over to such successor.
If, within 30 days after the Custodian’s resignation
or removal a qualied successor has not been
appointed, the Custodian shall distribute the assets
in a lump sum to the Participant, or the Beneciary
of a deceased Participant.
Section 11 — Miscellaneous
(a) Spendthrift Clause. Neither the assets nor
the benets provided for hereunder shall be
subject to alienation, anticipation, assignment,
garnishment, attachment, execution or levy of
any kind, and any attempt to cause such benets
to be so subjected shall not be recognized. The
Participant shall have no right to assign, transfer
or pledge any interest in the Account, and the
Participant’s interest in the Account shall not
be subject to any claims of creditors.
(b) Transfer Incident to Divorce or Legal
Separation. Notwithstanding anything to the
contrary in the Agreement, including Section
11(a) above, the Participant may direct the
Custodian to transfer all or a portion of the
Account into an IRA of the Participant’s spouse
or former spouse incident to divorce or legal
separation as provided in Code §408(d)(6) and
incorporated by reference by Code §408A(a).
(c) Creditor Redemption. Notwithstanding
anything to the contrary in this Agreement,
including Section 11(a), to the extent permitted
by applicable federal law, the Custodian, upon
receipt of an Internal Revenue Service levy
against the Participant or Account (“Levy),
may redeem shares, with or without notice to the
Participant or Beneciary, of the Fund or Funds
in the Account and forward the proceeds to
satisfy such a Levy. The Custodian may redeem
the shares on a pro-rata basis in the Fund or
Funds. Except as otherwise provided by
applicable law, the Custodian shall not be liable
for any action taken in good faith and in exercise
of due care. In the event of any action undertaken
by the Custodian resulting from any order
described herein, all court costs, legal expenses,
reasonable compensation for the time expended
by the Custodian and any other expenses and
costs, including reasonable attorneys’ fees, shall
be collected by the Custodian from the Account(s)
in accordance with Section 6 of this Agreement.
(d) Alternative Distribution to Minors. In the
event a distribution is payable to a minor, the
Custodian may transfer the proceeds to a
custodian selected by the Custodian under the
applicable state’s Uniform Gifts (Transfers) to
Minors Act.
(e) Use of Electronic or Telephonic Media. With
the consent of the Custodian, the Participant, or
the Beneciary of a deceased Participant, may
use electronic or telephonic media to satisfy the
requirements for written consent or direction, to
the extent permissible under regulations or other
generally applicable guidance.
(f) Issuance of a Check. Upon the issuance of a
check from the Account, no additional earnings
will accrue to the Account with respect to the
uncashed check.
Earnings on uncashed checks may accrue to the
Custodian at a money market rate of return. Such
earnings will accrue from the date upon which
a check is mailed, one business day after the
redemption or sale is processed, until the date
upon which the check is presented for payment.
(g) Governing Law/Resort to Judicial
Determination. This Agreement shall be
governed by, construed in accordance with
SIMPLE IRA
Disclosure Statement
01/21
12 of 13
If you did not receive this Disclosure Statement at
least seven days before establishing your SIMPLE
IRA, you may revoke your SIMPLE IRA. Your
SIMPLE IRA is established and accepted on the
date you execute the American Funds SIMPLE IRA
Application form. To revoke your SIMPLE IRA, you
must provide written notice of revocation within seven
days after your account is established. Written notice
of revocation may be mailed to Capital Bank and
Trust Company, P.O. Box 6007, Indianapolis, IN
46206-6007. The revocation will be considered
given as of the postmark date. Upon revocation, the
entire amount of your contribution will be returned to
you without adjustment for administrative expenses
or uctuations in market value.
The following is a brief summary of some of the
nancial and tax consequences of establishing
a SIMPLE IRA.
1. Contributions to the Account
1. Limitation on Amount of Contributions.
Contributions to the SIMPLE IRA may be
either salary deferral contributions or employer
contributions. Contributions must be made in
cash and cannot exceed the maximum amount
allowed under the Internal Revenue Code.
Salary deferral contributions to your SIMPLE
IRA are made on a pretax basis and limited to
$13,500 in 2020 and 2021. If you are age 50
or older before the end of the calendar year,
the above limit is increased to $16,500 for
2020 and 2021. For later years, these limits
may be periodically increased for cost-of-living
adjustments. Your employer is generally
required to make a dollar-for-dollar match of
your salary deferral contributions up to 3% of
your compensation (although twice during any
ve-year period, your employer may reduce its
match to as little as 1% for the year and must
notify you of the reduction).
Your employer may, instead of the match, make a
non-elective contribution on your behalf, equal to
2% of your compensation (compensation for this
non-elective contribution is limited to $285,000
for 2020 and $290,000 for 2021).
No other contributions may be made to your
SIMPLE IRA. A rollover into your SIMPLE IRA
may be made from another SIMPLE IRA at any
time. A rollover into your SIMPLE IRA may be
made from an employer-sponsored retirement
plan or another IRA (with the exception of a
Roth IRA) only after the expiration of the
two-year period beginning when you rst
contributed to the SIMPLE IRA.
2. Excess Contributions. If contributions to your
SIMPLE IRA for any taxable year are greater
than the maximum amount, the excess amount
will be subject to an annual 6% excise tax.
However, this tax can be avoided if you withdraw
your excess contributions plus any earnings on
the excess on or before the due date, including
extensions, for your federal tax return for the year
in which the excess contributions are made.
The earnings that are withdrawn must be
included in your income for the year the excess
contributions were made, and may also be
subject to a 10% premature distribution penalty
if you are under age 5.
3. Investment of Contributions. Under the terms
of the Custodial Agreement, your contributions
will be invested by the Custodian, Capital Bank
and Trust Company, or any successor, in
accordance with your written instructions or the
written instructions of your employer on your
behalf. If you designate one or more American
Funds but there is no share class indicated, the
default will be A shares. No part of your SIMPLE
IRA will be invested in life insurance contracts.
The Custodial Agreement provides that your
entire interest in the assets held in your SIMPLE
IRA is nonforfeitable at all times and that such
assets will not be commingled with other property.
4. Transfer of Contributions Without Cost or
Penalty. If the Custodian is the designated
nancial institution of your employer’s SIMPLE
IRA Plan, you may transfer your contributions
(both your deferrals and your employer’s
contributions) to another nancial institution,
custodian or trustee, without cost or penalty,
by notifying the Custodian when you initially
establish your SIMPLE IRA account, or at any
other time, by using the Custodian’s SIMPLE
IRA Transfer Election Form. The Custodian will
process this request without cost or penalty
provided you meet certain transfer requirements.
When requesting a transfer, you must provide the
dollar amount or percentage to be transferred and
the frequency of such transfer (e.g., monthly,
quarterly, annually). The election will continue
in force until you revoke it. Prior to the transfer,
the contributions (both your salary deferrals and
your employer’s contribution) that you want to
transfer may only be invested in A or F-2 shares
of the American Funds U.S. Government Money
Market Fund
SM
(MMF) so that the transfer may
occur without cost or penalty to you. If you elect
not to invest in A or F-2 shares of MMF but in an
American Funds mutual fund class for which a
sales charge or a contingent deferred sales
charge is applicable, you may also transfer
these contributions but the transfer can not be
made without cost or penalty, since the sales
charge will not be refunded. If the Custodian is not
the designated nancial institution of your
employer’s SIMPLE IRA Plan, you may also
transfer your contributions to another nancial
institution at any time, but such a transfer is not
required to be without cost or penalty. To initiate
such a transfer, contact the new custodian or
trustee to obtain the appropriate forms. The
Custodian will complete a “trustee to trustee,” or
similar transfer, of all or a portion of your SIMPLE
IRA account balance upon receipt of the recipient
institution’s acceptance of the SIMPLE IRA
account. If your contribution was invested in a
mutual fund class of shares subject to a sales
charge or a contingent deferred sales charge,
then the sales charges will not be refunded.
2. Distributions from the Account
1. Taxation of Distributions. Distributions from
your SIMPLE IRA are taxed as ordinary income.
Provisions for 10-year income averaging and
capital gain treatment are not available for
“lump sum distributions” from your SIMPLE IRA.
Premature distributions may be subject to a 10%
penalty. Moreover, the 10% penalty increases to
25% for those distributions taken before you
have participated in the SIMPLE IRA for at least
two years.
2. Penalty Tax on Premature Distributions.
Any distribution made before you reach age
59½ will be subject to a penalty tax of 10% of
the taxable amount of the distribution, and 25%
penalty tax for distributions made before you
have participated in the SIMPLE IRA for more
than two years except for distributions made:
(a)
in the case of death or disability,
(b) for the return of excess contributions from
your SIMPLE IRA,
(c)
as payments for certain catastrophic
medical expenses,
(d)
as payments made after an extended
period of unemployment to cover health
insurance premiums,
(e)
as payments for certain expenses incurred
to purchase a rst-time home up to a lifetime
maximum of $10,000,
(f)
as payments for post-secondary education
costs of your immediate family members
and grandchildren,
(g)
as payments made in substantially equal
installments that may be based on, but
not limited to, the following methods: life
expectancy, amortization (using a rate
between 80% and 120% of the long-term
applicable federal rate) or annuitization
(using an acceptable mortality table
including, but not limited to, UP’84,
’83 IAM or Annuity 2000),
(h)
as payment in satisfaction of a levy under
Code §6331,
(i)
as payments taken due to certain
catastrophic events in federally declared
disaster areas, or
(j)
for birth or adoption expenses (up to
$5,000).
3. Required Distributions From SIMPLE IRAs.
To begin receiving required minimum
distributions from your SIMPLE IRA, you must
notify the Custodian in writing. Your entire
interest must be distributed beginning April 1
(your “Required Beginning Date”) of the calendar
year following the year in which you reach age
70½ (if you were born before July 1, 1949)
or 72 (if you were born after June 30, 1949).
Your distributions can be taken over a period
calculated on your life expectancy and that of
a beneciary assumed to be 10 years younger
than you (the factors can be found in the IRS’s
Uniform Lifetime Table). If your sole beneciary
is your spouse who is more than 10 years
younger than you, you may use your spouse’s
actual age (the factors can be found in the IRS
Joint Life and Last Survivor Expectancy Table)
to determine the payout period.
SIMPLE IRA
Disclosure Statement
13 of 13
4. Penalty Tax for Insufcient Distributions
From SIMPLE IRAs. If you take less than the
minimum required to be distributed after you
reach your Required Beginning Date, a 50%
penalty tax on the difference between the
amount required to be distributed and the
amount actually distributed in that year will be
assessed. The Internal Revenue Service can
waive the 50% penalty tax if the insufcient
distribution was due to reasonable error and
steps are taken to correct the underdistribution.
5. Distributions Upon Your Death. After your
death (regardless of your age when you die),
required minimum distribution rules apply to
the beneciaries of your SIMPLE IRA. How
the required minimum distribution rules apply
after your death depends on a number of
factors, including whether you die before your
Required Beginning Date and the identity of
your beneciaries. For more information on
required minimum distributions for beneciaries,
refer to IRS Publication 590-B or consult your
tax professional.
6. Issuance of a Check. Upon the issuance of a
check from the Account, no additional earnings
will accrue to the Account with respect to the
uncashed check. Earnings on uncashed checks
may accrue to the Custodian at a money market
rate of return. Such earnings will accrue from the
date upon which a check is mailed, one business
day after the redemption or sale is processed,
until the date upon which the check is presented
for payment.
7. Estate and Gift Taxes. Upon your death, the
value of your SIMPLE IRA is subject to federal
estate taxes under §2039(a) of the Internal
Revenue Code unless the account is left to
a surviving spouse in a form that qualies for
the marital deduction.
For gift-tax purposes, beneciary designations
will not be treated as gifts.
3. Tax Status of Custodial Account
1. Tax-Exempt Status. Generally, any contributions
and earnings thereon held in your SIMPLE IRA
are exempt from federal income tax and will only
be taxed when distributed to you, unless the
tax-exempt status of the SIMPLE IRA is revoked.
The Custodian of your SIMPLE IRA has received
a letter from the IRS approving the form of the
SIMPLE IRA. Such approval is a determination as
to the IRA terms only and is not a determination of
the merits of the SIMPLE IRA as an investment.
2. Loss of Exemption. The tax-exempt status
of the SIMPLE IRA will be revoked as of the
beginning of the year in which you engage in
any of the prohibited transactions listed in
§4975(c) of the Internal Revenue Code, such as
borrowing money from your IRA, selling property
to your IRA or exchanging property with your IRA.
Generally, the fair market value of your SIMPLE
IRA will be includable in your taxable income in
the year in which such prohibited transaction
takes place and may also be subject to a 10%
penalty tax (25% if you have not participated
in the SIMPLE IRA for more than two years).
In addition, the SIMPLE IRA will lose its
tax-exempt status if you use all or part of your
interest in the IRA as security for a loan. Any
portion of the IRA used as security for a loan will
be treated as a distribution in the year in which
such use occurs. If you are under age 59½, the
amount of the loan may also be subject to a 10%
penalty tax (25% if you have not participated in
the SIMPLE IRA for more than two years) as a
premature distribution.
4. Additional Tax Information
For years in which excess contributions have
been made to your SIMPLE IRA, or you received
from your account premature distributions, or
underdistributions from your SIMPLE IRA after
reaching age 70½ (if you were born before July 1,
1949) or 72 (if you were born after June 30, 1949),
you are required to le with the IRS Form 5329
Additional Taxes on Qualied Plans (including IRAs)
and Other Tax-Favored Accounts along with your
individual tax return for that year.
Further information about your SIMPLE IRA can
be obtained from any district ofce of the IRS.
You may also refer to IRS Publications 560, 590-A,
and 590-B, or visit the IRS website at www.irs.gov.
5. Financial Information
To calculate earnings on the account, reinvested
dividends and capital gain distributions are purchased
at net asset value (“NAV”) on the reinvestment date.
The number of shares in the Account at the end of
the period is multiplied by the NAV per share at the
end of the period to determine the ending value. The
difference between the ending value and the initial
investment equals the earnings for the period.
If $1,000 is invested in any fund other than
American Funds U.S. Government Money Market
Fund and a reduced sales charge is not available,
the highest sales charge would be $57.50, or 5.75%
of the contribution. See the prospectus of each fund
for further details. If $1,000 is invested in MMF, no
sales charge would be imposed. In addition, there
is a $10 annual custodian fee. The future growth
results of your investment in mutual fund shares
cannot be guaranteed or projected.
Lit. No. IRSMBR-003-0121O CGD/8400-S78273 © 2021 Capital Group. All rights reserved.