SIMPLE IRA
Custodial Agreement
01/21
10 of 13
(ii) The designation expressly refers to the
remaining benets in the Account; and
(iii)
The designation is delivered to the Custodian
prior to the Original Beneciary’s death.
If such remaining benets are thus payable to
such a Subsequent Beneciary, 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 Beneciary is a trust and is receiving benets
under the Participant’s Account over the life
expectancy of a trust beneciary (or over the
remaining life expectancy, if any, of the
Participant or of any prior Beneciary or prior
trust beneciary), then upon the death of such
trust beneciary prior to the complete
distribution of such benets to the trust, such
remaining benets shall be payable to the trust,
or directly to the successor trust beneciary or
beneciaries 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 benets 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 modication 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 modication. 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 benet of the Participant or Beneciary
nor shall any amendment increase or decrease
the duties or liabilities of the Custodian without its
consent. The Custodian has no afrmative 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 Beneciary’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) identies 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)
satises 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 Beneciary of this Account
and (ii) the beneciary(ies) of the trust (or made
by a personal representative of an estate that is
a Beneciary of the Account), provided that (a) the
disclaimer satises 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
beneciary(ies) or (c) the beneciary(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
Beneciaries to receive any property, benet,
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
Beneciaries to receive any property, benet,
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 Beneciary. If a
Beneciary is a natural person and is entitled to
benets under Participant’s Account (“Original
Beneciary”), then upon the death of such
Original Beneciary, any remaining benets shall
be payable to one or more persons or entities
(“Subsequent Beneciary”) designated by the
Participant to receive such benets. If the
Participant fails to designate a Subsequent
Beneciary, or to the extent that such designation
does not make an effective disposition of all such
remaining benets in the Account, then such
remaining benets shall be payable to the
Subsequent Beneciary(ies) if so designated by
the Original Beneciary to receive such benets,
or, if none, to the Original Beneciary’s estate.
The Participant and the Original Beneciary’s
designation of a Subsequent Beneciary to
receive such remaining benets may be acted
upon by the Custodian if:
(i)
The designation is executed prior to
the death of the Participant or Original
Beneciary, as the case may be, by a
written instrument in a form acceptable
to the Custodian;