Andrew J. Eberly and Ruthanne E. Eberly - Page 4

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          age at the time, the minimum distributions under the CWU                    
          retirement plan would have begun no later than April 1, 2000.               
               Teachers Insurance and Annuity Association and College                 
          Retirement and Equities Fund (TIAA-CREF) are the fund sponsors of           
          the CWU retirement plan.  TIAA-CREF provides, in general, various           
          annuity plan options for participants in the CWU retirement plan.           
               The TIAA-CREF annuity provisions state that a participant              
          “may during his lifetime, without the consent and to the                    
          exclusion of any other person, receive, exercise, and enjoy every           
          benefit, option, right and privilege conferred” by the TIAA-CREF            
          annuity plan.  After a participant’s termination of employment,             
          the TIAA-CREF annuity provides the participant with the option to           
          receive a lump-sum benefit from the participant’s accumulated               
          annuity funds.  A request for a lump-sum distribution must be               
          made before the start of any annuity payments.  Such a request              
          “cannot be revoked after the effective date” of the lump-sum                
          distribution request.  The value of the accumulated annuity funds           
          for a lump-sum distribution is determined as of the end of the              
          business day on which TIAA-CREF receives the participant’s                  
          request for a lump-sum distribution.                                        
               Under the TIAA-CREF annuity’s death benefits provision, if             
          the participant dies prior to the annuity starting date then                
          TIAA-CREF pays the participant’s accumulated annuity funds to the           
          participant’s named beneficiaries.  The participant may designate           






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Last modified: May 25, 2011