Andrew J. Eberly and Ruthanne E. Eberly - Page 13

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          any such election must be made in writing and received by TIAA-             
          CREF at its home office.  These terms are plain and unambiguous.            
               Prior to his death and the annuity start date, decedent                
          elected to receive a lump-sum distribution.  In accordance with             
          the TIAA-CREF annuity’s requirements, decedent’s withdrawal                 
          request was made in writing and mailed to TIAA-CREF’s home                  
          office.  The withdrawal request was received at TIAA-CREF’s home            
          office on the same date as decedent’s death.  While TIAA-CREF was           
          notified of decedent’s death, decedent’s withdrawal request was             
          made effective by TIAA-CREF on the date received per the terms of           
          the TIAA-CREF annuity.  The record is clear that TIAA-CREF                  
          processed the distribution to decedent as a lump-sum                        
          distribution.  TIAA-CREF subsequently distributed the funds to              
          decedent.  In accordance with the TIAA-CREF annuity’s provisions,           
          TIAA-CREF calculated and paid interest to decedent on the                   
          $600,000 distribution for the time between the effective date of            
          the withdrawal request and the date the funds were electronically           
          transferred to decedent’s savings account.  TIAA-CREF also                  
          withheld Federal income tax on the funds distributed to decedent.           
          Finally, TIAA-CREF issued a Form 1099 to decedent which reported            
          the taxable amount of his lump-sum distribution.                            
               The TIAA-CREF annuity provided decedent with the option of             
          electing to receive a lump-sum distribution.  Decedent exercised            
          this option to receive a lump-sum distribution during his                   






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Last modified: May 25, 2011