TO: ABC Corporation, Inc., (hereinafter referred to as the "Company")
I, _________________________, in accordance with the rights granted to me in the
Deferred Compensation Plan Agreement, between me and the Company, do hereby nominate
as Beneficiary thereunder to receive payments thereunder in the event of my death:
I further reserve the privilege of changing the Beneficiary herein named at any time or times without the consent
of any such beneficiary. This nomination is made upon the following terms and
- The word Beneficiary as used herein shall include the plural, Beneficiaries,
wherever the Agreement permits.
- For purposes of this Beneficiary Designation, no person shall be deemed to
have survived the participant if that person dies within thirty (30) days of the participant's
- Beneficiary shall mean the Primary Beneficiary if such Primary Beneficiary survives the
participant by at least thirty (30) days, and shall mean the 1st Contingent
Beneficiary if the Primary Beneficiary does not survive the participant by at
least thirty (30) days.
- If the Primary Beneficiary shall be deceased on any annual payment date provided in said
Agreement, any and all remaining annual payments shall be payable to the 1st
Contingent Beneficiary unless the executors or administrators of said deceased
Beneficiary are named as Primary Beneficiary herein above.
- If more than one Beneficiary is named within the same class (i.e., Primary or 1st Contingent),
then annual payments shall be made equally to such Beneficiaries unless
otherwise provided herein above. If any such Beneficiary dies while
receiving annual payments under said Agreement, any and all remaining payments
shall continue to be made to the surviving Beneficiaries of such class and to
the legal heirs of the deceased Beneficiary, which legal heirs shall receive
the amount which was being received by said deceased Beneficiary. If all
of the Beneficiaries of a class shall die, any and all remaining payments shall
be made to the next class of Beneficiaries, as provided under Paragraph 4
- If none of the Beneficiaries named herein above are living on any said annual payment date,
any and all remaining payments shall be made to my executors or administrators,
or upon their written request, to any person or persons so designated by them.
- If any such annual payments shall be payable to any trust, the Corporation shall not be liable to
see to the application by the Trustee of any payment hereunder at any time, and
may rely upon the sole signature of the Trustee to any receipt, release or
waiver, or to any transfer or other instrument to whomsoever made purporting to
affect this nomination or any right hereunder.
This nomination cancels and supersedes any Nomination of Beneficiary
heretofore made by me with respect to said Agreement and the right to receive
Received this ________ day of _________________, 200___
Spouse's Consent (to be completed if Participant's Spouse is not 100%
I hereby consent to the beneficiary designation made on this Beneficiary
Designation Form. I understand that:
- I would receive 100% of the amount payable under the Plan on account of my
spouse's death if I do not consent to the Primary Beneficiary Designation made above.
- The beneficiary(ies) will be entitled to my spouse's account balance upon his
or her death.
- My spouse's election cannot be effective without my consent.
- My consent is irrevocable unless my spouse revokes his or her beneficiary designation.
Printed Name of Participant's Spouse
Printed Name of Notary Public or Authorized Plan Representative
Signature of Notary Public or Authorized Plan Representative
My Notary Commission Expires: ____________, 20___