COZEN O'CONNOR, P.C. v. TOBITS et al

Filing 14

Defendant Farley's ANSWER to 3 Amended Complaint, CROSSCLAIM against JENNIFER J. TOBITS, COUNTERCLAIM against COZEN O'CONNOR, P.C. by DAVID M. FARLEY, JOAN F. FARLEY. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(WENGER, RANDALL)

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•• 0 1 COZEN J O'CONNOR. Cozen O'Connor Profit Sharing Plan Designation of Beneficiary Form Participant Information •e ^ ^ - .rr-- &£oj. Present Marital Social Security Number E-mail Address (Pleaseprint cfeariy) Name Daytime Phono Number D-Smgle O Married Status (Check one) Explanation of Qualified Preretirement Survivor Annuity If you are married when you die. your money purchase pension vested account balance will be used to purchase an annuity providing periodic payments for the life of your surviving spouse. This annuity form of payment is called a"Qualified Preretirement Survivor Annuity" or QPSA. You may waive the QPSA. as long as your spouse consents in writing to the waiver. In addition, after your death, your spouse may choose a form of benefit other than the QPSA. If you waive the QPSA. you may designate other beneficiaries and/or forms of payment for your vested account only if your spouse consents to the specific beneficiary you designate on this form. If you revoke your waiver ofthe QPSA. your spouse will again receive death S?n™m ** f0ITO 0f a QPSA' unless your sP°use eltner <1> consents to a new waiver of theQPSA, or (2) chooses another form ofbenefit after your death. Generally, you cannot waive the QPSA until the plan year in which you turn 35. You also may the QPSA will be automatically reinstated as of the first day of the plan year in which you turn 35. Of course, you can again waive the QPSA at that time, with proper spousal consent After you have separated from service, you may waive the QPSA, with proper spousal waive the QPSA. with proper consent, prior to the plan year in which you turn 35 However consent, at any time. Such waiver will remain effective until you revoke the waiver or are reemployed. If you are unmarried and subsequently marry, or marry adifferent person after you sign this form, your spouse at your death is automatically entitled to a qualified preretirement survivor annuity and this Primary Beneficiary designation no longer applies. Thus be sure to update this form aftera change in marital status. This consent is required only if amarried. Participant does not name the spouse as the only primary beneficiary. Tobeeffective, the spouse's signature must be notarized. Beneficiary Designation I. the undersigned, hereby elect that upon my death the following person(s) shall be my pnmary and secondary beneficiary(ies) under theplan: Primary Beneficiary(ies) > V Last----Name / , First Social Security Number fo£/h Stond Address 2 m.L , ' Woodhrcxz>k<b . . ) Cty State Birth Date ReiatorShfr ZIPCode ' Percent UstNamT /First Social Security Number. StaJ&f Address > y. 7^ ~jy* "^ e— c»y State .ZIPCode BirtfcDato ™ ---••• " fc" -•Relationship e.^ Portent 350076 (Rev. 8/26/2009) 8/09 RBAR033S0076 Exhibit B Cozen O'Connor Profit Sharing Plan Designation of Beneficiary Form may not change beneficiaries without again getting my consent. 4. Ido nothaveto sign this consent. However, onceIdo, Icannot revoke my consent. 5. This consent has no application to the benefits that begin during my spouse's lifetime. 6. My signature mustbe witnessed by a Notary Public for my consentto be effective. Date •of Notarization of Spouse's Signature 'Xiittr\x>;* Spouse's Signature 1*= Sworn to before me this Cook- Countyof (or Cityof) dayof £ifMA^le.e. uro'efNotary Public ' Oate Signature Name of Notary Public -ZOIQ ^^ My Commission Expires Additional Beneficiaries Additional Primary Beneficiary(ies) Last Name First ML First M.I. City State ZIPCode Birth Oate Relationship Social Security Number Social Security Number Street Address Street Address City State Birth Date Relationship ZIPCode Percent Additional Secondary Beneficiary(ies) Last Name Percent First M.L Last Name First M.L City State ZIPCode Birth Date Relationship Social Security Number Social SecurityNumber Street Address Street Address City State Birth Date Relationship ZIPCode Percent Percent OFFICIAL SEAL HEATHER A BAUER NOTARY PUBUC -STATE OF tUJNCXS MYCOMMSSKMEXPKE&ll/OSril 350076(Rev. 8/26/2009) 8/09 RBAR033S0076 Cozen O'Connor Profit Sharing Plan Designation of Beneficiary Form If you name more than one primary beneficiary but do not specify a percentage for each, your account will be divided equally among the primary beneficiaries who survive you. Check here ifyou have more than two primary beneficiaries and have used the space on the next page. D Secondary Beneficiary(ies) In the event the primary beneficiary(ies) is/are not living. Idesignate the following personfs) as my beneficiary(ies): Last Name First M.I. Ml. City State ZIPCode Relationship Social Security Number Street Address Birth Date First Birth Date Social Security Number City Last Name Street Address State ZIPCode Relationship Percent Percent If you name more than one secondary beneficiary but do not specify a percentage for each your account will be divided equally among the secondary beneficiaries who survive you. Check here ifyou have more than two secondary beneficiaries and have used the space on the next page. • Participant's Signature Any election Ihave made on this form revokes all prior^signajlons wjtrrfe5e?to this Plan. Date Participant's Waiver Partkapartt'sI ^ Waiver of Preretirement Survivor Annuity Ihave reviewed the Explanation ofthe Qualified Preretirement Survivor Annuity CQPSA") above. Iunderstand that my preretirement death benefits will be paid in the form of aQPSA unless Ichoose aprimary beneficiary other than my spouse and my spouse consents to the beneficiary Iunderstand that Imay not change the beneficiary unless my spouse consents to the new beneficiary. Ialso understand that Imay revoke my waiver ofthe QPSA at any time bydesignating my spouse asthe sole primary beneficiary for the QPSA. Ihereby waive the Qualified Preretirement Survivor Annuity under the plan. By signing this warver, the individuals) that fhave designated as my primary beneficiaries Jm«I t^I^r I f Pan,Mn!,!lS.at my death lnStead ofmV spouse. If my spouse consents to SeQPSA Date Spouse's Consent ^ Ch°°Se 3f0mi °fPayment f°r death benelH8 other Participant's Signature Ivoluntarily consent to my spouse's election to waive the qualified preretirement survivor annuity and to designate the beneficiaries) listed on this fori Ihave"readEE£XE ofthe qualified preretirement survivor annuity benefit and Iunderstand that: 1. If Ido not sign this consent, the qualified preretirement survivor annuity benefit will remain in effect. 2. By signing this consent the beneficiary(ies) designated by my spouse will receive my spouse's plan benefits instead of me. 3. This consent applies only to the beneficiaries designated on this form. My spouse 350076 (Rev. 8/26/2009) 8/09

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