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Disbursements occurring as a result of the Plan's termination or failure <br />to meet the requirements of Code section 457, and the limitations of <br />this Section 1.9 will not apply to such Termination Disbursements. <br />(D) While the pool transfer limitations of this Section are in effect, We will <br />continue to allow Transfers under the terms of the Plan. <br />(E) This Section does not apply if this Agreement has terminated under <br />Section 5 of the Base Agreement. Upon termination, the provisions of <br />the following Section 1.10 will apply. <br />1.10 TERMINATION TRANSFER LIMITATIONS. If this Agreement terminates under <br />Section 5 of the Base Agreement, the limitations of this Section apply. The assets under <br />the GIA are part of the Guaranteed Income Fund pool established for all investment <br />agreements containing this or a similar limitation, and where We receive the initial <br />Deposit to the Guaranteed Income Fund in the same period within the calendar year. <br />We will disburse the assets under the GIA in a single lump sum as of the Termination <br />Disbursement Date, defined in Section 5.3 of the Base Agreement, if (i) plus (ii) does not <br />exceed ten percent (10%) of (iii) where <br />(i) is the Termination Disbursement amount to be paid from <br />the GIA, <br />(ii) is all Transfer, Distribution, or Termination <br />Disbursement amounts that We previously paid for any <br />reason in the same calendar year in which this <br />Agreement is terminated and from the same pool of <br />Guaranteed Income Fund assets to which the GIA <br />belongs, and <br />(iii) is total assets on January 1 of the year in which (i) is <br />computed in the Guaranteed Income Fund pool to which <br />the GIA belongs. <br />If (i) plus (ii) exceeds ten percent (10%) of (iii), We may apply the following limitations: <br />(A) As of the Termination Disbursement Date, We will disburse an amount <br />equal to the greater of (a) or (b) as follows: <br />(a) is the difference between ten percent (10%) of (iii) <br />above, and (ii) above. <br />(b) is one-sixth (1/6) of the GIA value as of the Termination <br />Disbursement Date. <br />GA -2020 -GIF -FS -0805 4 Addend=457single_PRIAC_2020-GIF-FS-0805 <br />25D-59 <br />