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no such designation is on file with the Employer at the time of the death of the Member, or if for <br />any reason at the sole discretion of the Employer, such designation is defective, then the spouse <br />of such Member shall be conclusively deemed to be the Beneficiary designated to receive such <br />benefit. <br />(c) The signature of the Member's spouse shall be required on a designation of <br />beneficiary forrn or an application for a benefit under the Plan if the spouse is not the <br />beneficiary, unless the Member declares in writing that one of the following conditions exists: <br />(1) The Member is not married; <br />(2) The Member does not know, and has taken all reasonable steps to determine <br />the whereabouts of the spouse; <br />(3) The spouse is incapable of executing the acknowledgment because of an <br />incapacitating mental or physical condition; <br />(4) The Member and spouse have executed a marriage settlement agreement that <br />n-iakes the community property laws inapplicable to the marriage; or <br />(5) The current spouse has no identifiable community property interest in the <br />benefits. <br />(d) Effective January 1, 2005, for purposes of this Section 2.5 only, all references in this <br />Section 2.5 to the term "marriage" shall also include the terin "registered domestic partnership." <br />All references to the term "married" shall also include "registered domestic partnership" and all <br />references in this Section 2,5 to the term "spouse" shall also include the term "registered <br />domestic partner." The inclusion of "registered domestic partner" in the definition of "spouse" <br />shall not apply for the purposes of Sections 4.3, 4.6 and 6.2. <br />NB I :790420.2 8 <br />