The nonparticipant spouse who is awarded separate nominal accounts with respect to the Cash Balance Benefit Program shall have the right to a lump-sum distribution of amounts credited to the account.
- (a) The nonparticipant spouse shall file an application on a form provided by the system to obtain the distribution.
- (b) The distribution is effective when the system deposits in the United States mail a warrant drawn in favor of the nonparticipant spouse and addressed to the latest address for the nonparticipant spouse on file with the system.
- (c) If the nonparticipant spouse has elected on a form provided by the system to transfer all or a specified portion of the accounts that are eligible for direct trustee-to-trustee transfer under Section 401(a)(31) of Title 26 of the United States Code to the trustee of a qualified plan under Section 402 of Title 26 of the United States Code, deposit in the United States mail of a notice that the requested transfer has been made constitutes a distribution of the nonparticipant spouse’s credit balance from the separate nominal accounts. This subdivision shall not apply to a nonparticipant partner consistent with Section 402 of the Internal Revenue Code.
- (d) The nonparticipant spouse is deemed to have permanently waived all rights to an annuity when the distribution becomes effective.
- (e) The nonparticipant spouse may not cancel a distribution after the distribution is effective.
- (f) The nonparticipant spouse shall have no right to elect to redeposit the distribution after the distribution is effective.