Payment of benefits after death.
San José Municipal Code § 3.49.134
in effect3.49.134 - Payment of benefits after death.
A. After the death of a participant, the remaining balance credited to the participant's account, less any federal or state income taxes required to be withheld by law, shall be distributed to participant's beneficiaries in the manner designated by the participant pursuant to the plan document.
B. Notwithstanding any provision of this plan to the contrary, all payments under the plan shall comply with a reasonable, good faith interpretation of the requirements of Internal Revenue Code Section 401(a)(9), including the incidental benefit rule set forth in Internal Revenue Code Section 401(a)(9)(G) and Treasury Regulation Section 1.401-1 (b)(1)(i) or any successor regulation thereto, as specified in the plan.
(Ords. 29184, 31113.)
Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT3PE_IIREPL_CH3.49UNMADECO401PL_3.49.134PABEAFDEFetched: 11/1/2026