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additional benefits (other than benefit accruals relating to the period of qualified military <br />service) provided under the Plan had the Participant resumed and then terminated <br />employment on account of death. <br />1.5 Designation of Beneficiary. <br />(a) Each Participant shall designate in writing the Beneficiary or Beneficiaries <br />whom such Participant desires to receive the benefits (if any) that are payable under this <br />Plan in the event of the Participant's death. Such designation must be evidences by a <br />written instrument filed with the Employer, on a form prescribed by the Employer, and <br />signed by the Participant. <br />(b) Except as set forth in subsection (c), the Beneficiary of a married <br />Participant shall be the Participant's spouse at the date of death, unless the written <br />consent of such spouse is provided upon a form acceptable to the Employer. If no valid <br />designation of Beneficiary, along with a valid spousal consent, is on file with the <br />Employer at the time of the death of the Participant, or if for any reason at the sole <br />discretion of the Employer, such designation is defective, then (except as set forth in <br />subsection (c)) the spouse of such Participant shall be conclusively deemed to be the <br />Beneficiary designated to receive such benefit. <br />(c) The spousal consent required under subsection (b) shall not be required if <br />Participant declares in writing that one of the following conditions exists: <br />(i) The Participant is not married; <br />(ii) The Participant does not know, and has taken all reasonable steps <br />to determine, the whereabouts of the spouse; <br />(iii) The spouse is incapable of executing the acknowledgment because <br />of an incapacitating mental or physical condition; <br />N131:564577.3 3 <br />55C-44