State of New Mexico Unforeseeable Emergency Distribution Application Explanation & Information About Requests for Unforeseeable Emergencies As your Deferred Compensation Plan Administrator, we are pleased to provide you with information regarding your request for an Unforeseeable Emergency. An "Unforeseeable Emergency" is described in the State of New Mexico Plan Document under Section 6 as: "... required by the Treasury Regulations promulgated under Section 457 of the Code, as a severe financial hardship to a participant resulting from a sudden and unexpected illness or accident of the participant, or of a spouse, or of a dependent of the participant, as defined in Section 152(a) of the Code, of the participant, loss of the participant's property due to casualty, or other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the participant. Treasury Regulations provide that except in extraordinary circumstances, the need to send a participant's child to college or the desire to purchase a home does not constitute an Unforeseeable Emergency. In accordance with Deferred Compensation Rules and Regulations, divorce does not constitute an Unforeseeable Emergency. "(a) For purposes of this Section 6, an Unforeseeable Emergency is defined, as required by the Treasury Regulations promulgated under Section 457 of the Code, as a severe financial hardship to a Participant resulting from a sudden and unexpected illness or accident of the Participant, of the Designated Beneficiary, or of a spouse, or of a dependent of the participant or a Designated Beneficiary, as defined in Section 152(a) of the Code, of the Participant, loss of the Participant’s or Designated Beneficiary’s property due to casualty, or other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the Participant. Treasury Regulations provide that, “except in extraordinary circumstances,” the need to send a Participant’s child to college or the desire to purchase a home does not constitute an Unforeseeable Emergency. In accordance with Deferred Compensation Rules and Regulations, divorce does not constitute an Unforeseeable Emergency. (b) For purposes of this Section 6, an amount will not be considered to be reasonably needed to meet the financial need created by an Unforeseeable Emergency to the extent that such need is or may be relieved (i) through reimbursement or compensation by insurance or otherwise, (ii) by liquidation of a Participant’s assets, to the extent the liquidation of such assets would not itself cause severe financial hardship, or (iii) by cessation of deferrals under the Plan." If you feel that you may qualify for an Unforeseeable Emergency, please complete the attached application and the W-4P Federal Tax Withholding Form and mail them to our office. Please note that the amount you request for a withdrawal cannot exceed the current value of your account. If your request is approved, all funds will be withdrawn on a pro-rated basis across all accounts, according to your allocation percentages. Some mutual funds may impose a short term trade fee. Please read the underlying prospectuses carefully. If you currently have Life Insurance coverage through the plan, please be aware that if you choose to stop your deferrals to obtain an Unforeseeable Emergency distribution to alleviate your Unforeseeable Emergency, your policy may lapse and your coverage will no longer be in effect. Please contact our office to discuss the options available to you to continue your life insurance coverage. Please return the completed application and the attached W-4P to: NATIONWIDE RETIREMENT SOLUTIONS P. O. BOX 182797 COLUMBUS, OH 43218-2797 If you require assistance with the completion of the attached forms or have any questions, please call us at 1-866-827-NMEX(6639). Nationwide Retirement Solutions • P.O. Box 182797 • Columbus, OH 43218-2797 • 1-866-827-NMEX(6639) • www.newmexico457dc.com DC-4072-0714 State of New Mexico Unforeseeable Emergency Distribution Application Participant Information Participant Name: Social Security Number: Current Address: City: Unforeseeable Emergency State: Zip Code: Contact Phone Number: Email Address: Employer Name: Employer Number: To qualify for an unforeseeable emergency distribution, the participant must experience a severe financial hardship that is a result of an extraordinary and unforeseeable event beyond the designated beneficiary, spouse, or dependent’s control that cannot be relieved using funds available from their checking, savings, stocks, mutual funds, securities, insurance, other assets or by ceasing their deferrals. Non-approvable events generally include: u routine monthly expenses u annual tax liability u purchase of a car u education expenses u maternity leave u loss of overtime/holiday pay u purchase of a home u elective/cosmetic surgery u home or auto maintenance u routine medical expenses u elective orthodontia u divorce legal fees Please describe the participant’s (designated beneficiary’s, spouse or dependent’s) severe financial hardship. 1. Was the severe financial hardship a result of an illness of the participant (designated beneficiary’s, spouse or dependent’s)? Yes r No r If yes, describe 2. Was the severe financial hardship a result of an accident of the participant (designated beneficiary’s, spouse or dependent’s)? Yes r No r If yes, describe 3. Was the severe financial hardship a result of a loss of the participant’s (designated beneficiary’s, spouse or dependent’s) property due to casualty? Yes r No r If Yes, describe 4. Was the severe financial hardship a result of some other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the participant (spouse or dependent’s)? Yes r No r If yes, describe. State of New Mexico Unforeseeable Emergency Distribution Application Unforeseeable Emergency (continued) Please select the reason for your unforeseeable emergency request from the following list. Please realize you will be required to submit documentation to support your request. r Property Loss Due To Accident /Casualty - requests that are the result of an accident or casualty - medically necessary items are approvable (e.g. heat, air conditioning, water heater) r r Official Police Report (where applicable). If the participant has insurance: a letter from the participant’s insurance company indicating the amount covered by insurance and deductible amount owed, or reasons for no coverage. r r r q Imminent Foreclosure/Eviction - threat of foreclosure/eviction on the participant’s primary residence q q q q q Letter must be dated within the past 60 days. Letter from the auto loan company indicating a dollar amount needed to prevent repossession of your primary automobile. Medical/Dental/Prescription Expenses, includes the following scenarios: - incurred or future expenses for the participant, their spouse or dependent - not covered by insurance - medical necessity - rehabilitation expenses - covered services do not include check-ups r r r r Letter from the mortgage company indicating a dollar amount needed to prevent imminent foreclosure or acceleration on the participant’s primary residence. m Documentation showing the property address of the loan under the threat of foreclosure. Letter from the landlord/leasing agency or court ordered eviction notice indicating the dollar amount needed to prevent imminent eviction from primary residence. Default letters can be submitted as proof of imminent foreclosure or eviction. Car Repossession - requests for the participant’s primary vehicle q r If the participant does not have insurance: a signed statement from the participant indicating that they do not have insurance. Detailed repair estimate from a licensed mechanic indicating the make and model of the vehicle in need of repairs (for auto repairs). Detailed repair estimate from a licensed contractor indicating the specific causes of the damage to the participant’s primary residence (for home repairs). If the participant has insurance: Explanation of Benefits forms from the insurance company indicating insurance coverage (or reasons for no coverage), patient responsibility, and dates of service for all charges. If the participant does not have insurance: Detailed bills indicating dates of service for all charges and a signed statement indicating that the participant does not have insurance. If the procedure could be considered cosmetic, a letter from a medical doctor/dentist indicating the reasons why the procedure is medically necessary. m Documents must be dated within the past 24 months. m For future services: Pre-treatment estimate indicating insurance coverage & patient responsibility for all procedures that are to be performed; anticipated date of service; statement from provider showing that payment must be made before treatment will be rendered. Utility Disconnection - expense requests for gas, electric, water, or heating r Letter from the utility company indicating the dollar amount needed to prevent imminent disconnection of the gas, electric, water or heating services at the participant's primary residence. State of New Mexico Unforeseeable Emergency Distribution Application Unforeseeable Emergency (continued) r Funeral - funeral expenses that are the responsibility of the participant (descendent does not have to be immediate family) r r Detailed invoice from a funeral home that itemizes the cost of the funeral expenses for which you are responsible. q Copies of receipts, booking information (air, hotel)and other travel expenses. Moving Expenses - circumstances for the move must be unforeseeable & beyond the participant’s control. For example: an approvable divorce/separation situation; loss of an established roommate of which the participant & roommate were both named on the lease, ownership of the property has changed & the participant’s family must move per the new owners; foreclosure. - cannot approve for the first month’s rent; moving expenses due to a lease ending and it not being renewed; cannot approve new furniture expenses. r r q q r Rental/lease agreement. Copies of bills/receipts for moving expenses. The following are examples of expenses: m Security deposit; utility hook up charges; appliance purchase may be approved (within reason; must be necessary - e.g. the stove and refrigerator may be approved, but not a microwave); moving van/truck rental may be approved. For expenses yet to be incurred, copy of lease agreement or letter from landlord/leasing agency outlining the deposit amounts due before the lease can be signed; estimate from moving truck company or moving company. If related to divorce, a copy of the legal separation agreement, initial complaint for divorce or final divorce decree. Involuntary Loss of Income - must be incurred losses from the participant or spouse - the loss may be approvable for up to 36 months back with documentation - the loss may be approvable for six months in the future with proper documentation and a return to work date - the reason for the loss must be for medical reasons of the participant/spouse or due to a separation without cause/layoff/downsizing, commission based positions (real estate sales, etc.) due to slow sales, lost overtime, holiday pay, and suspensions without pay - loss can be full-time or part-time employment as long as that income can be documented as consistent - income is considered consistent after 6 months in the same position or 12 months of steady employment - cannot approve for loss of income from rental property or termination with cause r r r r r r r r Letter from employer indicating dates of employment and UNPAID dates of work missed due to involuntary reasons. This must indicate any sick pay, vacation pay, worker’s compensation, unemployment benefits or any other form of compensation received while out of work. A Loss of Income Verification form completed by the participant’s employer can replace the letter described above. Copy of the participant’s (or spouse’s) most recent pay stub indicating their regular pay rate. m Can accept W-2 forms if a pay stub is not acquirable (in cases of divorce/separation) Documentation from the Worker’s Compensation Board, Disability board, or Department of Labor regarding the participant’s (or spouse’s) unemployment benefits, disability benefits, or unemployment eligibility, the date the benefits began/will begin, the amount of the benefits, and the date benefits will/may end. If from a second job, a letter from employer showing dates of employment and termination. If related to divorce, a copy of separation agreement, initial complaint for divorce, or final divorce decree. If from personal business, a letter from licensed physician indicating dates of loss of income. A new application will be required for each subsequent withdrawal. Items to keep in mind to prevent your request from being delayed or denied: u If your unforeseeable emergency distribution is due to a legal dependent's situation, we will require a copy of the qualified dependent worksheet to show dependency u Documentation being supplied from third parties must be on third party’s letterhead u The documentation provided must generally be dated within the previous 12 months u Sign your application and the tax forms provided (if applicable) u Please allow up to 10 days for receipt and review All Documentation will be reviewed and does not guarantee approval of your request. Please note that additional documentation may be requested. State of New Mexico Unforeseeable Emergency Distribution Application What dollar amount are you requesting?(Applications without a stated request amount cannot be approved.) ........................................................ Amount Requested Delivery Options If approved, how would you like your funds to be delivered? (Please check all that are applicable) r Check – From date of issuance please allow 5-7 business days for receipt r Overnight – A $25.00 fee will be deducted from your account pro rata r ACH – Please complete direct deposit information below Please Note: If none of the above options are selected funds will be issued as a check and distributed via standard mail. Direct Deposit Information Check only one option: r Checking Account r _____________________________________________________ Bank/Credit Union Name ABA NUMBER (First nine digits only) Savings Account _____________________________ Account Number I: /____/____/____/____/____/____/____/____/____/ I: Your ABA number appears at the bottom of your checks between the markings indicated above. Bank or Credit Union Telephone Number: ( )____________________________________ Note: Direct Deposit is only offered through members of the Automatic Clearing House (ACH). Is this account associated with a brokerage firm or other investment firm? r Yes r No If yes, have you confirmed that the ABA and account numbers are correct? r Yes r No Please note: You must include a voided check if your distribution is being sent to your checking account. Tax Information All distributions are subject to federal, applicable state and local taxes. Federal Income Tax will be withheld from your payment as required by the Internal Revenue Code. Payments will be reported on a 1099-R form. Please select the method to handle your tax withholding: Use the default rate of 10% for Federal Taxes (unless otherwise directed with this form or an attached W-4P, all unforeseeable emergency withdrawals will use a default rate of 10% for Federal Taxes) If choosing to use the default rate, check here r if you wish to increase your distribution to pay for the 10% tax withholding. r r Please use the withholding I designated on the attached W-4P form r Do not withhold Federal taxes from my withdrawal. I will be liable for all Federal taxes that may result from this withdrawal Certification Under penalty of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person. Signature & Authorization I verify that all information provided on this application is current, complete, and accurate. I verify that my event may not be relieved using funds available from my checking, savings, stocks, mutual funds, securities, insurance, other assets or by ceasing my deferrals. I understand it is my responsibility to and I agree to maintain the documentation supporting this unforeseeable emergency request. I understand that these funds may not be rolled over into an IRA, 401, 403(b), or another 457 plan. I understand that if I am still deferring to the Plan, my request for unforeseeable emergency withdrawal may be denied. Thank you for your participation in the deferred compensation program. If you have any questions, please call us at 1-866-827-NMEX. The Internal Revenue Service does not require your consent to any provision of this document other than the certifications required to avoid backup withholding. Participant’s Signature Date Nationwide Retirement Solutions • P.O. Box 182797 • Columbus, OH 43218-2797 • 1-866-827-NMEX(6639) • www.newmexico457dc.com DC-4072-0714 Loss of Income Verification Please Read Employee Information This form is to be completed by your employer and returned to Nationwide Retirement Solutions as soon as possible to aid in your request. Name of Employee: Employee’s Social Security Number Date Employed: Employee’s Hourly Rate: Dates of Work Missed: FROM_______________________________________ TO ______________________________________ Unpaid Dates of Work Missed Due to Involuntary Reasons: (If the dates missed are not consecutive, please list them below in the Additional Comments section) FROM_______________________________________ TO ______________________________________ Is the employee eligible for or have they received worker’s compensation? r Yes r No If yes, how much are they eligible for or how much have they received? Is the employee eligible for or have they received disability benefits? r Yes r No If yes, how much are they eligible for or how much have they received? Has the employee used up all available sick time, vacation time, or any other type of accruals available to them? r Yes r No If no, how much sick time, vacation time, or other accruals do they have available for use? Reasons why the dates missed were unforeseeable and beyond the employee’s control: Additional Comments: Employer Information and Authorization This section is to be filled out and signed by the person who completed this form. Please complete this form in its entirety. Questions left unanswered may result in further delay. Name: Title: Phone Number: Signature: Date: W-4P Federal Tax Form Instruction Sheet PURPOSE OF FORM: The purpose of the W-4P Form is to provide your deferred compensation plan administrator with the federal tax information necessary to process your payout. PLEASE NOTE: We do not require that you complete the Personal Allowances Worksheet or the Multiple Pensions/More Than One Income Worksheet. However, we do require that you complete the “Withholding Certificate for Pension or Annuity Payments Section” as indicated below. INFORMATION REQUIRED: (Please print or type all information) Name & Address Information: w Name - First, Middle, Last w Your Social Security Number w Your Home Address - include apartment number or rural route if applicable w City, State and Zip Code w Claim or Identification Number of Pension/Annuity Contract (not applicable) Tax Information: 1. Place an “X” in the box if you elect not to have income taxes withheld 2. Indicate the Number of Allowances and place an “X” in the box indicating your marital status. 3. Indicate any additional federal tax amount you want withheld from each annuity check. Sign and date the W-4P Form and attach it to your Unforeseeable Emergency application. Return both forms to Nationwide Retirement Solutions, P.O. Box 182797, Columbus, OH 43218-2797. W-4P Federal Tax Form Instruction Sheet We do not require you submit a W-4P form in order to process your payout request. However, you may wish to complete and submit the attached form if you wish to have more federal income tax withheld than is required. Refer to the “Special Tax Notice Regarding Plan Payments” for information about what payments are eligible for rollover. If your payment is an eligible rollover distribution, federal regulations require that 20% of the payment be withheld. If your payment is not eligible for rollover, the default federal withholding is 10% for lump sum payments and married with three exemptions for periodic payments. If submitting the form, provide the following information (print or type all information): Name & Address Information: Name – First, Middle, Last Your Social Security Number Home Address – Include apartment number or rural route if applicable City, State, Zip Code Claim or Identification Number of Pension/Annuity Contract Tax Information: 1. Place an “X” in the box if you elect not to have income taxes withheld 2. Indicate Number of Allowances, in addition, place an “X” in the box that indicates your marital status 3. Indicate any additional federal tax amount you want withheld from each annuity check. Sign and Date the form NRI-0359AO.5 DC-2353-0114
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