United States Code, Volum 5Office of the Law Revision Counsel of the House of Representatives, 1988 |
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Side 324
... participant , and ( 2 ) procedures for certifi- cation , by designated State units , of individuals eligible to participate in any program under this section . ( As amended Pub . L. 99-506 , title I , § 103 ( d ) ( 2 ) ( C ) , Oct. 21 ...
... participant , and ( 2 ) procedures for certifi- cation , by designated State units , of individuals eligible to participate in any program under this section . ( As amended Pub . L. 99-506 , title I , § 103 ( d ) ( 2 ) ( C ) , Oct. 21 ...
Side 334
... PARTICIPANTS DYING ON OR AFTER DATE OF ENACTMENT . - In the case of any participant- " ( A ) who has at least 1 hour of service under the plan on or after the date of the enactment of this Act [ Aug. 23 , 1984 ] or has at least 1 hour ...
... PARTICIPANTS DYING ON OR AFTER DATE OF ENACTMENT . - In the case of any participant- " ( A ) who has at least 1 hour of service under the plan on or after the date of the enactment of this Act [ Aug. 23 , 1984 ] or has at least 1 hour ...
Side 335
... participant during the period- “ ( A ) beginning on the date of the enactment of this Act ( Aug. 23 , 1984 ] , and " ( B ) ending on the earlier of the participant's annuity starting date or the date of the partici- pant's death . " ( 4 ) ...
... participant during the period- “ ( A ) beginning on the date of the enactment of this Act ( Aug. 23 , 1984 ] , and " ( B ) ending on the earlier of the participant's annuity starting date or the date of the partici- pant's death . " ( 4 ) ...
Side 336
... participant attains age 65 , ( ii ) in the case of a plan participant who commences participation in the plan within 5 years before attaining normal retirement age under the plan , the 5th anniversary of the time the plan participant ...
... participant attains age 65 , ( ii ) in the case of a plan participant who commences participation in the plan within 5 years before attaining normal retirement age under the plan , the 5th anniversary of the time the plan participant ...
Side 337
... participant and beneficiary ( including an alternate payee as defined in section 1056 ( d ) ( 3 ) ( K ) of this ... participants and beneficiaries receiving payments under the plan , ( C ) the present value of all nonforfeitable benefits ...
... participant and beneficiary ( including an alternate payee as defined in section 1056 ( d ) ( 3 ) ( K ) of this ... participants and beneficiaries receiving payments under the plan , ( C ) the present value of all nonforfeitable benefits ...
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1986 AMENDMENT Amendment 98 Stat action administrator agency amended Pub amending sections Amendment by Pub AMENDMENTS 1986-Subsec amount applicable appointed appropriate attorney bankruptcy judges benefit certificate change is intended chapter claim clerk Commissioner COMMITTEE ON RULES-1987 corporation court of appeals deposition determined district court edition for text EFFECTIVE DATE employee enactment Federal fees filed fiscal FRAP funds independent counsel individuals with handicaps Internal Revenue Code judgment judicial lease liability main edition ment motion note under section NOTES OF ADVISORY notice paragraph participant party payment pending period person plaintiff pleading prescribed proceedings purposes pursuant record REFERENCES IN TEXT rehabilitation relating Repealed request respect Rule RULES-1987 AMENDMENT Secretary SECTION REFERRED SECTIONS This section served spect subchapter subdivision subparagraph Subsec substituted termination tion title 11 title 26 title IX trial United States Code United States trustee
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Side 138 - Rule 30 (b) or (d) , the deponent may be examined regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the examining party or to the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts. It is not ground for objection...
Side 149 - Findings of fact, whether based on oral or documentary evidence, shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses. The findings of a master, to the extent that the court adopts them, shall be considered as the findings of the court.
Side 185 - If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56.
Side 131 - When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure so to amend does not affect the result of the trial of these issues.
Side 444 - No objection that has not been urged before the Board, its member, agent, or agency, shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances.
Side 244 - The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than one year after the judgment, order, or proceeding was entered or taken.
Side 194 - The officer before whom the deposition is to be taken shall put the witness on oath and shall personally, or by someone acting under his direction and in his presence, record the testimony of the witness. The testimony shall be taken stenographically and transcribed unless the parties agree otherwise.
Side 131 - Otherwise a party may amend his pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires.
Side 195 - The deposition of a witness, whether or not a party, may be used by any party for any purpose...
Side 203 - When more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or third-party claim, or when multiple parties are involved, the court may direct the entry of a final judgment as to one or more but fewer than all of the claims or parties only upon an express determination that there is no just reason for delay and upon an express direction for entry of judgment.