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Amendment of Distribution Elections—PostSubaccounts
Amendment of Distribution Elections—PostSubaccounts contract clause examples

Amendment of Distribution Elections—Pre-2005 Subaccounts. A Participant may elect to change the time and manner of distributions from the Pre-2005 Subaccounts in the Participant’s Deferral Account in accordance with the terms of the Plan as in effect on October 3, 2004; provided that no such election shall be effective unless the election is made and received by the Company before the Participant’s Termination of Employment or Disability and before the first day of the calendar year in which payments # are to begin pursuant to such election and # would have begun absent such election.

Amendment of Distribution Elections—2005-2008 Subaccounts. (1) Before January 1, 2009 and subject to compliance with the requirements for a transition election under Code Section 409A, a Participant may elect to change the time and manner of distributions from the 2005-2008 Subaccounts in the Participant’s Deferral Account; provided that no such election shall be effective unless the election was made and received by the Company before the Participant’s Termination of Employment or Disability and before January 1, 2009.

Amendment of Distribution Elections—Post-2008 Subaccounts. A Participant may elect to change the time and manner of distributions to be made on a specified date elected by the Participant from the Post-2008 Subaccounts in the Participant’s Deferral Account; provided that # such election must be made and received by the Company before the Participant’s Termination of Employment or Disability, # such election shall not take effect until at least 12 months after the date on which it is made, # such election may not be made less than 12 months before the date the first such payment is scheduled to be paid, and # the payment with respect to which such election is made must be deferred for a period of not less than 5 years from the date the first such payment would otherwise have been paid. For purposes of Code Section 409A, an election to receive installment payments shall be treated as an election to receive a single payment.

After December 31, 2008, a Participant may elect to change the time and manner of distributions to be made on a specified date elected by the Participant from the 2005-2008 Subaccounts in the Participant’s Deferral Account; provided that # such election must be made and received by the Company before the Participant’s Termination of Employment or Disability, # such election shall not take effect until at least 12 months after the date on which it is made, # such election may not be made less than 12 months before the date the first such payment is scheduled to be paid, and # the payment with respect to which such election is made must be deferred for a period of not less than 5 years from the date the first such payment would otherwise have been paid. For purposes of Code Section 409A, an election to receive installment payments shall be treated as an election to receive a single payment.

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