Dell 2008 Annual Report Download - page 162
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Benefits is to be paid, the Member shall be deemed to have elected payment of such amounts in the form of a single lump sum cash payment.
(d) Change in the Form of Payment. With respect to 409A Benefits, a modification of a Member's previous election related to the form of
distribution with respect to such amounts shall not be effective unless all of the following requirements are satisfied:
(A) The modified election shall not be effective for at least twelve (12) months following the date on which the modified election is filed with
the Committee.
(B) Except in the case of modified elections relating to distributions on account of death or Unforeseeable Emergency, the modified election
must provide that payment will not be made or commence for at least five (5) years from the date payment would otherwise have been
made or commenced.
(C) A modified election relating to a distribution to be made on a specified future date or under a fixed payment schedule shall be filed at least
twelve (12) months prior to the date of the first otherwise scheduled payment.
(D) A modified election shall not accelerate the time or schedule of any payment under the Plan, except as may be permitted pursuant to the
applicable Treasury Regulations.
Solely for purposes of applying the election modification restrictions described in this Section 7.3(d), a Member's election to be paid in
installment payments shall be treated as an election of a single lump sum cash payment to be made on the date the installment payments are
scheduled to commence.
(e) Death of Member. If a Member dies prior to the date on which the payment of 409A Benefits begins or is completed, such benefit, or the
remaining unpaid portion of such benefit, as the case may be, shall be paid to such Member's Beneficiary in a single lump sum cash payment,
notwithstanding any other form of payment elected by such Member.
(f) Distribution following Change of Control. The preceding notwithstanding, if the Section 7.3(b) "Triggering Event" of a Member's Account
attributable to 409A Benefits is a Change of Control, such benefits shall be paid to the Member in a single lump sum cash payment as soon as
administratively practicable following the Change of Control. In no event shall a distribution under this Section 7.3(f) be paid outside of the time
period permitted under Code Section 409A and the related Treasury Regulations.
7.4 Payments Pursuant to a Qualified Domestic Relations Order. To the extent that a Member's benefits are partitioned under a Qualified Domestic
Relations Order ("QDRO") pursuant to Section 11.2 hereof, the "alternate payee's" benefits shall be paid
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