EMC 2010 Annual Report Download - page 108

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(2) Time and Form of Distribution. Each Participant must indicate on the election form when the amount to be deferred for the applicable
Plan Year is to be paid or, in the case of installments, is to commence being paid (e.g., upon Retirement, upon a fixed distribution date under
Section 6.2, or upon a Change of Control) and the method of payment (e.g., in a single lump sum payment, in a number of annual installments, or
in any other method approved by the Administrator).
(3) Irrevocability. Except as provided in Section 4.1(c), an election under Section 4.1(a) will become irrevocable for the applicable Plan
Year as of a date set by the Administrator that is no later than the close of business on the date immediately before the date the election becomes
effective under (1) above.
(c) Election to Change Time of Distribution. Any Participant who has made an irrevocable election to defer Compensation under Section 4.1(a)
may make an additional election to change the time of distribution and, in the Administrator's sole discretion, may also make an additional election to
change the form of distribution. Any election to change the time or form of distribution cannot take effect until at least twelve (12) months after the date
of the election and must defer payment not less than five (5) years from the date payment would otherwise be made. If a Participant changes his or her
election with respect to amounts that would be paid in installments, the additional election must apply to all installments associated with the Plan Year
(i.e., each installment must be delayed for at least five (5) years from its originally scheduled commencement date). Where a Participant initially elects
a fixed distribution date under Section 6.2, an election to change the timing of the payment must be made no less than twelve (12) months before the
originally scheduled fixed distribution date.
4.2. Company Credits. Notwithstanding any other provisions of the Plan, the Company is not obligated to credit a Company Credit to the Company
Credit Subaccount of a Company Credit Eligible Employee. However, the Company may make a Company Credit to the Company Credit Subaccount of a
Company Credit Eligible Employee in an amount the Company determines in its sole discretion.
Article 5. ACCOUNTS; INTEREST
5.1. Accounts. The Administrator will establish an Account for each Participant consisting of an Elective Deferral Subaccount and Company Credit
Subaccount, reflecting Elective Deferrals and Company Credits, respectively, and any adjustments. Elective Deferrals will be credited to each Participant's
Elective Deferral Subaccount as soon as administratively practicable after the Compensation would otherwise have been paid to the Participant. A
Participant's Elective Deferrals may be taken from the Participant's Compensation and credited to the Participant's Elective Deferral Subaccount ratably
during the applicable Plan Year or in
6