Health Net 2011 Annual Report Download - page 294

Exhibit 10.72
FOURTH AMENDMENT
TO THE
HEALTH NET, INC. 401(k) SAVINGS PLAN
(As Amended and Restated effective January 1, 2008)
WHEREAS, Health Net, Inc. (the “Company”) heretofore has adopted and maintains the Health Net, Inc. 401(k) Savings
Plan (the “Plan”) for the benefit of its eligible employees of the Company and certain of its affiliates; and
WHEREAS, the Company desires to make certain changes to the Plan to clarify permissible investment transfers,
investment elections and loans and to expand the hardship withdrawal provisions to permit payment of funeral expenses of a domestic
partner.
NOW, THEREFORE, pursuant to the power of amendment contained in Section 15.1 of the Plan, the Plan is hereby
amended, effective as of the dates set forth below:
1. Effective as of January 1, 2008, Section 2(12) of the Plan is hereby amended in its entirety to read as follows:
(12) Compensation Committee. The Compensation Committee of the Board of Directors of the Company.
Effective as of January 1, 2008, the phrase “Compensation and Stock Option Committee” is hereby replaced in all places it
appears in the Plan with the phrase “Compensation Committee”.
2. Effective as of April 1, 2011, Section 2 of the Plan contained two different definitions in paragraph (13A), “Domestic
Partner” and “Distributee.” Effective as of April 1, 2011, the Plan is hereby amended to provide that paragraph (13A) shall continue
to provide the definition of “Distributee” and that a new paragraph (13B) shall be added immediately following paragraph (13A) to
provide the current definition of “Domestic Partner” which reads as follows:
(13B) Domestic Partner. (a) a same sex individual married to a Participant under the state laws applicable to such
Participant at the time of such marriage, (b) the civil union of an individual who is the same sex or opposite sex of a Participant
under the state laws applicable to such Participant at the time of such civil union, or (c) a domestic partner who is the same sex
or opposite sex of a Participant and, together with the Participant, has registered with a state or local government’s domestic
partnership registry. No Participant may simultaneously have a Spouse and a Domestic Partner. In the event of such a conflict,
the Participant will be deemed to have a Spouse and not to have a Domestic Partner to the extent required by federal law.
However, if federal law does not require that the Plan recognize the Spouse only, then the Plan will recognize the person who
first entered into a valid relationshi
p
with the Partici
p
ant,
p
rovided such relationshi
p
has not been dissolved.