VMware 2013 Annual Report Download - page 139
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(m) or during the period beginning with the Participant’
s Separation from Service and ending on the later of
the last day of the Employer’s taxable year in which the Participant separates from service or the 15th day
of the third month following the Participant’s Separation from Service. If a scheduled payment to a
Participant is delayed in accordance with this Section 9.8(a), all scheduled payments to the Participant that
could be delayed in accordance with this Section 9.8(a) will also be delayed.
918
(b The Employer may also delay payment if it reasonably anticipates that the making of the payment will
violate federal securities laws or other applicable laws provided payment is made at the earliest date
on which the Employer reasonably anticipates that the making of the payment will not cause such
violation.
(c The Employer reserves the right to amend the Plan to provide for a delay in payment upon such other
events and conditions as the Secretary of the Treasury may prescribe in generally applicable
guidance published in the Internal Revenue Bulletin.
9.9 Permitted Acceleration of Payment . The Employer may permit acceleration of the time or schedule of any
payment or amount scheduled to be paid pursuant to a payment under the Plan provided such acceleration
would be permitted by the provisions of Reg. Sec. 1.409A
-3(j)(4), including the following events:
(a) Domestic Relations Order. A payment may be accelerated if such payment is made to an alternate
payee pursuant to and following the receipt and qualification of a domestic relations order as defined in
Code Section 414(p).
(b) Compliance with Ethics Agreements and Legal Requirements. A payment may be accelerated as
may be necessary to comply with ethics agreements with the Federal government or as may be
reasonably necessary to avoid the violation of Federal, state, local or foreign ethics law or conflicts of
laws, in accordance with the requirements of Code Section 409A.
(c)
[Reserved]
(d) FICA Tax. A payment may be accelerated to the extent required to pay the Federal Insurance
Contributions Act tax imposed under Code Sections 3101, 3121(a) and 3121(v)(2) of the Code with
respect to compensation deferred under the Plan (the “FICA Amount”). Additionally, a payment may be
accelerated to pay the