AMD 2004 Annual Report Download - page 139

(a) As soon as practicable after the Committee approved a DRO, the Committee may establish a separate bookkeeping account (“Account”) for the
Alternate Payee to which shall be transferred the portion of the Participant’s Accounts which are assigned to the Alternate Payee under the DRO. Any such
Account shall, to the extent applicable, be established and maintained in accordance with the terms of Article IV and Article V. Except as a DRO may
otherwise provide, if a single amount or percentage of such Participant’s Accounts is assigned to an Alternate Payee, the transfer to the Account
established for the Alternate Payee shall be made pro rata from such investments as the assets of the Participant’s Accounts are then deemed to be
invested.
(b) The Alternate Payee shall be permitted to designate the type of mutual funds or contracts that his or her Account will be deemed to be invested in
accordance with the procedures set forth in Section 3.2. If the Alternate Payee fails to elect a type of fund or contract, he or she shall be deemed to have
elected the Fund determined by the Committee to most closely approximate a money market fund in accordance with the procedures set forth in Section
3.2.
(c) The Alternate Payee may not borrow from the Account established for the Alternate Payee.
(d) To the extent provided in the DRO, the Alternate Payee may elect to have his or her Account distributed as follows:
(1) In an immediate lump sum;
(2) At the time and in the form elected by the Alternate Payee pursuant to Article VI, provided however, that the Alternate Payee must commence
distribution of the Alternate Payee’s Account no later than the time that the Participant (or the Participant’s Beneficiary, if applicable) commences
distribution of his or her Accounts; or
(3) At a time and in a form approved by the Committee, provided however, that the Alternate Payee must commence distribution of the Alternate
Payee’s Account no later than the time that the Participant (or the Participant’s Beneficiary, if applicable) commences distribution of his or her
Accounts.
(e) If the Alternate Payee dies prior to the time that the Alternate Payee has received all or any portion of the Alternate Payee’s Account, the
amounts recorded in such account may be paid to the beneficiary (“Beneficiary”) designated by the Alternate Payee on forms provided by the Committee.
If the Alternate Payee does not make an effective designation of Beneficiary or if the designated Beneficiary is not living when a distribution is to be
made, such amounts shall be paid to the Alternate Payee’s estate, except as a DRO may otherwise provide. Such amounts shall be paid at the time and in
the manner permitted under the terms of the Plan and approved by the Committee.
2
Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2005