AMD 2007 Annual Report Download - page 182

ADVANCED MICRO DEVICES INC.
DEFERRED INCOME ACCOUNT PLAN
RECITALS
WHEREAS, Advanced Micro Devices, Inc., a corporation organized and existing under the laws of the State of California (the “Company”), previously
established the Advanced Micro Devices Inc. Executive Investment Account Plan, effective July 1, 2000 (the “Prior Plan”), to provide deferred compensation
benefits to the Company’s U.S. employees; and
WHEREAS, the Company has determined that it is required to amend and restate the Prior Plan’s terms to comply with certain changes in law resulting
from the enactment of Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”), and to make certain additional administrative changes; and
WHEREAS, the Company caused this Advanced Micro Devices Inc. Deferred Income Account Plan (the “Plan”), which will be effective January 1, 2008,
to be prepared to document the amendment and restatement of the Prior Plan’s terms to satisfy the applicable requirements of Code Section 409A with regard to
amounts that are not classified as “Grandfathered Benefits” (defined below) and intends that the Plan be interpreted and administered in accordance with Code
Section 409A and any regulatory guidance issued thereunder;
NOW THEREFORE, the Company hereby amends and restates the Prior Plan in its entirety as follows with no interruption in time, effective as of
January 1, 2008, except as otherwise indicated herein:
ARTICLE I.
DEFINITIONS AND CONSTRUCTION
1.1 Definitions. Where the following words and phrases appear in the Plan, they shall have the respective meanings set forth below, unless their context
clearly indicates to the contrary.
(a) Account: A Participant’s Deferral Account and Company Contribution Account, if any. The amounts credited to the Participant’s Deferral Account
and his Company Contribution Account shall be segregated and separately accounted for as follows:
(1) Grandfathered Benefits Subaccount. The portion of a Participant’s Deferral Account and Company Contribution Account, as applicable,
which holds amounts credited to such accounts for Plan Years beginning prior to January 1, 2005 (the “Grandfathered Benefits”).
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Source: ADVANCED MICRO DEVIC, 10-K, February 26, 2008