AMD 2007 Annual Report Download - page 197

Solely for purposes of applying the election modification restrictions described in this Subsection (b), a Participant’s election to be paid in
installment payments shall be treated as an election of a single lump sum cash payment to be made on the date the installment payments are
scheduled to commence.
(e) Death of Participant. If a Participant dies prior to the date the payment of his 409A Benefits Subaccount begins, such benefit shall be paid to such
Participant’s beneficiary designated in accordance with Section 8.4 in a single lump sum cash payment, notwithstanding any other form of payment
elected by such Participant. To the extent that the Participant had commenced payment in a series of annual installments, however, such installment
payments shall continue as elected and be paid to his Beneficiary.
8.4 Designation of Beneficiaries
(a) Each Participant shall have the right to designate the beneficiary or beneficiaries to receive payment of his benefit in the event of his death. Each
such designation shall be made by executing the beneficiary designation form prescribed by the Committee and filing such form with the Committee
during the life of such Participant. Any such beneficiary designation may be changed at any time by execution and filing of a new designation in
accordance with this subsection. The preceding notwithstanding, (i) if a Participant has designated his spouse as his beneficiary, such designation
shall be void and of no effect upon the divorce of the Participant and such spouse, unless the Participant notifies the Committee to the contrary in
writing after the date of such divorce, and (ii) if a Participant who is married on the date of his death has designated an individual or entity other
than his surviving spouse as his beneficiary, such designation shall not be valid unless (a) such surviving spouse has consented thereto in writing,
and such consent (i) acknowledges the effect of such specific designation, (ii) either consents to the specific designated beneficiary (which
designation may not subsequently be changed by the Participant without spousal consent) or expressly permits such designation by the Participant
without the requirement of further consent by such spouse, and (iii) is witnessed by a Plan representative (other than the Participant) or a notary
public, or (b) the consent of such spouse cannot be obtained because such spouse cannot be located or because of other circumstances that the
Committee in its discretion determines warrants a waiver of such consent. Any such consent by such surviving spouse shall be irrevocable.
(b) If at the time of the death of the Participant no beneficiary designation form is on file with the Committee, or such beneficiary designation form is
not valid or effective for any reason as determined by the Committee, then the designated beneficiary or beneficiaries to receive such benefit shall be
as follows and in the same priority:
(1) If a Participant has a surviving spouse at the time of such Participant’s death, his designated beneficiary shall be such surviving spouse;
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Source: ADVANCED MICRO DEVIC, 10-K, February 26, 2008