AMD 2007 Annual Report Download - page 198

(2) If a Participant has no surviving spouse at the time of such Participant’s death, his designated beneficiary shall be such Participant’s
executor or administrator of such Participant’s estate; or
(3) If there is no administrator of such Participant’s estate duly appointed and acting in that capacity within ninety (90) days after the
Participant’s death (or such extended period as the Committee determines is reasonably necessary to allow such personal representative to
be appointed, but not to exceed one hundred eighty (180) days after the Participant’s death), then Beneficiary shall mean the person or
persons who can verify by affidavit or court order to the satisfaction of the Committee that they are legally entitled to receive the benefits
specified hereunder.
(4) In the event any amount is payable under the Plan to a minor, payment shall not be made to the minor, but instead be paid (i) to that person’s
living parent(s) to Account as custodian, (ii) if that person’s parents are then divorced, and one parent is the sole custodial parent, to such
custodial parent, or (iii) if no parent of that person is then living, to a custodian selected by the Committee to hold the funds for the minor
under the Uniform Transfers or Gifts to Minors Account in effect in the jurisdiction in which the minor resides. If no parent is living and the
Committee decides not to select another custodian to hold onto the funds for the minor, then payment shall be made to the duly appointed
and currently acting guardian of the estate for the minor, or if not guardian of the estate for the minor is duly appointed and currently acting
within sixty (60) days after the date the amount becomes payable, payment shall be deposited with the court having jurisdiction over the
estate of the minor.
Payment by Company pursuant to this section of all benefits owed hereunder shall terminate any and all liability of the Company.
8.5 Payments Pursuant to a Qualified Domestic Relations Order. To the extent that a Participant’s benefits are partitioned under an order which satisfies
the requirements to be a Qualified Domestic Relations Order, as defined in ERISA Section 206(d) if it were issued with regard to a retirement plan
qualified under Code Section 401(a) (a “QDRO”), the “alternate payee’s” benefits shall be paid in cash, in a single lump sum, as soon as administratively
practicable following the date the QDRO is approved by the Committee. In the event that an alternate payee dies prior to the date that his benefits are
eligible for distribution hereunder, his benefits shall be fully vested and shall be paid to the alternate payee’s designated beneficiary as soon as
administratively feasible following his date of death. Payments made to an alternate payee, or an alternate payee’s beneficiary, shall be in the form of a
single lump sum cash payment.
8.6 Unclaimed Benefits. In the case of a benefit payable to or on behalf of a Participant, if the Committee after a reasonable search is unable to locate the
Participant or beneficiary to whom such benefit is payable, upon the Committee’s determination thereof, such benefit shall be forfeited to the Company.
The Committee shall adopt procedures
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Source: ADVANCED MICRO DEVIC, 10-K, February 26, 2008