AMD 2007 Annual Report Download - page 199

concerning the process that will be followed to locate a Participant or beneficiary under this Section. Notwithstanding the foregoing, if subsequent to any
such forfeiture the Participant or beneficiary to whom such benefit is payable makes a valid claim for such benefit within a reasonable (as determined by
and in the discretion of the Committee) period of time following the date such benefit became payable, such forfeited benefit shall be payable pursuant to
the Plan provisions.
ARTICLE IX.
TRANSITION RULES
9.1 Deferral Elections for Plan Years 2005 through 2007. After enactment of Code Section 409A and pending the issuance of Final Treasury Regulations
under Code Section 409A, this Plan was administered in the following manner:
(a) Participants were required to make elections to defer Compensation related to services performed during the calendar year commencing on
January 1, 2006 before December 31, 2005.
(b) Participants were required to make elections to defer Compensation related to services performed during the calendar year commencing on
January 1, 2007 before December 31, 2006.
(c) During the Plan Year ending December 31, 2005, Participants were permitted to make new distribution elections for amounts credited to their
accounts. These elections were not effective until January 1, 2006. This action was documented by a plan amendment adopted prior to December 31,
2005.
(d) Newly hired employees who were eligible to participate in the Plan and individuals who were promoted to a level of seniority that made them
eligible to participate in the Plan were permitted to file an election to defer Compensation in a manner consistent with the Proposed Regulations
issued under Code Section 409A.
9.2 Distribution Elections.
(a) Grandfathered Benefits Subaccounts, Distribution elections applicable to Grandfathered Benefits have been consistently administered as filed by
the Participant. Such elections have been modified only as permitted under the Plan’s terms as applicable prior to the adoption of Code
Section 409A.
(b) 409A Benefits Subaccounts.
(1) Effective with respect to the Plan Years beginning January 1, 2005 and January 1, 2006, at the time a Participant made an election to defer
an amount attributable to 409A Benefits, the Participant was required to make an election as to the form of distribution of such amount, as
provided in Section 8.4(2)(b) hereof. If no such election was made, the distribution of such amount will be in the form of a single lump sum
cash payment.
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Source: ADVANCED MICRO DEVIC, 10-K, February 26, 2008