Amgen 2013 Annual Report Download - page 160

1.17 “Deferral Account” shall mean (i) the sum of all of a Participant’s Annual Deferral Amounts, plus (ii) amounts credited (net
of amounts debited) in accordance with all the applicable provisions of this Plan that relate to the Participant’s Deferral Account,
less (iii) all distributions made to the Participant or his or her Beneficiary pursuant to this Plan that relate to his or her Deferral
Account.
1.18 “Disability” shall mean any medically determinable physical or mental impairment resulting in a Participant’s inability to
perform the duties of his or her position or any substantially similar position, where such impairment can be expected to result in
death or can be expected to last for a continuous period of not less than six months. The determination of whether a Participant
has a Disability shall be made by the Employer’s short-term disability insurance carrier or administrator (or, if none, by the
Committee).
1.19 “Election Form” shall mean the written or electronic form established from time to time by the Committee that a Participant
completes and returns to the Committee to make an election under the Plan.
1.20 “Employee” shall mean a person whom an Employer classifies as an Employee for payroll tax or tax reporting purposes.
1.21 “Employer” shall be defined as follows:
(a) Except as otherwise provided in part (b) of this Section, the term “Employer” shall mean the Company and/or any of its
subsidiaries or affiliates (now in existence or hereafter formed or acquired) that have been selected by the Board to
participate in the Plan, through designation in Appendix A of the Plan, and have adopted the Plan by permitting their
Employees to participate in the Plan.
(b) For the purpose of determining whether a Participant has experienced a Separation From Service, the term “Employer”
shall mean the entity for which the Participant performs services and with respect to which the legally binding right to
compensation deferred or contributed under this Plan arises. In addition, the term “Employer” shall include all other
entities with which the entity described in the preceding sentence would be aggregated and treated as a single employer
under Code Section 414(b) (controlled group of corporations) and Code Section 414(c) (a group of trades or businesses,
whether or not incorporated, under common control), as applicable.
1.22 “ERISA” shall mean the Employee Retirement Income Security Act of 1974, as it may be amended from time to time.
1.23 “401(k) Plan” shall mean the Amgen Retirement and Savings Plan adopted by the Company, as it may be amended from time
to time.
1.24 “Participant” shall mean any Employee (i) who is selected by the Committee from among the highly compensated or
management employees of the Employer to participate in the Plan, through designation in Appendix B attached to the Plan, (ii)
who elects to participate in the Plan (or has an amount credited to his or her Company Contribution Account), (iii) who signs a
Plan Agreement and an Election Form (with respect to any Annual Deferral Amount), (iv) whose signed Plan Agreement and
Election Form are accepted by the Committee, (v) who commences participation in the Plan, and (vi) whose Plan participation
has not terminated by virtue of a complete distribution of his or her
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