Amgen 2013 Annual Report Download - page 162

does not retain a right to reemployment under an applicable statute or by contract, the Participant will incur a Separation
from Service as of the first day immediately following the end of such six-month period. However, where a
Participant’s leave of absence is due to his or her Disability, a 29-month period of absence will be substituted for such
six-month period. In applying the provisions of this paragraph, a leave of absence shall be considered a bona fide leave of
absence only if there is a reasonable expectation that the Participant will return to perform services for the Employer.
(c) Notwithstanding the foregoing, if a Participant who provides services to the Employer as both an Employee and a
member of the Board, then to the extent permitted by Treasury Regulation Section 1.409A-1(h)(5), the services
provided by such Participant as a Board member shall not be taken into account in determining whether the Participant
experiences a Separation from Service as an Employee, and the services provided by such Participant as an Employee
shall not be taken into account in determining whether the Participant has experienced a Separation from Service as a
Board member.
1.29 “Short-Term Payout” shall mean the payout set forth in Section 4.1.
1.30 “Trust” shall mean one or more trusts established pursuant to that certain Trust Agreement, dated as of January 1, 2002
between the Company and the trustee named therein, as amended from time to time.
1.31 “Unforeseeable Financial Emergency” shall mean an unanticipated emergency that is caused by an event beyond the control
of the Participant that would result in severe financial hardship to the Participant resulting from (i) a sudden and unexpected
illness or accident of the Participant, or the Participant’s spouse, Beneficiary, or dependent (as defined in Code Section 152,
without regard to Code Section 152(b)(1), (b)(2), and (d)(1)(B)), (ii) a loss of the Participant’s property due to casualty, or (iii)
another similar extraordinary and unforeseeable circumstance arising as a result of events beyond the control of the Participant,
all as determined in the sole discretion of the Committee, consistent with Treasury Regulation Section 1.409A-3(i)(3).
1.32 “Valuation Date” shall mean the last day of each Plan Year or any other date as of which the Committee, in its sole discretion,
designates as a Valuation Date.
ARTICLE 2
Selection/Enrollment/Eligibility
2.1 Selection by Committee. Participation in the Plan shall be limited to a select group of Employees of the Employers, each of
whom is a member of management or is highly compensated, and to members of the Board. From the group of employees who
are management or highly compensated, the Committee shall select, in its sole discretion, Employees to participate in the Plan,
and they shall be designated on Appendix B.
2.2 Enrollment Requirements. As a condition to participation, each member of the Board and selected Employee shall complete,
execute, and return to the Committee a Plan Agreement and an Election Form (with respect to any Annual Deferral Amount),
all within the timeframes set forth in Section 3.2. In addition, the Committee may establish from time to time such other
enrollment requirements as it determines in its sole discretion are necessary.
5