Amgen 2013 Annual Report Download - page 166

the percentage of his or her Account Balance to have gains and losses measured by a Measurement Fund.
(c) Measurement Funds. From time to time, the Senior Vice President, Human Resources of the Company (or his
delegate) in such person’s sole discretion shall select and announce to Participants such person’s selection of mutual
funds, insurance company separate accounts, indexed rates or other methods (each, a “Measurement Fund”), for the
purpose of providing the basis on which gains and losses shall be attributed to Account Balances under the Plan. The
Senior Vice President, Human Resources of the Company (or his delegate) may, in such person’s sole discretion,
discontinue, substitute, or add a Measurement Fund at any time. Each such action shall take effect after a reasonable
period of time following the day on which Participants are given written notice of such change.
(d) Crediting or Debiting Method. The performance of each elected Measurement Fund (either positive or negative)
will be determined by the Senior Vice President, Human Resources of the Company (or his delegate), in such person’s
reasonable discretion, based on available reports of the performance of the Measurement Funds. A Participant’s Account
Balance shall be credited or debited on a daily basis based on the performance of each Measurement Fund selected by the
Participant, as determined by Senior Vice President, Human Resources of the Company (or his delegate), in such
person’s sole discretion, as though: (i) a Participant’s Account Balance were invested in the Measurement Fund(s)
selected by the Participant, in the percentages applicable to such day, as of the close of business on such day, at the
closing price on such date; (ii) the portion of the Annual Deferral Amount that was actually deferred during any day
were invested in the Measurement Fund(s) selected by the Participant, in the percentages applicable to such day, no
later than the close of business on the first business day after the day on which such amounts are actually deferred from
the Participant’s Annual Base Salary through reductions in his or her payroll and from the Participant’s Annual Bonus,
at the closing price on such date; and (iii) any distribution made to a Participant that decreases such Participant’s Account
Balance ceased being invested in the Measurement Fund(s), in the percentages applicable to such day, no later than one
business day prior to the distribution, at the closing price on such date.
(e) No Actual Investment. Notwithstanding any other provision of this Plan that may be interpreted to the contrary, the
Measurement Funds are to be used for measurement purposes only, and a Participant’s election of any such
Measurement Fund, the allocation to his or her Account Balance thereto, the calculation of additional amounts and the
crediting or debiting of such amounts to a Participant’s Account Balance shall not be considered or construed in any
manner as an actual investment of his or her Account Balance in any such Measurement Fund. In the event that an
Employer or the Trustee (as that term is defined in the Trust), in its own discretion, decides to invest funds in any or all
of the Measurement Funds, no Participant shall have any rights in or to such investments themselves. Without limiting
the foregoing, a Participant’s Account Balance shall at all times be a bookkeeping entry only and shall not represent any
investment made on his or her behalf by an Employer or the Trust; the Participant shall at all times remain an
unsecured creditor of the Employer.
3.8 FICA and Other Taxes. For each Plan Year in which an Annual Deferral Amount is being withheld from a Participant or a
portion or all of an Annual Company Contribution Amount becomes Vested, the Participant’s Employer(s) shall withhold from
that portion of the Participant’s Annual Base Salary or Annual Bonus that is not being deferred, in a manner determined by the
Employer(s), the
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