Amgen 2013 Annual Report Download - page 171

(b) Return to Work. If a Participant returns to employment with an Employer after a Disability ceases, the Participant
may elect to defer an Annual Deferral Amount for the Plan Year following his or her return to employment or service
and for every Plan Year thereafter while a Participant in the Plan, provided such deferral elections are otherwise allowed
and an Election Form is delivered to and accepted by the Committee for each such election in accordance with Section
3.2, above.
ARTICLE 8
Distributions - General
8.1 Generally. Except as otherwise provided, any and all distributions pursuant to Articles 4 through 6 shall be subject to the terms
and conditions of this Article 8.
8.2 Six-Month Delayed Payment. If, at the time of the Participant’s Separation from Service, the Participant is a “specified
employee” (within the meaning of Section 409A of the Code and Treasury Regulation Section 1.409A-1(i)), the Employer will
not pay or provide any “Specified Benefits” (as defined herein) during the six-month period beginning with the date of the
Participant’s Separation from Service (the “409A Suspension Period”). In the event of a Participant’s death, however, the
Specified Benefits shall be paid to the Participant’s Beneficiary without regard to the 409A Suspension Period. For purposes of
this Plan, “Specified Benefits” are any amounts of the Participant’s Account Balance that would be subject to Section 409A
additional taxes if the Employer were to pay them, pursuant to this Plan, on account of the Participant’s Separation from
Service. During the 409A Suspension Period, the Account Balance will continue to be credited or debited in accordance with
Section 3.7(a) above until the Account Balance is distributed. Within 14 calendar days after the end of the 409A Suspension
Period, the Participant shall be paid a lump-sum payment in cash equal to any Specified Benefits delayed during the 409A
Suspension Period.
8.3 Accelerated Distributions. Distributions may not be accelerated, except as provided in this Section 8.3 and Article 10.
Distributions may be accelerated under the following circumstances:
(a) A Participant who has elected to receive any Annual Deferrals under the Annual Installment Method subsequently
elects to change from installments to a lump-sum distribution, provided the change in the distribution election satisfies
the requirements set forth in Sections 5.3 or 6.4 above.
(b) A Participant becomes liable for FICA taxes with respect to any portion of the Participant’s Account Balance, provided
that if an accelerated distribution is made pursuant to this paragraph, the amount distributed shall not exceed the
aggregate of the FICA taxes imposed on the Participant’s Account Balance plus any income tax withholding required for
the FICA withholdings.
(c) The Plan fails to meet the requirements of Code Section 409A with respect to a Participant, provided that if an
accelerated distribution is made pursuant to this paragraph, the amount that shall be distributed shall not exceed the
amount required to be included in income as a result of the failure to comply with Code Section 409A.
8.4 Delayed Distributions. Except as provided in Sections 5.3, 6.4, 8.2, and this Section 8.4, payments may not be delayed.
Distributions may be delayed under the following circumstances:
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