Amgen 2013 Annual Report Download - page 173

ARTICLE 9
Leave of Absence
9.1 Paid Leave of Absence. If a Participant is authorized by the Participant’s Employer for any reason to take a paid leave of
absence from the employment of the Employer, and such leave of absence does not constitute a Separation from Service, the
Participant shall continue to be considered eligible for the benefits provided under the Plan, and the Annual Deferral Amount
shall continue to be withheld during such paid leave of absence in accordance with Article 3.
9.2 Unpaid Leave of Absence. If a Participant is authorized by the Participant’s Employer for any reason to take an unpaid leave of
absence from the employment of the Employer, and such leave of absence does not constitute a Separation from Service, the
Participant shall continue to be considered employed by the Employer, and deferrals shall not be made, in the absence of
compensation. Upon such expiration of the unpaid leave and resumption of entitlement to compensation, deferrals shall resume
for the remaining portion of the Plan Year in which the return occurs, based on the deferral election, if any, made for that Plan
Year. If no election was made for that Plan Year, no deferral shall be withheld.
ARTICLE 10
Termination/Amendment or Modification
10.1 Termination. Although the Company anticipates that it will continue the Plan for an indefinite period of time, there is no
guarantee that the Company will continue the Plan or will not terminate the Plan at any time in the future. Accordingly, by
action of its Board of Directors or the Committee, the Company reserves the right to discontinue its sponsorship of the Plan and
to terminate the Plan at any time in accordance with one of the following circumstances set forth in subsections (a) through (c)
below and in Treasury Regulation Section 1.409A-3(j)(4)(ix):
(a) The Company may terminate the Plan if the termination and liquidation is not proximate to a downturn in the
Company’s financial health and:
(i) The Plan and all other plans maintained by the Company that would be aggregated with the Plan under Treasury
Regulation Section 1.409A-1(c) are irrevocably terminated;
(ii) No payments other than payments that would otherwise be payable under the terms of the Plan are made within
12 months following the date the Company takes all necessary actions to terminate and liquidate the Plan;
(iii) Except with respect to the Participants who became entitled to benefits under the terms of the Plan and any
other plan maintained by the Company that would be aggregated with the Plan under Treasury Regulation
Section 1.409A-1(c) within the first 12 months following the date such plans are irrevocably terminated, all
payments to the Participants due under the terms of such plans must be made between the first day of the 13th
month and the last day of the 24th month following the date such plans terminated; and
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