McKesson 2005 Annual Report Download - page 112

With respect to deferrals made prior to January 1, 1994, deferred funds shall be distributed upon a Change in Control, if the Participant
has so elected.
F. SOURCE OF PAYMENT
Amounts paid under this Plan shall be paid from the general funds of the Company, and each Participant and his or her Beneficiaries shall
be no more than unsecured general creditors of the Company with no special or prior right to any assets of the Company for payment of any
obligations hereunder. Nothing contained in this Plan shall be deemed to create a trust of any kind for the benefit of any Participant or
Beneficiary, or create any fiduciary relationship between the Company and any Participant or Beneficiary with respect to any assets of the
Company.
G. MISCELLANEOUS
1. Withholding. Each Participant and Beneficiary shall make appropriate arrangements with the Company for the satisfaction of any
federal, state or local income tax withholding requirements and Social Security or other employment tax requirements applicable to the
payment of benefits under this Plan. If no other arrangements are made, the Company may provide, at its discretion, for such withholding and
tax payments as may be required.
2. No Assignment.
a. Other than as provided in Section G.2.b below, the benefits provided under this Plan may not be alienated, assigned, transferred,
pledged or hypothecated by any person, at any time or to any person whatsoever. These benefits shall be exempt from the claims of creditors or
other claimants and from all orders, decrees, levies, garnishments or executions to the fullest extent allowed by law.
b. If a court of competent jurisdiction determines pursuant to a judgment, order or approval of a marital settlement agreement that all or
any portion of the benefits payable hereunder to a Participant constitute community property of the Participant and his or her spouse or former
spouse (hereafter, the “Alternate Payee”) or property which is otherwise subject to division by the Participant and the Alternate Payee, a
division of such property shall not constitute a violation of Section G.2.a, and any portion of such property may be paid or set aside for
payment to the Alternate Payee. The preceding sentence of this Section G.2.b, however, shall not create any additional rights and privileges for
the Alternate Payee (or the Participant) not already provided under the Plan; in this regard, the Administrator shall have the right to refuse to
recognize any judgment, order or approval of a martial settlement agreement that provides for any additional rights and privileges not already
provided under the Plan, including without limitation, with respect to form and time of payment.
3. Applicable Law and Severability. The Plan hereby created shall be construed, administered and governed in all respects in accordance
with ERISA and the laws of the State of California to the extent that the latter are not preempted by ERISA. If any provision of this instrument
shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions hereunder shall continue to be
effective. If any provision this amendment and restatement is deemed to be a “material modification” of this Plan which would cause
7