Qualcomm 2012 Annual Report Download - page 117

Distribution Date Election by filing a revocation or an amended Election at least twelve (12) months in advance of the
In-Service Distribution Date specified in the Election being revoked or amended. The amended In-
Service Distribution
Date must be in a Plan Year that is at least five (5) years after the In-
Service Distribution Date specified in the prior
Election. An In-
Service Distribution Date Election for any Deferral Subaccount may be amended only once. Nothing in
this Section 9.4.2 shall preclude a Participant from amending his or her Election as to the method of distribution in
accordance with Section 9.3.3, above.
9.4.3 Separation from Service Before the Planned In-Service Distribution Date .
If the Participant has
a Separation from Service with the Employer before his In-
Service Distribution Date for any reason (other than
Retirement or Disability, to the extent of a valid Retirement or Disability election), distribution of the Participant's
Account shall be made in a single lump sum payment within sixty (60) days after the Participant's Separation from
Service.
9.4.4 Separation from Service After Commencement of Installment In-Service Distributions
.
Notwithstanding any prior Election, if the Participant has a Separation from Service with the Employer for any reason
(other than Retirement or Disability, to the extent of a valid Retirement or Disability election) while receiving
In1
Service Distributions in the form of installments, distribution of the Participant's remaining installments shall be
made in a single lump sum payment within sixty (60) days after the Participant's Separation from Service.
9.5 Distribution Upon Death of Participant .
If a Participant dies before his or her Benefit payments have
commenced, then such Participant's Benefits shall be paid to his or her designated Beneficiary in a single lump sum cash
payment within sixty (60) days following the date of the Participant's death. If a Participant dies after installment
payments have commenced, his or her remaining Account balance shall be paid to the Beneficiary in a single lump sum
payment within sixty (60) days after the Participant's death.
9.6 Specified Employees .
In the event of a distribution to a Specified Employee based upon such individual's
Separation from Service, no distributions will be made, irrespective of any Election or provision of this Plan to the
contrary, before the date which is six (6) months and ten (10) days after the date of Separation from Service, or if earlier,
the date of death of the Specified Employee.
9.7 Limitation on Distributions to Covered Employees .
Notwithstanding any other provision of this Article 9,
and subject to the requirements of Section 409A of the Code, in the event the Participant is a “covered employee”
as that
term is defined in Section 162(m)(3) of the Code, or would be a covered employee if Benefits were distributed in
accordance with his or her Election, the maximum amount which may be distributed from the Participant's Account in
any Plan Year shall not exceed one million dollars ($1,000,000), less the amount of compensation paid to the Participant
in such Plan Year which is not “performance-based” (
as defined in Code Section 162(m)(4)(C)), which amount shall be
reasonably determined by the Committee at the time of the proposed distribution. Any amount which is not distributed to
the Participant in a Plan Year as a result of this limitation shall be distributed to the Participant during the first Plan Year
in which the Company reasonably anticipates that the deduction will not be barred by application of Section 162(m) of
the Code, subject to compliance with the foregoing limitations set forth in this Section 9.7.
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