United Airlines 2013 Annual Report Download - page 227

How to Request
Payment
It is not necessary to file a claim in order to receive payments under the Program. They are paid automatically. The
Company has the sole discretion to determine whether any amount is payable under the terms of the Program, and the
Company’s determination is final. If you believe that the Company has failed to pay you an amount owed under the
Program (or miscalculated your payment), please contact Suzanne Hobbs, Director – Retirement Benefits.
Changes to the
401(k) Plan or
IRS Limits
The terms of this Program are dependent upon the terms of the 401(k) Plan and applicable IRS limits. This Program shall
be interpreted by the Company in its sole discretion to adapt to any changes in the 401(k) Plan, IRS limits, or the
Company’s interpretation of the application of IRS limits to the 401(k) Plan. Payments under this Program are only made
to the extent corresponding contributions cannot be made to the 401(k) Plan.
409A Compliance The Program is intended to be exempt from the provisions of Section 409A of the Internal Revenue Code applicable to
deferred compensation. However, in the event the Program is not exempt, all provisions of the Program are to be construed
and interpreted in a manner consistent with Section 409A. In certain cases, it may be necessary to modify the timing of
payment, or otherwise modify the administration of the Program, to comply with Section 409A. Notwithstanding herein to
the contrary, you are solely responsible and liable for the satisfaction of all taxes and penalties that may arise in connection
with amounts payable pursuant to the Program (including any taxes arising under Section 409A of the Code), and the
Company will not have any obligation to indemnify or otherwise hold you harmless from any or all of such taxes.
Amendment and
Termination
The Company reserves the right to amend, modify or terminate the Program at any time and for any reason without notice.
Not a Contract of
Employment
This Program does not create a contract of employment between you and the Company, nor does the Program restrict in
any way the rights of the Company (subject to any written employment contract you may have with the Company) to
terminate your employment at any time and for any reason.
Governing Law This Program is a Company policy and is not an employee benefit plan governed by the Employee Retirement Income
Security Act of 1974 (ERISA). This Program shall be governed by the laws of the State of Illinois.
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