VMware 2013 Annual Report Download - page 132
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ARTICLE 9 – DISTRIBUTION OF BENEFITS
911
9.1 Amount of Benefits. The vested amount credited to a Participant’s Account as determined under Articles 6, 7
and 8 shall determine and constitute the basis for the value of benefits payable to the Participant under the Plan.
9.2 Method and Timing of Distributions. Except as otherwise provided in this Article 9, distributions under the
Plan shall be made in accordance with the elections made or deemed made by the Participant under Article 4.
Subject to the provisions of Section 9.6 requiring a six month delay for certain distributions to Key Employees,
distributions following a payment event shall commence at the time specified in Section 6.01(a) of the Adoption
Agreement. If permitted by Section 6.01(g) of the Adoption Agreement, a Participant may elect, at least twelve
months before a scheduled distribution event, to delay the payment date for a minimum period of sixty months
from the originally scheduled date of payment, provided the election does not take effect for at least twelve
months from the date on which the election is made. The distribution election change must be made in
accordance with procedures and rules established by the Administrator. The Participant may, at the same time
the date of payment is deferred, change the form of payment but such change in the form of payment may not
effect an acceleration of payment in violation of Code Section 409A or the provisions of Reg. Sec. 1.409A-2(b).
For purposes of this Section 9.2, a series of installment payments is always treated as a single payment and not
as a series of separate payments.
9.3 Unforeseeable Emergency.
A Participant may request a distribution due to an Unforeseeable Emergency if the
Plan Sponsor has elected to permit Unforeseeable Emergency withdrawals under Section 8.01(a) of the
Adoption Agreement. The request must be in writing and must be submitted to the Administrator along with
evidence that the circumstances constitute an Unforeseeable Emergency. The Administrator has the discretion
to require whatever evidence it deems necessary to determine whether a distribution is warranted, and may
require the Participant to certify that the need cannot be met from other sources reasonably available to the
Participant. Whether a Participant has incurred an Unforeseeable Emergency will be determined by the
Administrator on the basis of the relevant facts and circumstances in its sole discretion, but, in no event, will an
Unforeseeable Emergency be deemed to exist if the hardship can be relieved: (a) through reimbursement or
compensation by