VMware 2013 Annual Report Download - page 133

insurance or otherwise, (b) by liquidation of the Participant’s assets to the extent such liquidation would not itself
cause severe financial hardship, or (c) by cessation of deferrals under the Plan. A distribution due to an
Unforeseeable Emergency must be limited to the amount reasonably necessary to satisfy the emergency need
and may include any amounts necessary to pay any federal, state, foreign or local income taxes and penalties
reasonably anticipated to result from the distribution. The distribution will be made in the form of a single lump
sum cash payment. If permitted by Section 8.01(b) of the Adoption Agreement, a Participant’s deferral elections
for the remainder of the Plan Year will be cancelled upon a withdrawal due to an Unforeseeable Emergency. If
the payment of all or any portion of the Participant’
s vested Account is being delayed in accordance with Section
9.6 at the time he experiences an Unforeseeable Emergency, the amount being delayed shall not be subject to
the provisions of this Section 9.3 until the expiration of the six month period of delay required by section 9.6.
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9.4 Payment Election Overrides. If the Plan Sponsor has elected one or more payment election overrides in
accordance with Section 6.01(d) of the Adoption Agreement, the following provisions apply. Upon the
occurrence of the first event selected by the Plan Sponsor, the remaining vested amount credited to the
Participant’s Account shall be paid in the form designated to the Participant or his Beneficiary regardless of
whether the Participant had made different elections of time and /or form of payment or whether the Participant
was receiving installment payments at the time of the event.
9.5 Cashouts Of Amounts Not Exceeding Stated Limit. If the vested amount credited to the Participant’
s Account
does not exceed the limit established for this purpose by the Plan Sponsor in Section 6.01(e) of the Adoption
Agreement at the time he incurs a Separation from Service for any reason, the Employer shall distribute such
amount to the Participant at the time specified in Section 6.01(a) of the Adoption Agreement in a single lump
sum cash payment following such Separation from Service regardless of whether the Participant had made
different elections of time or form of payment as to the vested amount credited to his Account or whether the
Participant was receiving installments at the time of such termination. A Participant’s Account, for purposes of
this Section 9.5, shall include any amounts described in Section 1.3.
9.6 Required Delay in Payment to Key Employees . Except as otherwise provided in this Section 9.6, a
distribution made on account of Separation from Service (or Retirement, if applicable) to a Participant who is a
Key Employee as of the date of his Separation from Service (or Retirement, if