BBBY » Topics » 6.9 Changes to Distribution Elections.

This excerpt taken from the BBBY 8-K filed Jan 5, 2006.

6.9                     Changes to Distribution Elections.

 

A Participant will be permitted to elect to change the form or timing of the distribution of his or her Account(s) to the extent permitted and in accordance with the requirements of Code Section 409A(a)(4)(C), including the requirement that (i) a redeferral election may not take effect until at least twelve (12) months after such election is filed with the Employer, (ii) an election to further defer a distribution (other than a distribution upon death, Disability or an unforeseeable emergency) must result in the first distribution subject to the election being made at least five (5) years after the previously elected date of distribution, and (iii) any redeferral election affecting a distribution at a fixed date must be filed with the Employer at least twelve (12) months before the first scheduled payment under the previous fixed date distribution election. For purpose of this Section 6.9, a series of installment payments paid from a single In-Service Account shall be treated as a single payment.

 

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