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BBBY » Topics » 6.12 Unforeseeable Emergency

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

6.12              Unforeseeable Emergency

 

The Administrator may permit an early distribution of part or all of any deferred amounts; provided, however, that such distribution shall be made only if the Administrator, in its sole discretion, determines that the Participant has experienced an “unforeseeable emergency.”  The term “unforeseeable emergency” shall have the meaning that such term is given in Code Section 409A. If an unforeseeable emergency is determined to exist, a distribution may not exceed the amounts necessary to satisfy such emergency plus amounts necessary to pay taxes reasonably anticipated as a result of the distribution, after taking into account the extent to which such hardship is or may be relieved through reimbursement or compensation by insurance or otherwise or by liquidation of the Participant’s assets (to the extent the liquidation of such assets would not itself cause severe financial hardship).

 

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