This excerpt taken from the EQR 10-Q filed May 8, 2008.
1.2 Status of Plan
Except with respect to the participation of trustees, it is intended that the Plan be a plan which is unfunded and is maintained by an employer primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees within the meaning of Sections 201(2), 301(a)(3) and 401(a)(1) of ERISA, and that the Plan be interpreted and administered consistent with that intent. The Plan is intended to be grandfathered
under Code Section 409A and it is intended that the plan be interpreted consistent with that intent.
Wherever used herein, the following terms have the meanings set forth below, unless a different meaning is clearly required by the context: