These excerpts taken from the HBI 8-K filed Sep 5, 2006.
Beneficiary means the person or persons designated by a Participant to receive payment of his or her RSSERP Benefit (RSSERP Beneficiary) or Pension SERP Benefit (Pension SERP Beneficiary) upon his or her death in accordance with Subsection 4.5. A beneficiary designation shall be effective only when properly provided to the Committee in accordance with its rules and procedures while the Participant is alive and, when effective, will cancel all prior beneficiary designations. If the Participant does not have an effective RSSERP Beneficiary and/or Pension SERP Beneficiary designation on the date of his or her death (because the Participant failed to designate a beneficiary or the Participants named beneficiary died before the Participant), the Committee will make the applicable payments described in Subsection 4.5 as follows:
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Notwithstanding anything contained herein to the contrary, all payments under this Subparagraph shall comply with the requirements of Code Section 401(a)(9).