This excerpt taken from the UNH 10-K filed Feb 11, 2009.
13.1. Applicable Laws.
13.1.1. ERISA Status. Since no employee of UnitedHealth Group or any affiliate may actively participate in this Plan (see Sections 2 and 3.3), this Plan is not subject to regulation under the Employee Retirement Income Security Act of 1974 (ERISA).
13.1.2. IRC Status. The Plan is intended to be a nonqualified, unfunded, deferred compensation arrangement.
13.1.3. References to Laws. Any reference in the Plan Statement to a statute or regulation shall be considered also to mean and refer to any subsequent amendment or replacement of that statute or regulation.
13.2. Effect on Other Plans. This Plan Statement shall not alter, enlarge or diminish any persons rights or obligations under any other benefit plan for members of the Board of Directors.
13.3. Disqualification. Notwithstanding any other provision of the Plan Statement or any election or designation made under the Plan, any potential Beneficiary who feloniously and intentionally kills a Participant shall be deemed for all purposes of the Plan and all elections and designations made under the Plan to have died before such Participant. A final judgment of conviction of felonious and intentional killing is conclusive for this purpose. In the absence of a conviction of felonious and intentional killing, the Committee shall determine whether the killing was felonious and intentional for this purpose.
13.4. Rules of Document Construction.
13.5. Choice of Law. This instrument has been executed and delivered in the State of Minnesota and has been drawn in conformity to the laws of that State and shall be construed and enforced in accordance with the laws of the State of Minnesota.
13.6. Section 409A. It is intended that any amounts payable under this Plan shall comply with Section 409A of the Code (including Treasury Regulations and other published guidance related thereto) so as not to subject Participants to payment of any additional tax, penalty, or interest imposed under Section 409A of the Code. The
Plan shall be construed in a manner to give effect to such intention. In no event whatsoever shall UnitedHealth Group and/or any of its affiliates be liable for any tax, interest or penalties that may be imposed on any Participant (or any Participants estate) under Section 409A of the Code. Neither UnitedHealth Group and/or any of its affiliates shall have any obligation to indemnify or otherwise hold a Participant (or any Participants estate) harmless from any or all such taxes, interest or penalties, or liability for any damages related thereto