This excerpt taken from the UNH 10-K filed Feb 21, 2008.
2. DISABILITY-COMPLIANCE WITH CODE SECTION 409A. Effective for Plan Years beginning on or after January 1, 2008, the definition of Disability in Section 1.2.8 of the Plan Statement shall be amended to read in full as follows:
1.2.8. Disability a medically determinable physical or mental impairment which: (i) renders the individual incapable of performing any substantial gainful activity, (ii) can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, and (iii) is evidenced by a certification to this effect by a doctor of medicine approved by the Executive Vice President, Human Capital. In lieu of such a certification, the Executive Vice President, Human Capital may accept, as proof of Disability, the official written determination that the individual will be eligible for disability benefits under the federal Social Security Act as now enacted or hereinafter amended (when any waiting period expires). Alternatively, a Participant will be considered disabled if the Participant is, by reason of any medically determinable physical or mental impairment which is expected to result in death or can be expected to last for a continuous period of at least 12 months, receiving income replacement benefits for a period of at least 3 months under the Employers disability plan. The Executive Vice President, Human Capital shall determine the date on which the Disability shall have occurred if such determination is necessary.