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UNH » Topics » 17. RE-ELECTION OF FORM OF DISTRIBUTION-COMPLIANCE WITH CODE SECTION 409A. Effective for Plan Years beginning on or January 1, 2008, Section 9.3.4 of the Plan Statement shall be amended to read in full as follows:

This excerpt taken from the UNH 10-K filed Feb 21, 2008.

17. RE-ELECTION OF FORM OF DISTRIBUTION-COMPLIANCE WITH CODE SECTION 409A. Effective for Plan Years beginning on or January 1, 2008, Section 9.3.4 of the Plan Statement shall be amended to read in full as follows:

9.3.4. Re-Election of Form of Distribution. Through a voice response system (or other written or electronic means) approved by the Executive Vice President, Human Capital, the Participant may elect from time to time to change the form of payment for a specified portion of the Participant’s Account or to delay payment of a specified portion of the Participant’s Account. Each subsequent distribution election shall be effective as to the specified portion of the Participant’s Account. Notwithstanding the foregoing, any new distribution election shall be disregarded as if it had never been filed (and the prior distribution election shall be given effect) unless the distribution election:

 

  (a) is filed by a Participant while employed by the Employer or an Affiliate,

 

  (b) is filed with the Executive Vice President, Human Capital at least twelve (12) months before the Participant’s scheduled distribution date following the Participant’s Termination of Employment, Disability or death,

 

  (c) is filed at least twelve (12) months after the initial distribution election for the specified portion of the Participant’s Account (or, if one or more prior changes has been filed, at least twelve (12) months after the latest of such changes was filed),

 

  (d) has the effect of delaying payment of the lump sum (or, in the case of installments treated as a single payment, the first installment) under the prior election for at least five (5) years, and

 

  (e) shall not take effect until at least twelve (12) months after the date it is filed with the Executive Vice President, Human Capital.

 

10

No spouse, former spouse, Beneficiary or other person shall have any right to participate in the Participant’s decision to revise distribution elections. Notwithstanding the foregoing, the Executive Vice President, Human Capital shall interpret all provisions of this Plan relating to the change of any distribution election in a manner that is consistent with section 409A of the Code and the regulations and other guidance issued thereunder. Accordingly, if the Executive Vice President, Human Capital determines that a requested revision to a distribution election is inconsistent with section 409A of the Code or other applicable tax law, the request shall not be effective.

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