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These excerpts taken from the DIS 10-K filed Nov 20, 2008. 7.4 Cash-Out Payment of Pre-Commencement Death Benefit Notwithstanding anything in this Article 7 to the contrary, if the Actuarially Equivalent lump sum present value of all nonqualified deferred compensation plan benefits that the Beneficiary (or, to the extent applicable, all Beneficiaries entitled to a Pre-Commencement Death Benefit) is entitled to receive under all the nonaccount balance plans of the Company and all Affiliates, that must be aggregated for purposes of Treasury Regulations section 1.409A-1(c)(2), is less than the Code section 402(g)(1)(B) limit as of the Benefit Calculation Date, the Company may, in its sole discretion, distribute the Beneficiary’s Pre-Commencement Death Benefit in the form of a single lump sum payment; provided, however, that all of the Beneficiary’s other nonaccount balance nonqualified plan benefits are also paid in a single lump sum payment as of the same date.
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7.4 Cash-Out Payment of Pre-Commencement Death Benefit Notwithstanding anything in this Article 7 to the contrary, if the Actuarially Equivalent lump sum present value of all nonqualified deferred compensation plan benefits that the Beneficiary (or, to the extent applicable, all Beneficiaries entitled to a Pre-Commencement Death Benefit) is entitled to receive under all the nonaccount balance plans of the Company and all Affiliates, that must be aggregated for purposes of Treasury Regulations section 1.409A-1(c)(2), is less than the Code section 402(g)(1)(B) limit as of the Benefit Calculation Date, the Company may, in its sole discretion, distribute the Beneficiary’s Pre-Commencement Death Benefit in the form of a single lump sum payment; provided, however, that all of the Beneficiary’s other nonaccount balance nonqualified plan benefits are also paid in a single lump sum payment as of the same date.
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7.4 Cash-Out Payment of Pre-Commencement Death Benefit benefits that the Beneficiary (or, to the extent applicable, all Beneficiaries entitled to a Pre-Commencement Death Benefit) is entitled to receive under all the nonaccount balance plans of the Company and all Affiliates, that must be aggregated for purposes of Treasury Regulations section 1.409A-1(c)(2), is less than the Code section 402(g)(1)(B) limit as of the Benefit Calculation Date, the Company may, in its sole discretion, distribute the Beneficiary’s Pre-Commencement Death Benefit in the form of a single lump sum payment; provided, however, that all of the Beneficiary’s other nonaccount balance nonqualified plan benefits are also paid in a single lump sum payment as of the same date. 22 | EXCERPTS ON THIS PAGE:
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