This excerpt taken from the WYN 8-K filed Jul 19, 2006.
Article VII - Distribution and Form of Benefits
7.1 Timing of Distribution. Except as provided in Section 7.3 hereof, amounts credited to a Participants Account shall be distributed to the Participant or Beneficiary as soon as administratively feasible following the later to occur of the close of the Plan Year during which the Participant has incurred a Termination of Employment and the date which is seven months following the Participants Termination of Employment.
7.2 Form of Benefit. Amounts distributable pursuant to Section 7.1 hereof will be paid in any of the following forms: (i) in one lump sum or (ii) in installments payable for a term not to exceed five years. Distributions shall be made in the form elected by the Participant in writing in a manner acceptable to the Committee. Such election shall be made in such Participants Enrollment Agreement at the time of such Participants initial participation in the Plan and can only be amended in accordance with the procedures established and maintained by the Committee. Notwithstanding the above, if at the time of a Participants Termination of Employment the Account balance of a Participant on the date of such Participants Termination of Employment is less than $25,000, the Committee shall distribute the entire Account balance in a single lump sum.
7.3 Unforeseeable Emergency Distribution. Notwithstanding Section 7.1, in the event a Participant (or a former Participant who is then receiving a distribution of his or her Accounts pursuant to the installment method under Section 7.2) suffers an Unforeseeable Emergency (as hereinafter defined), the Company shall distribute to such Participant as a hardship benefit (the Hardship Benefit) all or any portion of the Participants Accounts, but only such amount necessary to satisfy the Unforeseeable Emergency, net of tax withstanding. An Unforeseeable Emergency shall be distributed at such times as the Committee shall determine, and the Participants Accounts shall be reduced by the amount so distributed. Unforeseeable Emergency shall have the meaning set forth under Section 409A of the Code and/or the regulations thereunder as in effect from time to time. The Committee shall make the decision of whether or not, and to what extent, an Unforeseeable Emergency is payable to the Participant, based on the facts and circumstances of the case. The Committees decision as to whether or not an Unforeseeable Emergency is payable, and to what extent it is payable, shall be final, conclusive and binding on all persons.
7.4 Change of Control. As soon as possible following a Change of Control, each Participant shall be paid his or her entire Account balance in a single lump sum as soon as administratively practicable after such Change of Control. Change of Control shall mean a change in the ownership or effective control of the Company, or in the ownership of a substantial portion of the Companys assets, within the meaning of Section 409A of the Code.
7.5 Income Inclusion Under Section 409A of the Code. If the Internal Revenue Service or a court of competent jurisdiction determines that Plan benefits are includible for federal income tax purposes in the gross income of a Participant before his or her actual receipt of such benefits due to a failure of the Plan to satisfy the requirements of Code Section 409A, the Participants Account balance shall be distributed to the Participant in a lump sum cash payment immediately following such determination or as soon as administratively practicable thereafter; provided, however, that such payment may not exceed the amount required to be included in income as a result of the failure to satisfy the requirements of Section 409A of the Code.