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SECTION 7
BENEFIT COMMENCEMENT DATE AND
FORM OF PAYMENT FOR BENEFITS SUBJECT TO §409A
7.1 Benefits Subject to §409A. This Section 7 provides the rules for benefit commencement dates and forms of payment
for Plan benefits accrued or vested after December 31, 2004 as described in §1.409A-6(a) of the Treasury Regulations, and
commencing as of a date on or after January 1, 2009.
7.2 Benefit Commencement Date. Subject to Section 7.4, a Participant’s benefits will commence as of the first day of the
month coincident with or next following the latest of the following:
(a) the Participant’s Separation from Service;
(b) the Participant’s 55th birthday, if the Participant has ten or more years of continuous service in the Qualified
Pension Plan on the date of the Participant’s Separation from Service,
(c) the Participant’s 65th birthday, if the Participant has less than ten years of continuous service in the Qualified
Pension Plan on the date of the Participant’s Separation from Service, or
(d) January 1, 2009.
Under no circumstances, however, may amounts scheduled to be paid in a given calendar year actually be paid after the
later of (i) December 31st of that calendar year, or (ii) the 15th day of the third month following the scheduled payment date.
Effective November 6, 2009, any amounts payable under this Plan may be reduced at the time so payable by amounts
owed to the Company at such time.
7.3 Form of Payment. Subject to Section 7.5, benefits payable to a Participant under
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