Sprint - Nextel 2011 Annual Report Download - page 254

extent so considered, shall be governed and construed in accordance with the applicable sections of Title I of ERISA.
(b) To the extent not governed by ERISA, this Plan shall be governed by and construed according to the laws o
f
the State of Kansas.
10.6 Lump Sum Cash Outs. Notwithstanding any other provision of the Plan to the contrary, the Committee may, in its
sole discretion, direct that the actuarial equivalent of an individual's benefits under Section 6 or Section 8.3(a) payable hereunde
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be paid to such individual in a lump sum payment on such date as the Committee may determine. Such actuarial equivalent
amount shall be determined in the same manner that the amount of an involuntary cash out distribution is computed under the
Qualified Pension Plan to which the benefits payable hereunder relate. In no event, however, shall lump sum payments unde
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this Section 10.6 be limited by the $3,500 ceiling (adjusted for inflation) on involuntary cash out distributions set forth in such
Qualified Pension Plan. The payment of an immediate lump sum amount under this Section 10.6 shall be a complete discharge
of any obligations to such individual and his or her beneficiaries hereunder.
10.7 Incapacity of Benefit recipient. In the event any benefits (including survivor benefits) hereunder are payable to an
individual who is physically or mentally incompetent to receive such payment, such benefits shall be paid on such individual's
behalf to the same party to whom the corresponding benefits from the Qualified Pension Plan are paid.
10.8 Effect on Qualified Retirement Plans.
A
mounts credited or paid under this Plan shall not be considered to be
compensation for purposes of the Qualified Pension Plans or any other qualified retirement plan maintained by an Employer.
10.9 Withholding of Taxes.
A
n Employer, or a person designated by the Employer, will withhold any required taxes related
to the vesting of accrued benefits or the payment of supplemental retirement income or survivor benefits hereunder. In addition,
an Employer may
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