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1.
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Each
employee eligible to participate in this Plan ("Participant") shall be
given an opportunity to irrevocably elect (subject to any conditions set
out in the election form) prior to any deferral
hereunder:
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(a)
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the
portion of the Participant's annual base salary rate as of November 1,
2005 to be deferred. The minimum portion deferred shall be 10% and the
maximum shall be 50%, and
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(b)
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the
form of payout alternative as set forth in Section
V.
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2.
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Commencing
with base salary for January 2006, the Participant's total base salary
elected to be deferred under this Plan will be deferred in ratable
installments through the month of December 2006, and will be credited to
the Participant's deferred salary cash account ("Deferred Account") as of
the end of the month of deferral ("Deferral
Date").
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1.
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Each
Deferred Account shall be unfunded, unsecured and nonassignable, and shall
not be a trust for the benefit of any
Participant.
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2.
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Except
as may be otherwise provided in Section V or VIII, the Participant's
Deferred Account will be credited with (a) the amount of base salary
deferred on each Deferral Date as set forth in Section II, (b) the special
one-time matching credit as set forth in Section III, and (c) interest at
the annual rate of 8.5% compounded annually on each December
31.
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1.
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Payment
of a Participant's Deferred Account will be made only after termination of
employment of the Participant.
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2.
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If
no manner of payment election is made, the Deferred Account will be paid
in 10 annual installments commencing on March 1 (or as soon thereafter as
practical) following the year of termination of
employment.
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3.
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At
the time of election to defer base salary, a Participant may irrevocably
elect: (a) the number of annual payout installments (minimum of 10,
maximum of 20) of the Deferred Account commencing on March 1 (or as soon
thereafter as practical) following the year of termination of employment,
unless (b) a lump sum payment of the Deferred Account is elected in which
case the lump sum payment will be made on March 1 (or as soon thereafter
as practical) following the year of termination of
employment.
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4.
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Participants
who terminate their employment on or after December 31, 2006 because of
retirement, death, disability, layoff, plant closing or transfer to a
successor employer which is not controlled by the Company, or Participants
who terminate their employment on or after December 31, 2010 for any
reason, will receive payouts based on Deferred Account accumulations at
the 8.5% interest rate. The Chairman (or his delegate) is authorized to
grant interest to any Participant who would otherwise be ineligible for
such credit under this Section V.4.
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5.
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If
the Participant terminates employment prior to December 31, 2006 for any
reason, or prior to December 31, 2010 for any reason other than
retirement, death, disability, layoff, plant closing or transfer to a
successor employer which is not controlled by the Company, the
Participant's Deferred Account will be paid in a lump sum as soon as
practical following the date of termination. Unless waived by the Chairman
(or his delegate), Section IV.2. (c) shall not apply to such a Participant
and no interest shall be payable with such lump sum. Notwithstanding the
foregoing, if a Participant Separates from Service on or after January 1,
2009 and prior to December 31, 2010, his Deferred Account shall be paid
starting March 1 (or as soon thereafter as practical) following the year
of Separation from Service: (a) in accordance with any special re-election
under Section IX, or if no such special re-election is made, then either
in accordance with his original election under Section II.1, or the
default rule in Section V.2, as applicable; and (b) with or without
interest in accordance with the rules in Section
V.4.
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6.
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Notwithstanding
any provision of this Plan to the contrary, no payments shall be made to a
Specified Employee during the six-month period following his Separation
from Service to the extent necessary to comply with Section 409A(a)(2) of
the Internal Revenue Code.
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1.
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Re-electing
Participants shall be allowed to choose to receive payments in 10, 15 or
20 year installments, or in a lump sum, in each case commencing on March 1
(or as soon thereafter as practical) following the year of Separation from
Service.
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2.
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Participants
who either (a) Separate from Service on or after December 31, 2010 or (b)
Separate from Service on or after January 1, 2009 without making this
special re-election, shall receive payment of their Deferred Accounts
commencing on March 1 (or as soon thereafter as practical) following the
year of Separation from Service, in accordance with their original
elections under Section II.1, or if no original election as to the form of
payment was made, in accordance with the default rule in Section
V.2.
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3.
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The
determination of whether a Participant's Deferred Account is credited with
interest shall be made under Section V.4 without regard to any special
re-election under this Section. Accordingly, unless waived by the Chairman
(or his delegate), a Participant who terminates employment before December
31, 2010 for any reason other than retirement, death, disability, layoff,
plant closing or transfer to a successor employer which is not controlled
by the Company will not receive interest under Section IV.2.(c),
regardless of the form in which his Deferred Account is
paid.
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4.
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Eligibility
for this special re-election, and the rules for making the re-election,
shall be determined in accordance with established administrative
procedures, provided however, that all re-elections shall comply with the
applicable transition relief in IRS Notice
2007-86.
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1.
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For
periods on and after January 1, 2009, "termination of employment" shall
mean "Separation from Service" when used in the context of determining the
time or form of benefits. "Separation from Service" means a Participant's
termination of employment with the Company and all Affiliates (defined for
this purpose as any company or business entity in which General Electric
Company has a 50% or more interest whether or not a participating employer
in the Plan); provided that Separation from Service for purposes of the
Plan shall be interpreted consistent with the requirements of Code Section
409A and regulations and other guidance issued
thereunder.
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2.
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Re-employment
on or after January 1, 2009 shall be disregarded in determining whether
payment of a Participant's Deferred Account commences to be paid (or
continues to be paid).
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3.
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"Specified
Employee" means a specified employee as described in the Company’s
Procedures for Determining Specified Employees under Code Section 409A, as
amended from time to time.
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