definiens: shall mean a sum equal to ( x ) the amounts payable within the terms of the rule under Treasury Regulation Section 1 .409A-1(b)(4 ) plus ( y ) the amount payable as und er Treasury Regulation Section 1.409A-1(b)(9)(iii ) equal to the le sser of two ( 2 ) times : ( i ) the Executive ’s annualiz ed compensation from the Company based upon his annual rate of pay during the Executive ’s taxable year pr eceding his taxable year when his employment terminated, as determined under Treasury Regulation 1.409A-1(b)(9)(iii)(A)(1 ) ; and ( ii ) the maximum amount tha t may be taken into account under a qualified plan pursuant to Section 401(a)(17 ) of the Code for the year in whic h the Executive ’s employment is terminated