Abercrombie & Fitch 2008 Annual Report Download - page 138

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“Plan Administrator” means the Vice President of Compensation and Benefits of the Company.
“Separation from Service” means a termination of service with the Company as a Director in such a manner as to constitute a
“separation from service” as defined in Code Section 409A.
“Specified Employee” means a “specified employee,” as defined in Code Section 409A (with such classification to be determined
in accordance with the methodology established by the Company from time to time in its sole discretion), of the Company or any
entity that would be considered to be a single employer with the Company under Code Section 414(b) or Code Section 414(c).
“Trust” means the trust fund that, in the discretion of the Company, may be established for purposes of segregating certain assets of
the Company for payment of benefits hereunder as the same may be amended from time to time. Such Trust may be irrevocable, but
the assets thereof shall, at all times, remain the property of the Company subject to the claims of the Company’s creditors.
“Unforeseeable Emergency” means an “unforeseeable emergency” as defined in Code Section 409A.
Section 3. PARTICIPANTS
Each individual who becomes a Director shall be designated by the Company as eligible for participation in the Plan as of the later of
the date on which he or she becomes a Director or the date specified by the Board. A Director eligible for participation in the Plan
shall become a Participant as of the date on which he or she first makes a deferral election under the Plan in accordance with
Section 4.B. A Participant shall continue to participate in the Plan until his or her status as a Participant is terminated by a complete
distribution of his or her Deferred Compensation Account pursuant to the terms of the Plan.
Section 4. DEFERRED COMPENSATION ACCOUNTS
A. Establishment of Deferred Compensation Accounts. The Company will establish a Deferred Compensation Account for each
Participant.
B. Election of Participant. A Participant may elect to have all or a portion of his or her Eligible Compensation for a calendar year
allocated to his or her Deferred Compensation Account and paid on a deferred basis pursuant to the terms of the Plan. To exercise
such an election, the Participant must advise the Company of his or her election, in writing, on a form and within the time period
prescribed by the Plan Administrator (each, a “Deferral Notice”). Such Deferral Notice must be filed with the Company by, and shall
become irrevocable as of, December 31 (or such earlier date as prescribed by the Plan Administrator) of the calendar year preceding
the calendar year for which such Eligible Compensation is earned or during which restricted stock or stock units that are included in
Eligible Compensation are granted. In the first
3
Source: ABERCROMBIE & FITCH CO /DE/, 10-K, March 27, 2009 Powered by Morningstar® Document Research℠