Abercrombie & Fitch 2008 Annual Report Download - page 141

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(ii) The first payment with respect to which the election is made must be deferred for a period of not less than five years from
the date such payment would otherwise have been made.
(iii) The election may not accelerate the time of any payment.
(iv) The election must be made not less than 12 months before the date the payment is scheduled to be paid (or in the case of
installment payments treated as a single payment, 12 months before the date the first amount was scheduled to be paid).
F. Transition Elections. Notwithstanding any other provision of the Plan to the contrary, a Participant may make a transition
election with respect to distribution of his or her Deferred Compensation Account by filing a new Payment Election Form on or before
December 31, 2007 (or such earlier date as specified by the Plan Administrator), and make an election as to the time of payment and
method of distribution with respect to the Participant’s Deferred Compensation Account. This election shall apply only to amounts
that would not otherwise be payable in 2007 and may not cause an amount to be paid in 2007 that would not otherwise be payable in
2007.
G. Distributions for Unforeseeable Emergency. A Participant shall have the right to request, on a form provided by the Plan
Administrator, an accelerated payment of all or a portion of his or her Deferred Compensation Account in a lump sum if he or she
experiences an Unforeseeable Emergency. The Plan Administrator shall have the sole discretion to determine whether to grant such a
request and the amount to be paid pursuant to such request in accordance with the standards set forth in Code Section 409A. Payment
shall be made within 30 days following the determination by the Plan Administrator that a withdrawal will be permitted under this
Section 5.G. A distribution for an Unforeseeable Emergency shall not exceed the smaller of (i) the number of whole Common Shares
(plus cash representing the value of any fractional share) credited to the Participant’s Deferred Compensation Account or (ii) the
number of whole Common Shares credited to the Participant’s Deferred Compensation Account with a Fair Market Value (determined
as of the date of distribution) equal to the amount needed to meet the Unforeseeable Emergency.
H. Designation of Beneficiary. Upon the death of a Participant prior to the distribution of his or her Deferred Compensation
Account, such Deferred Compensation Account shall be paid to the Beneficiary designated by the Participant. If there is no designated
Beneficiary or no designated Beneficiary surviving at a Participant’s death, payment of the Participant’s Deferred Compensation
Account shall be made to the Participant’s estate.
I. Taxes. In the event any taxes are required by law to be withheld or paid from any payments made pursuant to the Plan, the Plan
Administrator shall deduct such amounts from such payments and shall transmit the withheld amounts to the appropriate taxing
authority.
Section 6. ASSIGNMENT OR ALIENATION — The right of a Participant, Beneficiary or any other person to the payment of a
benefit under this Plan may not be assigned, transferred, pledged or encumbered except by will or by the laws of descent and
distribution.
6
Source: ABERCROMBIE & FITCH CO /DE/, 10-K, March 27, 2009 Powered by Morningstar® Document Research℠