GNC 2011 Annual Report Download - page 185

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Accounts shall be deemed to be invested for purposes of determining the amount of earnings and losses to be credited to each
Account. The Participant may specify that all or any percentage of his or her Account or Accounts shall be deemed to be invested, in
whole percentage increments, in one or more of the types of investment Funds selected as alternative investments under the Plan from
time to time by the Committee pursuant to subsection (b) of this Section. A Participant may change the designation made under this
Section at least monthly by filing a revised election, on a Participant Election Form provided by the Committee. During payout, the
Participant's Account shall continue to be credited at the Crediting Rate selected by the Participant from among the investment
alternatives or rates made available by the Committee for such purpose until all amounts have been distributed from the Account. If a
Participant fails to make an investment election under this Section, the Participant shall be deemed to have elected the Money Market
type of investment Fund selected by the Committee for such purpose.
(b) Investment Alternatives. The Committee shall select from time to time, in its sole and absolute discretion,
investment Funds and shall communicate each of the alternative types of investment Funds to the Participant pursuant to subsection
(a) of this Section. The Interest Rate of each such investment fund shall be used to determine the amount of earnings or losses to be
credited to Participant's Account under Article IV. The Participant's choice among investments shall be solely for purposes of
calculation of the Crediting Rate on Accounts. The Company shall have no obligation to set aside or invest amounts as directed by the
Participant and, if the Company elects to invest amounts as directed by the Participant, the Participant shall have no more right to such
investments than any other unsecured general creditor.
3.4 Distribution Elections.
(a) Initial Election. At the time of making a deferral election under the Plan, the Participant shall designate
the time and form of distribution of deferrals made pursuant to such election (together with any earnings credited thereon) from among
the alternatives specified in Section 6.1 or 6.2.
(b) Modification of Election. A new distribution election may be made at the time of subsequent deferral
elections with respect to deferrals in Plan Years beginning after the Initial Election Period. However, a distribution election with
respect to previously deferred amounts may only be changed under the terms and conditions specified in Code Section 409A. Except
as expressly provided in Section 6.3, no acceleration of a distribution is permitted. A subsequent election that delays payment or
changes the form of payment is permitted if and only if all of the following requirements are met:
(1) the new election does not take effect until at least twelve (12) months after the date on which the
new election is made;
(2) in the case of payments made on account of Termination of Employment (other than by reason of
death or Disability) or a Scheduled Distribution, the new election delays payment for at least five (5) years from the date that payment
would otherwise have been made, absent the new election; and
6