GNC 2011 Annual Report Download - page 188

dollars ($25,000), the Total Account Balance from such Account shall be paid in the form of a single lump sum distribution on the
scheduled Payment Date.
6.2 Termination Distributions. Except as provided in Section 6.4, in the event of a Participant's Termination of Service
other than by reason of Retirement, death or Disability, the Total Account Balance credited to the Participant Deferral Account[s] shall
be paid as soon as practicable.
6.3 Death Benefits.
(a) Prior to Commencement of Benefits. In the event that the Participant dies prior to commencement of
benefit payable from an Account, the Company shall pay to the Participant's Beneficiary a death benefit equal to the Total Account
Balance of such Account in a single lump sum.
(b) After Commencement of Benefits. In the event that the Participant dies after commencement of benefits
payable from an Account, the Company shall pay to the Participant's Beneficiary a death benefit equal to the Total Account Balance of
such Account in a single lump sum.
6.4 Scheduled Distributions.
(a) Scheduled Distribution Election. Participants shall be entitled to elect to receive a Scheduled Distribution
from a Deferral Account prior to Termination of Service. In the case of a Participant who has elected to receive a Scheduled
Distribution, such Participant shall receive the Total Plan Year Balance, with respect to the specified deferrals, including earnings
thereon, which have been elected by the Participant to be subject to such Scheduled Distribution election in accordance with
Section 3.4 of the Plan. A Participant's Scheduled Distribution commencement date with respect to deferrals of Compensation for a
given Plan Year shall be no earlier than two (2) years from the last day of the Plan Year in which the deferrals are credited to the
Participant's Account. The Participant may elect to receive the Scheduled Distribution in a single lump sum or substantially equal
annual installments over a period of up to five (5) years. A Participant may delay and change the form of a Scheduled Distribution,
provided such extension complies with the requirements of Section 3.4.
(b) Small Benefit Exception. If on commencement of benefits payable by reason of a Schedule Distribution
the Total Plan Year Balance of the Scheduled Distributions is less than twenty five thousand dollars ($25,000), the Scheduled
Distribution shall be paid in the form of a single lump sum distribution on the scheduled commencement date.
(c) Termination of Service. In the event of a Participant's Termination of Service prior to receiving a
Scheduled Distribution, such Scheduled Distributions shall be distributed in lump sum regardless of election. In the event the
Participant retires prior to commencement of a Scheduled Distribution, installments will be paid as they fall due. In the event the
Participant retires or terminates while receiving Scheduled Distributions, they shall be distributed as they fall due.
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6.5 Hardship Distribution. Upon a finding that the Participant (or, after the Participant's death, a Beneficiary) has
suffered a Financial Hardship, subject to compliance with Code Section 409A the Committee may, at the request of the Participant or
Beneficiary, accelerate distribution of benefits or approve reduction or cessation of current deferrals under the Plan in the amount
reasonably necessary to alleviate such Financial Hardship subject to the following conditions:
(a) The request to take a Hardship Distribution shall be made by filing a form provided by and filed with the
Committee prior to the end of any calendar month.
(b) The amount distributed pursuant to this Section with respect to a Financial Hardship shall not exceed the
amount necessary to satisfy such financial emergency plus amounts necessary to pay taxes reasonably anticipated as a result of the
distribution, after taking into account the extent to which such hardship is or may be relieved through reimbursement or compensation
by insurance or otherwise or by liquidation of the Participant's assets (to the extent the liquidation of such assets would not itself cause
severe financial hardship).
(c) The amount determined by the Committee as a Hardship Distribution shall be paid in a single cash lump
sum as soon as practicable after the end of the calendar month in which the Hardship Distribution election is made and approved by
the Committee
(d) Upon a finding that the Participant (or, after the Participant's death, a Beneficiary) has suffered a Financial
Hardship, subject to Treasury Regulations promulgated under Code Section 409A the Administrator may at the request of the
Participant, accelerate distribution of benefits or approve reduction or cessation of current deferrals under the Plan in the amount
reasonably necessary to alleviate such Financial Hardship. The amount distributed pursuant to this Section with respect to an
emergency shall not exceed the amount necessary to satisfy such emergency plus amounts necessary to pay taxes reasonably
anticipated as a result of the distribution, after taking into account the extent to which such hardship is or may be relieved through
reimbursement or compensation by insurance or otherwise or by liquidation of the Participant's assets (to the extent the liquidation of
such assets would not itself cause severe financial hardship) .
ARTICLE VII