GNC 2011 Annual Report Download - page 190

Download and view the complete annual report

Please find page 190 of the 2011 GNC annual report below. You can navigate through the pages in the report by either clicking on the pages listed below, or by using the keyword search tool below to find specific information within the annual report.

Page out of 205

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
  • 30
  • 31
  • 32
  • 33
  • 34
  • 35
  • 36
  • 37
  • 38
  • 39
  • 40
  • 41
  • 42
  • 43
  • 44
  • 45
  • 46
  • 47
  • 48
  • 49
  • 50
  • 51
  • 52
  • 53
  • 54
  • 55
  • 56
  • 57
  • 58
  • 59
  • 60
  • 61
  • 62
  • 63
  • 64
  • 65
  • 66
  • 67
  • 68
  • 69
  • 70
  • 71
  • 72
  • 73
  • 74
  • 75
  • 76
  • 77
  • 78
  • 79
  • 80
  • 81
  • 82
  • 83
  • 84
  • 85
  • 86
  • 87
  • 88
  • 89
  • 90
  • 91
  • 92
  • 93
  • 94
  • 95
  • 96
  • 97
  • 98
  • 99
  • 100
  • 101
  • 102
  • 103
  • 104
  • 105
  • 106
  • 107
  • 108
  • 109
  • 110
  • 111
  • 112
  • 113
  • 114
  • 115
  • 116
  • 117
  • 118
  • 119
  • 120
  • 121
  • 122
  • 123
  • 124
  • 125
  • 126
  • 127
  • 128
  • 129
  • 130
  • 131
  • 132
  • 133
  • 134
  • 135
  • 136
  • 137
  • 138
  • 139
  • 140
  • 141
  • 142
  • 143
  • 144
  • 145
  • 146
  • 147
  • 148
  • 149
  • 150
  • 151
  • 152
  • 153
  • 154
  • 155
  • 156
  • 157
  • 158
  • 159
  • 160
  • 161
  • 162
  • 163
  • 164
  • 165
  • 166
  • 167
  • 168
  • 169
  • 170
  • 171
  • 172
  • 173
  • 174
  • 175
  • 176
  • 177
  • 178
  • 179
  • 180
  • 181
  • 182
  • 183
  • 184
  • 185
  • 186
  • 187
  • 188
  • 189
  • 190
  • 191
  • 192
  • 193
  • 194
  • 195
  • 196
  • 197
  • 198
  • 199
  • 200
  • 201
  • 202
  • 203
  • 204
  • 205

Beneficiary and unless in the case of marriage the Participant's new spouse has previously been designated as Beneficiary.
(c) Absence of Valid Designation. If a Participant fails to designate a Beneficiary as provided above, or if the
Beneficiary designation is revoked by marriage, divorce, or otherwise without execution of a new designation, or if every person
designated as Beneficiary predeceases the Participant or dies prior to complete distribution of the Participant's benefits, then the
Committee shall direct the distribution of such benefits to the Participant's estate.
7.2 Payments to Minors. In the event any amount is payable under the Plan to a minor, payment shall not be made to
the minor, but instead be paid (a) to that person's living parent(s) to act as custodian, (b) if that person's parents are then divorced, and
one parent is the sole custodial parent, to such custodial parent, to act as custodian, or (c) if no parent of that person is then living, to a
custodian selected by the Committee to hold the funds for the minor under the Uniform Transfers or Gifts to Minors Act in effect in
the jurisdiction in which the minor resides. If no parent is living and the Committee decides not to select another custodian to hold the
funds for the minor, then payment shall be made to the duly appointed and currently acting guardian of the estate for the minor or, if
no guardian of the estate for the minor is duly appointed and currently acting within sixty (60) days after the date the amount becomes
payable, payment shall be deposited with the court having jurisdiction over the estate of the minor.
7.3 Payments on Behalf of Persons Under Incapacity. In the event that any amount becomes payable under the Plan to
a person who, in the sole judgment of the Committee, is considered by reason of physical or mental condition to be unable to give a
valid receipt therefore, the Committee may direct that such payment be made to any person found by the Committee, in its sole
judgment, to have assumed the care of such person. Any payment made pursuant to such determination shall constitute a full release
and discharge of any and all liability of the Committee and the Company under the Plan.
7.4 Inability to Locate Payee. In the event that the Committee is unable to locate a Participant or Beneficiary within
two years following the scheduled Payment Date, the amount allocated to the Participant's Deferral Account shall be forfeited. If,
after such forfeiture, the Participant or Beneficiary later claims such benefit, such benefit shall be reinstated without interest or
earnings. ARTICLE VIII
ADMINISTRATION
(a) Committee. The Plan shall be administered by a Committee appointed by the Board, which shall have the
exclusive right and full discretion (i) to appoint agents to act on its behalf, (ii) to select and establish Funds, (iii) to interpret the Plan,
(iv) to decide any and all matters arising hereunder (including the right to remedy possible ambiguities, inconsistencies, or
admissions), (v) to make, amend and rescind such rules as it deems necessary for the proper administration of the Plan and (vi) to
make all other determinations and resolve all questions of fact necessary or advisable for the administration of the Plan, including
determinations regarding
11