Exhibit 10.34





EXHIBIT 10.34




ALPHA NATURAL RESOURCES, INC.

NON-EMPLOYEE DIRECTORS DEFERRED COMPENSATION PLAN




Deferral Commitment and Beneficiary Designation Form




I, [name], a non-employee director of Alpha Natural Resources, Inc., a Delaware corporation (the
“Company”), pursuant to the Alpha Natural Resources, Inc. Non-Employee Directors Deferred
Compensation Plan (the “Plan”), hereby make the following elections with respect to my Compensation
(as defined in the Plan and as specified below); subject to the terms and conditions of the Plan,
which are incorporated herein by reference. Capitalized terms used herein but not otherwise defined
have the meanings given to such terms in the Plan.



1. Irrevocable Elections Regarding Deferral of Compensation




To defer the following percentages (including zero) of the Compensation components identified below
(to the extent applicable) — for each item below, please designate a percentage of 0%, 50% or 100%,
inclusive (if no percentage is designated for an item below, you will be deemed to have elected to
defer 0% (i.e., no deferral):




______ Percentage of the Annual Board Retainer that is otherwise payable to me




______ Percentage of the Annual Lead Director Retainer, if any, that is otherwise payable to me




______ Percentage of the Annual Committee Chair Retainer that is otherwise payable to me




______ Percentage of the Board Meeting Fees that are otherwise payable to me




______ Percentage of the Committee Meeting Fees that are otherwise payable to me



2. Irrevocable Elections Regarding Form of Deferral — Cash or Shares




For each of the Compensation components above, please designate the percentage (0%, 50% or 100%) of
the deferral that should be credited to your Cash Account and the percentage (0%, 50% or 100%) of
the deferral that should be credited to your Share Unit Account (for each Compensation Component,
the sum of the designated percentages should equal 100%). To the extent you do not designate
percentages equal to 100% for each Compensation component, you will be deemed to have any deferrals
credited to your Cash Account:


 


 









 





* Any deferred Annual Board Retainer shall be credited under the Plan as follows:





______ % Credited to your Cash Account





______ % Credited to your Share Unit Account



Total 100%



* Any deferred Annual Lead Director Retainer, if any, shall be credited under the Plan as follows:





______ % Credited to your Cash Account





______ % Credited to your Share Unit Account



Total 100%



* Any deferred Annual Committee Chair Retainer shall be credited under the Plan as follows:





______ % Credited to your Cash Account





______ % Credited to your Share Unit Account



Total 100%



* Any deferred Board Meeting Fees shall be credited under the Plan as follows:





______ % Credited to your Cash Account





______ % Credited to your Share Unit Account



Total 100%



* Any deferred Committee Meeting Fees shall be credited under the Plan as follows:





______ % Credited to your Cash Account





______ % Credited to your Share Unit Account



Total 100%



3. Beneficiary Designation




If I shall cease to be a director of the Company by reason of my death, or if I shall die after I
become entitled to a distribution under the Plan but prior to receipt of the entire distribution to
which I am entitled, then all of the distribution to which I am entitled
under the Plan and which has not been distributed to me at the date of my death shall be
distributed to _____________________________ (insert name of beneficiary). If no beneficiary is
named, distributions shall be made as provided in the Plan.


 


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4. Terms Common to the Elections 




With respect to the foregoing elections, I understand that:



(a) except as specified below, I understand that this deferral election shall be subject to the
terms and conditions of the Plan, as amended, and will remain in effect from year to year and be
irrevocable unless otherwise changed by me in a timely manner or otherwise terminated in accordance
with the terms of the Plan;



(b) I understand that with respect to any amounts deferred under this Plan, I am a general
unsecured creditor of the Company and that the Plan constitutes a mere promise by the Company to
make benefit payments in the future;



(c) if I have filed this Deferral Commitment within 30 calendar days of the date on which I first
become eligible to make elections with respect to my Compensation under the Plan, the election(s) I
have made will be effective for the Compensation that I earn and that is payable to me after the
date that I file this Deferral Commitment with the Company;



(d) neither I nor my legal representative shall be, or have any of the rights and privileges of, a
stockholder of the Company with respect to any Shares payable upon distribution of a deferred share
unit unless and until certificates for such Shares, or other evidence of ownership, have been
issued and delivered to me;



(e) this Deferral Commitment is intended to comply with Section 409A of the Code and shall be
administered, interpreted and construed accordingly;



(f) this Deferral Commitment shall become irrevocable as of the close of business on each December
31st of the calendar year preceding the calendar year that contains the start of the service period
to which it applies (or immediately with respect to initial eligibility elections), and shall be
cancelled only upon my death or Disability or an Unforeseeable Emergency to the extent consistent
with Section 409A of the Code;



(g) the Company has not and will not provide me with any advice or opinion regarding the tax
consequences of this election and the Plan, and I am solely responsible for obtaining my own tax
advisor with respect to these matters;



(h) the Company shall not be liable for, and nothing provided or contained in this Deferral
Commitment or the Plan will be construed to obligate or cause the Company to
be liable for, any tax, interest or penalties imposed on me related to or arising with respect to
any violation of Section 409A of the Code; and


 


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(i) in the event of any discrepancy between the Plan and this Deferral Commitment, the Plan shall
control.



	 	 	 	 	 	 	 	 	 	 	 
	Date:
	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 
	 	 	 	 	[name]	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Receipt acknowledged on behalf of the Company:	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Date:

	 	 	 	By	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 
	 

	 	 	 	 	 	Its	 	 	 	 
	 

	 	 	 	 	 	 	 	 	 	 







 


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