BY THE ADMINISTRATOR OR RECORDKEEPER.
UNLESS OTHERWISE
SET FORTH IN THE APPLICABLE FORM PURSUANT TO WHICH A PARTICIPANT OR ESOP
PARTICIPANT DESIGNATES A BENEFICIARY OR THE INSTRUCTIONS THERETO, IF SUCH
BENEFICIARY DIES AFTER THE PARTICIPANT OR ESOP PARTICIPANT AND BEFORE
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DISTRIBUTION OF THE ENTIRE AMOUNT OF THE BENEFIT UNDER THE PLAN IN WHICH THE
BENEFICIARY HAS AN INTEREST, THEN ANY REMAINING AMOUNT SHALL BE DISTRIBUTED, AS
SOON AS PRACTICABLE AFTER THE DEATH OF SUCH BENEFICIARY, IN THE FORM OF A LUMP
SUM PAYMENT TO THE SUCCESSOR BENEFICIARY OR BENEFICIARIES OR, IF THERE IS NO
SUCH SUCCESSOR BENEFICIARY, TO THE EXECUTOR OR ADMINISTRATOR OF THE ESTATE OF
SUCH DECEASED BENEFICIARY.
SECTION 9.9.
MISSING PERSONS.
IF FOLLOWING THE DATE ON WHICH
PARTICIPANT'S OR REXALL PARTICIPANT'S ACCOUNT MAY BE DISTRIBUTED WITHOUT THE
PARTICIPANT'S CONSENT PURSUANT TO SECTION 9.3(B) OR 9.5 OR AN ESOP PARTICIPANT'S
ESOP ACCOUNT MAY BE DISTRIBUTED WITHOUT HIS OR HER CONSENT PURSUANT TO
SECTION 9.4(C) OR 9.5, THE ADMINISTRATOR OR RECORDKEEPER IN THE EXERCISE OF
REASONABLE DILIGENCE HAS BEEN UNABLE TO LOCATE THE PERSON OR PERSONS ENTITLED TO
THE PARTICIPANT'S ACCOUNT OR HIS OR HER ESOP ACCOUNT (AFTER SENDING A REGISTERED
LETTER, RETURN RECEIPT REQUESTED, TO THE LAST KNOW AND ADDRESS, AND AFTER
UTILIZING CERTIFIED MAIL, CHECKING RECORDS OF RELATED EMPLOYEE BENEFIT PLANS
MAINTAINED BY THE COMPANY, CONTACTING SUCH DESIGNATED BENEFICIARIES, AND USING A
LETTER FORWARDING SERVICE (OF THE INTERNAL REVENUE SERVICE OR SOCIAL SECURITY
ADMINISTRATION) AND ANY FURTHER EFFORT DEEMED PRUDENT BY THE ADMINISTRATOR OR
RECORDKEEPER TO ASCERTAIN THE WHEREABOUTS OF SUCH PARTICIPANT, ESOP PARTICIPANT
OR BENEFICIARY), THEN THE PARTICIPANT'S ACCOUNT OR HIS OR HER ESOP ACCOUNT, AS
THE CASE MAY BE, SHALL BE FORFEITED; PROVIDED, HOWEVER, THAT TO THE EXTENT
REQUIRED BY LAW THE PLAN SHALL REINSTATE AND PAY TO SUCH PERSON OR PERSONS THE
AMOUNT SO FORFEITED UPON A CLAIM FOR SUCH AMOUNT MADE BY SUCH PERSON OR
PERSONS.
THE AMOUNT TO BE SO REINSTATED SHALL BE OBTAINED FROM THE TOTAL AMOUNT
THAT SHALL HAVE BEEN FORFEITED PURSUANT TO THIS SECTION AND SECTIONS 9.3(B) AND
9.4(C) DURING THE PLAN YEAR THAT THE CLAIM FOR SUCH FORFEITED BENEFIT IS MADE,
AND SHALL NOT INCLUDE ANY EARNINGS OR LOSSES FROM THE DATE OF THE FORFEITURE
UNDER THIS SECTION.
IF THE AMOUNT TO BE
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REINSTATED EXCEEDS THE AMOUNT OF SUCH FORFEITURES, AN EMPLOYER SHALL MAKE A
CONTRIBUTION IN AN AMOUNT EQUAL TO SUCH EMPLOYER'S PRO-RATA SHARE OF SUCH
EXCESS.
AN EMPLOYER'S PRO RATA SHARE SHALL BE DETERMINED BY MULTIPLYING THE
AMOUNT OF SUCH FORFEITURES BY A FRACTION, THE NUMERATOR OF WHICH IS EQUAL TO THE
NUMBER OF ASSOCIATES EMPLOYED BY SUCH EMPLOYER WHO MADE A CLAIM FOR SUCH
FORFEITED BENEFITS AND THE DENOMINATOR OF WHICH IS THE NUMBER OF ALL ASSOCIATES
WHO MADE A CLAIM FOR SUCH FORFEITED BENEFITS.
TO THE EXTENT THE FORFEITURES
UNDER THIS SECTION EXCEED ANY CLAIMS FOR FORFEITED BENEFITS MADE PURSUANT TO
THIS SECTION, SUCH EXCESS SHALL BE APPLIED IN ACCORDANCE WITH SECTION 8.8.
SECTION 9.10.
DISTRIBUTIONS TO MINOR AND DISABLED DISTRIBUTEES.