IN THE MANNER PRESCRIBED
BY THE ADMINISTRATOR AND SHALL BE FILED WITH THE ADMINISTRATOR OR RECORDKEEPER.
IF (I) NO PERSON HAS BEEN DESIGNATED BY A PARTICIPANT AS A DESIGNATED
BENEFICIARY UNDER THIS PLAN OR (II) A DESIGNATION IS NOT EFFECTIVE FOR THE
REASON DESCRIBED IN THE SECOND SENTENCE OF THIS SECTION 8.4(A), THEN THE
PARTICIPANT'S BENEFICIARY SHALL BE (1) THE DECEASED'S SURVIVING SPOUSE, IF ANY,
(2) IF THERE IS NO SURVIVING SPOUSE, THE PERSON DESIGNATED BY THE PARTICIPANT TO
RECEIVE A BENEFIT UPON HIS OR HER DEATH UNDER THE NBTY, INC. 401(K) SAVINGS
PLAN, OR IF NO PERSON IS SO DESIGNATED UNDER THE NBTY, INC. 401(K) SAVINGS PLAN,
THE PERSON MOST-RECENTLY DESIGNATED TO RECEIVE A BENEFIT UPON HIS OR HER DEATH
UNDER ANY PREDECESSOR PLAN AS REFLECTED IN THE RECORDS OF AN EMPLOYER OR THE
RECORDKEEPER, (3) IF THERE IS NO SURVIVING SPOUSE AND NO PERSONS ARE SO
DESIGNATED, THEN LIVING DESCENDANTS, IF ANY, OF THE DECEASED, PER STIRPES, OR
(4) IF THERE IS NO SURVIVING SPOUSE, IF NO PERSONS ARE SO DESIGNATED AND THERE
ARE NO LIVING DESCENDANTS, THE EXECUTOR OR ADMINISTRATOR OF THE ESTATE OF THE
DECEASED.
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UNLESS OTHERWISE SET FORTH IN THE APPLICABLE BENEFICIARY DESIGNATION FORM OR THE
INSTRUCTIONS THERETO, IF A DESIGNATED BENEFICIARY PREDECEASES THE PARTICIPANT,
THEN ANY UNDISTRIBUTED ACCOUNT OF THE DECEASED SHALL BE DISTRIBUTED BY THE
TRUSTEE IN THE ORDER PRESCRIBED BY THE IMMEDIATELY PRECEDING SENTENCE.
(B)
SUCCESSOR BENEFICIARIES.
A BENEFICIARY MAY, IN THE MANNER PRESCRIBED BY
THE ADMINISTRATOR OR RECORDKEEPER, DESIGNATE A PERSON (A "SUCCESSOR
BENEFICIARY") TO RECEIVE ANY UNDISTRIBUTED BALANCE UPON THE DEATH OF THE
BENEFICIARY TO WHICH SUCH BENEFICIARY WOULD HAVE BEEN ENTITLE TO RECEIVE.
UNLESS OTHERWISE SET FORTH IN THE APPLICABLE FORM PURSUANT TO WHICH A
PARTICIPANT DESIGNATES A BENEFICIARY OR THE INSTRUCTIONS THERETO, IF THE
BENEFICIARY DIES AFTER THE PARTICIPANT AND BEFORE 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, IF THERE IS NO SUCH SUCCESSOR BENEFICIARY, TO THE EXECUTOR OR
ADMINISTRATOR OF THE ESTATE OF SUCH DECEASED BENEFICIARY.
SECTION 8.5.
MISSING PERSONS.
IF FOLLOWING THE DATE ON WHICH A PARTICIPANT'S
ACCOUNT MAY BE DISTRIBUTED WITHOUT THE PARTICIPANT'S CONSENT PURSUANT TO
SECTION 8.1(C) OR 8.2, 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 (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 OR BENEFICIARY), THEN THE
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PARTICIPANT'S ACCOUNT MAY BE FORFEITED;