Best Buy 2003 Annual Report Download - page 113

3.9 Crediting/Debiting of Account Balances. In accordance with, and subject to, the rules and procedures that are established
from time to time by the Committee, in its sole discretion, amounts shall be credited or debited to a Participant’s Account Balance,
which solely for purposes of this Section 3.9 shall include the Participant’s Company Contribution Account and Company Matching
Account regardless of vesting status, in accordance with the following rules:
(a) Election of Measurement Funds. A Participant, in connection with his or her initial deferral election in accordance with
Section 3.3(a) above, shall elect, on the Election Form and Plan Agreement, one or more Measurement Fund(s) (as described in
Section 3.9(c) below) to be used to determine the additional amounts to be credited or debited to his or her Account Balance for the
first day in which the Participant commences participation in the Plan and continuing thereafter for each subsequent day in which the
Participant participates in the Plan, unless changed in accordance with the next sentence. Commencing with the first day that follows
the Participant’s commencement of participation in the Plan and continuing thereafter for each subsequent day in which the Participant
participates in the Plan, the Participant may (but is not required to) elect, by submitting an Election Form and Plan Agreement to the
Committee that is accepted by the Committee, to add or delete one or more Measurement Fund(s) to be used to determine the
additional amounts to be credited or debited to his or her Account Balance, or to change the portion of his or her Account Balance
allocated to each previously or newly elected Measurement Fund. The Participant may change the percentage of future contributions
to be invested in each Measurement Fund and/or elect to have all or part the Participant’s previously invested Account Balance
transferred among the Measurement Funds at any time. If an election is made in accordance with this Subsection (a), it shall be
effective as soon as administratively practicable after the election is made. Generally, an election shall become effective on the day
such election is made if such election is received before 3:00 PM CT on any Business Day, and any election received after 3:00 PM
CT on a Business Day, or any election received on a day other than a Business Day, shall be effective as of the next Business Day.
Any election shall continue thereafter
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for each subsequent day in which the Participant participates in the Plan, unless changed in accordance with this Subsection (a).
(b) Proportionate Allocation. In making any election described in Section 3.9(a) above, the Participant shall specify on the
Election Form and Plan Agreement, in increments of one percentage point (1%), the percentage of his or her Account Balance to be
allocated to a Measurement Fund (as if the Participant was making an investment in that Measurement Fund with that portion of his or
her Account Balance).
(c) Measurement Funds. The Participant may elect one or more measurement funds described in the Election Form and Plan
Agreement and/or accompanying Plan enrollment materials, based on certain mutual funds (the “Measurement Funds”), for the
purpose of crediting or debiting additional amounts to his or her Account Balance. As necessary, the Committee may, in its sole
discretion, discontinue, substitute or add a Measurement Fund. Each such action will take effect as of the first day of the calendar
month that follows by thirty (30) days the day on which the Committee gives Participants advance written notice of such change.
(d) Crediting or Debiting Method. The performance of each elected Measurement Fund (either positive or negative) will be
determined by the Committee, in its reasonable discretion, based on the performance of the Measurement Funds themselves. A
Participant’s Account Balance shall be credited or debited on a daily basis based on the performance of each Measurement Fund
selected by the Participant, as determined by the Committee in its sole discretion, as though (i) a Participant’s Account Balance were
invested in the Measurement Fund(s) selected by the Participant, in the percentages applicable to such day, at the closing price on such
date; (ii) the portion of the Annual Deferral Amount that was actually deferred during any day were invested in the Measurement
Fund(s) selected by the Participant, in the percentages applicable to such day, on the day on which such amounts are actually deferred
from the Participant’s Base Annual Salary through reductions in his or her payroll, at the closing price on such date; and (iii) any
distribution made to a Participant that decreases such Participant’s Account Balance ceased being invested in the Measurement
Fund(s), in the percentages applicable to such day, on the Business Day prior to the distribution, at the closing price on such prior
Business Day. The Participant’s Company Matching Amount shall be credited to his or her Company Matching Account for purposes
of this Section 3.9(d) as of the close of business on the date(s) that matching contributions are credited under the 401(k) Plan. The
Participant’s Company Contribution Amount shall be credited to his or her Company Contribution Account on any date(s) selected by
the Company.
(e) No Actual Investment. Notwithstanding any other provision of this Plan that may be interpreted to the contrary, the
Measurement Funds are to be used for
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measurement purposes only, and a Participant’s election of any such Measurement Fund, the allocation to his or her Account Balance
thereto, the calculation of additional amounts and the crediting or debiting of such amounts to a Participant’s Account Balance shall
not be considered or construed in any manner as an actual investment of his or her Account Balance in any such Measurement Fund.
In the event that the Company or the trustees of the Trust, in their own discretion, decide to invest funds in any or all of the
Measurement Funds, no Participant shall have any rights in or to such investments themselves. Without limiting the foregoing, a