Kraft 2010 Annual Report Download - page 141
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Notwithstanding the foregoing, the definition of compensation for purposes of determining key employees under subsection 9.3 of the Plan shall be
determined solely in accordance with subsection 9.3. To the extent not otherwise designated by the Employer in a separate document forming part of the Plan,
Compensation payable after December 31 of a given year solely for services performed during the Employer's final payroll period containing December 31 is
treated as Compensation payable for services performed in the subsequent year in which the non-deferred portion of the payroll payment is actually made.
2.9 Compensation Deferrals
"Compensation Deferrals" means the amounts credited to a Participant's Compensation Deferral Account pursuant to the Participant's election made in
accordance with subsection 4.1.
2.10 Deferral Election
"Deferral Election" means an election by a Participant to make Compensation Deferrals or Performance-Based Bonus Deferrals in accordance with
Section 4.
2.11 Disability
"Disability" for purposes of this Plan shall mean the occurrence of an event as a result of which the Participant is considered disabled, as designated by
the Employer in the Adoption Agreement.
2.12 Effective Date
"Effective Date" means the Effective Date of the Plan, as indicated in the Adoption Agreement.
2.13 Eligible Individual
"Eligible Individual" means each Employee or Other Service Provider who satisfies the eligibility requirements set forth in the Adoption Agreement (as
determined by the Administrator) for the period during which he is determined by the Administrator to satisfy such requirements.
2.14 Employee
"Employee" means a person who is employed by an Employer and is treated and/or classified by the Employer as a common law employee for purposes
of wage withholding for Federal income taxes. If a person is not considered to be an Employee of the Employer in accordance with the preceding sentence, a
subsequent determination by the Employer, any governmental agency, or a court that the person is a common law employee of the Employer, even if such
determination is applicable to prior years, will not have a retroactive effect for purposes of eligibility to participate in the Plan.
2.15 Employer
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