Kraft 2010 Annual Report Download - page 144

2.28 Retirement
"Retirement" for purposes of this Plan, means the Participant's Termination Date, as defined in subsection 2.30, after attaining the age and/or service
minimums with respect to Retirement or Early Retirement as designated by the Employer in the Adoption Agreement.
2.29 Spouse
"Spouse" means the person to whom a Participant is legally married under applicable state law at the earlier of the date of the Participant's death or the
date payment of the Participant's benefits commenced.
2.30 Termination Date
"Termination Date" means the first day on which a Termination of Employment occurs.
2.31 Termination of Employment
"Termination of Employment" means (i) with respect to an Employee Participant, the Participant's separation from service (within the meaning of
Section 409A of the Code and the regulations, notices and other guidance thereunder, including death or Disability) from the Employer, and any subsidiary or
affiliate of the Employer as defined in Sections 414(b) and (c) of the Code; and (ii) with respect to any Other Service Provider, the expiration of all
agreements to provide services to the Employer (for any reason, including death or Disability). A Termination of Employment shall occur as of the date that
an Employee's or Other Service Provider's performance of bona-fide services for all related Employers is permanently reduced to a level less than 20% of the
average level of services performed in the preceding 36-month period. However, the performance of bona-fide services at a level of 50% or more of the
average level of services performed in the preceding 36-month period shall not be considered a Termination of Employment.
2.32 Valuation Date
"Valuation Date" means the last day of each Plan Year and any other date that the Employer, in its sole discretion, designates as a Valuation Date, as of
which the value of an Investment Fund is adjusted for notional deferrals, contributions, distributions, gains, losses, or expenses.
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