Kraft 2010 Annual Report Download - page 147

Individual either (i) previously received payment of his total Account balances under the Plan, and on or before the date of the last payment was not eligible to
participate in this Plan or (ii) did not previously receive payment of his total Account balances under the Plan, but is rehired (or recommences providing
services to an Employer as an Other Service Provider) at least 24 months after his last day as a previously Eligible Individual prior to again becoming such an
Eligible Individual. In all other cases such rehired Employee or Other Service Provider may not elect to make Compensation Deferrals until the next date
determined by the Administrator with respect to Compensation earned after the following January 1. Similarly, in the case of an Employee who recommences
status as an Eligible Individual for any other reason after having previously lost his status as an Eligible Individual (due to Compensation fluctuations, transfer
from an ineligible location or job classification, or otherwise), the phrase "first becomes an Eligible Individual" shall be interpreted to apply only where the
Eligible Individual either: (i) previously received payment of his total Account balances under the Plan, and on or before the date of the last payment was not
eligible to participate in this Plan, or (ii) did not previously receive payment of his total Account balances under the Plan, but regains his status as an Eligible
Individual at least 24 months after his last day as a previously Eligible Individual prior to again becoming such an Eligible Individual. In all other cases such
Re-Eligible Participant may not elect to make Compensation Deferrals until the next date determined by the Administrator with respect to Compensation
earned after the following January 1.
An election to make Compensation Deferrals under this subsection 4.1 shall remain in effect through the last pay period commencing in the calendar
year to which the election applies (except as provided in subsection 4.4), shall apply with respect to the applicable type of Compensation (other than
Performance-Based Bonuses) to which the Deferral Election relates earned for pay periods commencing in the applicable calendar year to which the election
applies while the Participant remains an Eligible Individual, and shall be irrevocable (provided, however, that a Participant making a Deferral Election under
this subsection may change his election at any time prior to December 31 of the year preceding the year for which the Deferral Election is applicable, subject
to rules established by the Administrator). If a Participant fails to make a Compensation Deferral election for a given Plan Year, such Participant's
Compensation Deferral Election for that Plan Year shall be deemed to be zero; provided, however, that if the Employer has elected in the Adoption
Agreement that a Participant's Compensation Deferral Election shall be "evergreen", then such Participant's Compensation Deferral Election shall be deemed
to be identical to the most recent applicable Deferral Election on file with the Administrator with respect to the applicable type of Compensation; provided
further that no In-Service Distribution shall be applicable to any amounts deferred in a year in which the Participant fails to make an affirmative election, and
payment of such amounts for such year shall be made in accordance with his most recent election on file with the Administrator (if no election is on file, then
such amounts shall be paid to him in a single lump sum).
Compensation Deferrals shall be credited to the Participant's Compensation Deferral Account as soon as administratively feasible after such amounts
would have been payable to the Participant.
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