Kraft 2010 Annual Report Download - page 157

calculation of the amount of the payment is not administratively practicable due to events beyond the control of the Participant, the payment will be made as
soon as administratively practicable for the Administrator to make such payment). For purposes of such payment, the value of the Participant's Accounts for
the applicable Plan Year shall be determined as of a Valuation Date preceding the date that such distribution is made, in accordance with rules established by
the Administrator. In the event a Participant's Termination Date occurs (or, if elected by the Employer in the Adoption Agreement, in the event a Change in
Control of the Employer occurs) prior to the date the Participant had previously elected to have an In-Service Distribution payment made to him, such amount
shall be paid to the Participant under the rules applicable for payment on Termination of Employment in accordance with this subsection 9.1 and subsection
9.2. 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).
To the extent elected by the Employer in the Adoption Agreement, Participants whose Termination Date has not yet occurred may elect to defer
payment of any In-Service Distribution, provided that such election is made in accordance with procedures established by the Administrator, and further
provided that any such election must be made no later than 12 calendar months prior to the originally elected In-Service Distribution Date. Participants may
elect any deferred payment date, but such date must be no fewer than five years from the original In-Service Distribution Date.
9.2 Installment Distributions
A Participant who has a Termination Date on or after his Retirement date may, to the extent elected by the Participant in accordance with this
subsection 9.2, receive payments from his Accounts other than his Employer Contribution Account in the form of a single lump sum, as described in
Section 9.1, or in annual installments over a period permitted under the Adoption Agreement. To the extent a Participant fails to make an election, the
Participant shall be deemed to have elected to receive his distribution for that Plan Year in the form of a single lump sum. To the extent permitted by the
Employer in the Adoption Agreement, a Participant may make a separate election with respect to his Performance-Based Bonus Deferrals for each year (as
adjusted for gains and losses thereon) that provides for a different method of distribution from the method of distribution he elects with respect to his
Compensation Deferrals (as adjusted for gains and losses thereon) for that year.
(a) Installment Elections. A Participant will be required to make his distribution election prior to the commencement of each calendar year (or, in the
event of an election with respect to Performance-Based Bonuses, prior to six months before the end of the applicable performance period), or
such earlier date as determined by the Administrator.
(b) Installment Payments. The first installment payment shall generally be made within the 90-day period following the Participant's Termination
Date (provided, however, that if calculation of the amount of the payment is not administratively practicable due to events beyond the control of
the Participant, the payment will
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