Kraft 2010 Annual Report Download - page 160

Participant dies before receiving the value of all of his Accounts. A Beneficiary designation must be made in the manner required by the Administrator for
this purpose. Primary and secondary Beneficiaries are permitted. A married participant designating a Beneficiary other than his Spouse must obtain the
consent of his Spouse to such designation (in accordance with rules determined by the Administrator). Payments to the Participant's Beneficiary(ies) shall be
made in accordance with subsection 9.1, 9.2 or 9.4, as applicable, after the Administrator has received proper notification of the Participant's death.
A Beneficiary designation will be effective only when the Beneficiary designation is received by the Administrator while the Participant is alive, and a
subsequent Beneficiary designation will cancel all of the Participant's Beneficiary designations previously filed with the Administrator. Any designation or
revocation of a Beneficiary shall be effective when it is received by the Administrator. Once received, such designation shall be effective as of the date the
designation was executed, but without prejudice to the Administrator on account of any payment made before the change is recorded by the Administrator. If
a Beneficiary dies before the entire payment of the Participant's Accounts have been made, the Participant's Accounts shall be distributed in accordance with
the Participant's Beneficiary designation or pursuant to rules established by the Administrator. If a deceased Participant failed to designate a Beneficiary, or if
the designated Beneficiary predeceases the Participant, the value of the Participant's Accounts shall be payable to the Participant's Spouse or, if there is none,
to the Participant's estate, or in accordance with such other equitable procedures as determined by the Administrator.
9.6 Reemployment
If a former Participant is rehired by an Employer, the Employer or any affiliate or subsidiary of the Employer described in Section 414(b) and (c) of the
Code, regardless of whether he is rehired as an Eligible Individual (with respect to an Employee Participant), any payments being made to such Participant
hereunder by virtue of his previous Termination Date shall continue to be made to him without regard to such rehire. If a former Participant is rehired by the
Employer (with respect to an Employee Participant), and any payments to be made to the Participant by virtue of his previous Termination Date have not been
made or commenced, any payments being made to such Participant hereunder by virtue of his previous Termination Date shall continue to be made to him
without regard to such rehire or return to service. See subsections 4.1 and 4.2 of the Plan for special rules applicable to deferral elections for rehired or Re-
Eligible Participants.
9.7 Special Distribution Rules
Except as otherwise provided herein and in Section 12, Account balances of Participants in this Plan shall not be distributed earlier than the applicable
date or dates described in this Section 9. Notwithstanding the foregoing, in the case of payments: (i) the deduction for which would be limited or eliminated
by the application of Section 162(m) of the Code; (ii) that would violate securities or other applicable laws; (iii) that would violate loan covenants or other
contractual terms to which an Employer is a party, but only where such a violation would result in jeopardizing the ability of the Employer to continue as a
going concern, deferral of such payments may be made by the Employer at the Employer's discretion. In the case of a payment
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