Kraft 2010 Annual Report Download - page 167

to claim the Participant's, Spouse's, or Beneficiary's benefits or make such person's whereabouts known to the Administrator within 7 years after the date the
Accounts are frozen, the benefits of the Participant, Spouse, or Beneficiary may be disposed of, to the extent permitted by applicable law, by one or more of
the following methods:
(a) By retaining such benefits in the Plan.
(b) By paying such benefits to a court of competent jurisdiction for judicial determination of the right thereto.
(c) By forfeiting such benefits in accordance with procedures established by the Administrator. If a Participant, Spouse, or Beneficiary is
subsequently located, such benefits shall be restored (without adjustment) to the Participant, Spouse, or Beneficiary under the Plan.
(d) By any equitable manner permitted by law under rules adopted by the Administrator.
10.16 Recovery of Benefits
In the event a Participant, Spouse, or Beneficiary receives a benefit payment from the Plan that is in excess of the benefit payment that should have
been made to such Participant, Spouse, or Beneficiary, or in the event a person other than a Participant, Spouse, or Beneficiary receives an erroneous payment
from the Plan, the Administrator or Employer shall have the right, on behalf of the Plan, to recover the amount of the excess or erroneous payment from the
recipient. To the extent permitted under applicable law, the Administrator or Employer may, at its option, deduct the amount of such excess or erroneous
payment from any future benefits payable to the applicable Participant, Spouse, or Beneficiary.
10.17 Effect on Other Benefits
Except as otherwise specifically provided under the terms of any other employee benefit plan of the Employer, a Participant's participation in this Plan
shall not affect the benefits provided under such other employee benefit plan.
10.18 Tax and Legal Effects
The Employer, the Administrator, and their representatives and delegates do not in any way guarantee the tax treatment of benefits for any Participant,
Spouse, or Beneficiary, and the Employer, the Administrator, and their representatives and delegates do not in any way guarantee or assume any responsibility
or liability for the legal, tax, or other implications or effects of the Plan. In the event of any legal, tax, or other change that may affect the Plan, the Employer
may, in its sole discretion, take any actions it deems necessary or desirable as a result of such change.
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