Mondelez 2012 Annual Report Download - page 194

CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE COPY FILED HEREWITH OMITS
THE INFORMATION SUBJECT TO A CONFIDENTIALITY REQUEST. OMISSIONS ARE DESIGNATED [ * * * ]. A COMPLETE
VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
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dependents (except that proof of insurability may be required for life insurance coverage that exceeds the coverage amount such
employee had with Kraft as of the Effective Date). In addition, any deductible amounts paid by any Transitioned Employee in the
calendar year of his or her Employment Effective Date shall be applied toward any deductible requirement by Supplier’s group
insurance program for the calendar year of his or her Employment.
8.2.3
Paid
-
Time
-
Off (Vacation/Sick Leave)
. Beginning on his or her Employment Effective Date, Supplier shall make available to all
Transitioned Employees paid-time-off benefits for vacation and sick leave under its applicable plans. The paid-time-off vacation
benefits provided by Supplier shall be no less favorable than the vacation benefits provided under the Transitioned Employee’s
existing plan as of his or her Employment Effective Date and generally available to similarly situated Supplier employees. The paid
time-off benefits for sick-leave provided by Supplier shall be no less favorable than the sick-leave benefits generally available to
similarly situated Supplier employees. Supplier shall recognize vacations plans made by the Transitioned Employees and approved by
Kraft or another Eligible Recipient prior to his or her Employment Effective Date, that in each case were approved by Kraft prior to
his or her Employment Effective Date (which Kraft will verify upon Supplier’s request), and shall permit such Transitioned
Employees to incur negative leave balances for this purpose so long as such balances will be earned during the current calendar year or
other vacation plan period as may be required by applicable law.
8.2.4
Pension Plans
. Each Transitioned Employee shall be eligible as of his or her Employment Effective Date to participate immediately
in Supplier
’
s applicable defined benefit or defined contribution pension plan.
8.2.5
Savings Plans
. Each Transitioned Employee shall be eligible as of his or her Employment Effective Date to participate immediately
in Supplier
’
s applicable savings plan.
8.2.6
Flexible Spending Account Plans
. Each Transitioned Employee shall be eligible as of his or her Employment Effective Date to
participate in Supplier
’
s applicable health care and dependent care reimbursement accounts .
8.2.7
Tuition Assistance
. Transitioned Employees shall be eligible to participate in all tuition assistance programs provided by Supplier to
its similarly situated employees. Courses which are in progress as of the enrolled Transitioned Employee’s Employment Effective
Date, for which tuition assistance has been approved by Kraft, and Courses which have been approved and paid for by the
Transitioned Employee prior to the Transitioned Employees Employment Effective Date (which Kraft shall confirm at Supplier’s
request), shall be reimbursed by Supplier at the completion of the Course, provided all of the requisites for reimbursement under the
Transitioned Employee’s existing program have been approved. “ Course ” refers to specific classes in progress or scheduled to start
during a particular term and does not refer to a degree program.
8.2.8 Bonus Programs . Supplier shall provide to the Transitioned Employees the same variable compensation, incentive compensation,
and bonus programs as are available to similarly situated Supplier employees.
8.2.9 Severance Pay Plans . Supplier’s employment offer to each Affected Kraft Foods Global Personnel will state that if the Affected
Kraft Foods Global Personnel accepts the employment offer and is subsequently terminated by Supplier within the first [ * * * ] of
employment with Supplier for any reason other than Cause, the Affected Kraft Foods Global Personnel (other than