Mondelez 2012 Annual Report Download - page 381

Employees will be assumed by Mondelēz Global under the Mondelēz Global Plan, the terms and conditions of which are substantially identical
to the Kraft Plan. The Mondelēz Global Plan is not intended to qualify under section 401(a) of the Internal Revenue Code of 1986, as amended
(the “ Code ”), or to be subject to Parts 2, 3 or 4 of Title I of the Employee Retirement Income Security Act of 1974, as amended (“ ERISA ”).
Effective as of the Spin Date, Mondelēz Global will replace KFGI as sponsor of the Plan. The term “ Company ”
shall refer to KFGI prior to the
Spin Date and to Mondelēz Global on and after the Spin Date. References herein to the “ Plan ”
shall mean the Kraft Plan for periods prior to the
Spin Date and this Mondelēz Global Plan for periods on and after the Spin Date.
1.2 Separate Programs . For purposes of applying section 72 of the Code, the Plan consists of a separate program of interrelated
contributions and benefits that constitutes a defined contribution arrangement and a separate program of interrelated contributions and benefits
that constitutes a defined benefit arrangement. Section 3 describes the eligibility conditions and benefit amounts available under the separate
program that constitutes a defined contribution arrangement. Section 4 describes the eligibility conditions and benefit amounts available under
the separate program that constitutes a defined benefit arrangement. The two programs shall each constitute a separate contract for purposes of
section 72 of the Code.
1.3 Employers and Related Companies . The Company and any Related Company (as defined below) which, with the consent of the
Company’s Management Committee for Employee Benefits (the “ MCEB ”), has adopted or hereafter adopts the Plan are referred to below
collectively as the “ Employers ” and individually as an “ Employer ”. Each Employer that is an Employer under the Plan immediately prior to
the Effective Date shall continue as an Employer on and after the Effective Date. The term “ Related Company ” means any corporation or
trade or business during any period during which it is, along with the Company, a member of a controlled group of corporations or a controlled
group of trades or businesses as described in section 414(b) and 414(c), respectively, of the Code.
1.4 Plan Administration; Plan Year . The Plan shall be administered by the Committee, as more fully described in Section 6. The “ Plan
Year ” means (i) the period beginning on the Effective Date and ending on December 31, 2012, and (ii) each subsequent 12-consecutive-month
period beginning on each January 1 and ending on the following December 31.
1.5 Source of Benefits . The amount of any benefit payable under the Plan will be paid in cash from the general assets of the Employers or
from one or more trusts, the assets of which are subject to the claims of the Employers’ general creditors. Such amounts payable shall be
reflected on the accounting records of the Employers but shall not be construed to create, or require the creation of, a trust, custodial or escrow
account. No employee or other individual entitled to benefits under the Plan shall have any right, title or interest whatever in any assets of any
Employer or to any investment reserves, accounts or funds that an Employer may purchase, establish or accumulate to aid in providing the
benefits under the Plan. Nothing contained in the Plan and no action taken pursuant to its provisions, shall create a trust or fiduciary relationship
of any kind between an Employer and an employee or any other person. Neither an employee nor the beneficiary of an employee shall acquire
any interest greater than that of an unsecured creditor.
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