Mondelez 2012 Annual Report Download - page 384

Each Participant’s Account shall be charged with any payments made in accordance with Section 5 below. The Committee shall separately
account for amounts that were credited to the Participant’s Account under the Plan as of December 31, 2004, and were nonforfeitable as of such
date, which amounts shall be adjusted, with respect to the period after December 31, 2004, only for Earnings Equivalents and payments under
Section 5 (such separate account being referred to hereinafter as the “ Grandfathered Account ” or in the case of a Prior Plan, the “ Prior Plan
Grandfathered Account ”). The portion of a Participant’s Account which is not a Grandfathered Account shall be referred to hereinafter as his
“ Non-grandfathered Account .”
3.3 Participant Deferrals . Subject to such rules and procedures as the Committee may from time to time impose, with respect to each Plan
Year, a Participant may elect to defer receipt of a percentage of the Eligible Compensation in excess of the IRS Annual Compensation Limit
which, but for his deferral election hereunder, would be payable to the Participant in such Plan Year:
5
(a)
the amount of any compensation deferred by the Participant in accordance with the provisions of subsection 3.3 or 3.4;
(b)
the amount of any matching contribution credits to be credited to the Participant
’
s Account in accordance with subsection 3.5;
(c) the amount of any supplemental basic contribution credits to be credited to the Participant’s Account in accordance with subsection
3.6;
(d)
the amount of any Earnings Equivalents to be credited to the Participant
’
s Account in accordance with subsection 3.7;
(e) in the case of a Transferred Employee or Former Cadbury Employee, the amounts credited to such Participant’s Account under the
Kraft Plan (as defined therein) immediately prior to the Spin Date; and
(f) the amounts credited to a Participant’s account under any other defined contribution type of nonqualified plan, program or
arrangement which has been merged into and continued in the form of the Plan (a
“
Prior Plan
”
).
(a)
for services performed during such Plan Year; or
(b) for services performed in the immediately preceding Plan Year but only to the extent that the portion of such Eligible Compensation
which is attributable to services in the prior year satisfies the requirements for performance-based compensation under Treas. Reg.
§1.409A-1(e) and the Participant performs such services continuously from the later of the beginning of the performance period or
the date that the performance criteria are established through the date the Participant’s deferral election is made, and provided further
that the deferral election is made before the compensation has become readily ascertainable (within the meaning of Treas. Reg.
§1.409A
-
2(a)(8)).