Mondelez 2012 Annual Report Download - page 393

Account balance under Section 3 or a grandfathered amount under Section 4) may not be paid before the date that is six months after the
Participant’s Separation from Service or, if earlier, the Participant’s date of death. Any amount that may not be paid by reason of the restriction
in this subsection 5.4 shall be paid on the first day of the seventh month following the Participant’s Separation from Service. The amount of the
Participant’s non-grandfathered supplemental retirement benefit shall be increased for interest for such six-month period at an interest rate equal
to the “first segment rate” (
as described under section 430(h)(2)(C) of the Code) in effect under the Retirement Plan for a benefit commencing as
of the first of the month following the Participant’s Separation from Service. For purposes of the Plan, the term “ Specified Employee ” shall be
defined in accordance with Treas. Reg. § 1.409A-1(i) and such rules as may be established from time to time in writing by the Executive Vice
President, Human Resources, Kraft Foods (effective on and after the Spin Date, Mondelēz International) (or her delegate) pursuant to such
regulations.
5.5 Payment of Supplemental Thrift Plan Benefits to Beneficiaries . If a Participant’s Separation from Service occurs on account of his
death or the Participant dies after his Separation from Service but before his entire Account balance under Section 3 is paid, the vested portion of
his remaining Account balance shall be paid to his Beneficiary, in a lump sum, within 90 days after his Separation from Service and without
regard to any delay that would otherwise apply with respect to the Participant under subsection 5.4; provided however that payment of the
balance in his Grandfathered Account (if any) shall be paid to his beneficiary in a lump sum as soon as practicable following the completion of
all forms and applications requested by the Committee.
5.6 Payment of Supplemental Retirement Benefits to a Beneficiary . If a Participant’s Separation from Service occurs on account of his
death, his Beneficiary will be entitled to receive, with respect to such Participant’s supplemental retirement benefit, an amount equal to the lump
sum present value of such supplemental death benefits or qualified pre-retirement surviving spouse (“ QPSA ”) benefit, if any, as would be
provided with respect to the Participant’s benefit under the Retirement Plan. Payment of such supplemental death or QPSA benefits, if any, will
be made, in a lump sum, within 90 days following the Participant’s Separation from Service; provided, however, that any portion of such death
or QPSA benefit which is attributable to the Participant’s grandfathered amount (determined in a manner consistent with the calculation of the
grandfathered amount under subsection 4.3) shall be paid in the same form, at the same time and in the same manner as under the provisions of
the Plan as in effect on October 3, 2004. If a Participant dies after his Separation from Service but before all benefits under Section 4 have been
paid:
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(a) the amount that would have been payable to the Participant under subsection 4.2 and subsection 4.5 (other than any portion thereof
which is a grandfathered amount) shall be paid to the Participant’s Beneficiary in a lump sum at the same date that such amount
would have been paid to the Participant (determined without regard to subsection 5.4);
(b) with respect to such Participant’s supplemental disability benefit under subsection 4.6, an amount equal to the lump sum present
value of such supplemental death benefits or QPSA benefit, if any, as would be provided with respect to the Participant’s benefit
under the Retirement Plan shall be paid to the Participant’s Beneficiary in a lump sum within 90 days following the date of the
Participant
’
s death;