Mondelez 2012 Annual Report Download - page 416

FURTHER REDUCED BY
In the case of a Participant who qualifies as an Altria Participant under the terms of the Retirement Plan, the amount calculated under
subparagraphs (a)(i) and (b)(i) next above shall be determined as if the provisions of the Retirement Plan relating to the Altria Accrued Benefit
(as defined in the Retirement Plan) were not in effect; the amount calculated under subparagraphs (a)(ii) and (b)(ii) next above shall be
determined by excluding the amount of any Altria Accrued Benefit to which the Participant is entitled under the Retirement Plan; and the
amount calculated under subparagraphs (a)(iii), (a)(iv), (b)(iii) and (b)(iv) next above shall be determined exclusive of any Supplemental Altria
Retirement Benefit to which such Participant is entitled under the provisions of Supplemental Plan I.
4.3 Special Pension Benefits . If, under the terms of any employment or incentive agreement or other contractual obligation of an
Employer, any Participant is entitled to additional service credit, early retirement subsidies, an enhanced pension formula or any other additional
retirement plan amounts that are not payable from the Retirement Plan or from Plan I, such additional retirement amounts shall be payable from
this Plan in the amount determined by the Committee.
4.4 Grandfathered Amount Under Code Section 409A . For purposes of section 409A and the distribution provisions of Section 5 of the
Plan, in the case of an individual who was a Participant in the Kraft Plan prior to January 1, 2005 and whose benefit under the Kraft Plan was
transferred to this Plan, such Participant’s supplemental retirement benefit under this Section 4 shall consist of a grandfathered supplemental
retirement benefit and a non-grandfathered supplemental retirement benefit to the extent determined below. As of the Participant’s Benefit
Calculation Date, his non-grandfathered supplemental retirement benefit shall be an amount equal to:
OVER
A Participant’s “grandfathered amount” shall be the lesser of: (i) the amount determined under subsection 4.2, and (ii) the lump sum present
value of the amount (if any) to which the Participant would have been entitled under the Kraft Plan if the Participant had voluntarily terminated
from service without cause on December 31, 2004, and received a payment of benefits from the Kraft Plan on the earliest possible date following
termination of services.
8
(iv) the lump sum present value, as of such Benefit Calculation Date, of the Participant’s supplemental retirement benefit under
subsection 4.2(a) and subsection 4.2(a) of Supplemental Plan I (and, if applicable, the Participant’s supplemental salary
continuation benefit under subsection 4.7 and subsection 4.5 of Supplemental Plan I or supplemental disability benefit under
subsection 4.8 and subsection 4.6 of Supplemental Plan I accrued prior to the date of his reemployment).
(a)
the
excess
, if any, of the amount of the lump sum benefit determined under subsection 4.2;
(b)
the Participant
’
s grandfathered amount (as defined below), if any.