Mondelez 2012 Annual Report Download - page 420

4.8 Nonduplication of Supplemental Benefit Plan Amounts . The provisions of this Plan are intended to be coordinated with the provisions
of Supplemental Plan I and are not intended to duplicate any of the benefits provided under Supplemental Plan I. To the extent, if any, that any
portion of a Participant’s nonqualified retirement benefits payable from the Company or any other Employer could be provided from both this
Plan and from Supplemental Plan I , the portion of such benefit amount otherwise payable from this Plan shall be reduced by the portion of such
benefit that is payable from Supplemental Plan I. To avoid duplication of benefits, the Committee, in its discretion, may further reduce any
benefit payable under the Plan by the actuarial equivalent of the benefits payable with respect to the Participant from any other retirement plan,
program or arrangement (except a defined contribution or similar plan), maintained by the Company or any Related Company to the extent that
such other plan, program or arrangement provides retirement income after termination of employment for the same period of service used to
determine the amount of the Participant’s benefits payable from this Plan but only to the extent that such reduction does not result in an
impermissible acceleration of benefits within the meaning of Code section 409A.
SECTION 5
Vesting and Payment of Plan Benefits
5.1 Vesting . A Participant shall become vested and have a nonforfeitable interest in the portion of his Account maintained under Section 3
of the Plan attributable to matching contribution credits and Mondelēz Global basic contribution credits (and the Earnings Equivalents
attributable thereto) when and to the extent that his matching account and Mondelē
z Global Basic Contribution account, respectively, maintained
under the Thrift Plan becomes vested and nonforfeitable. A Participant shall become vested and have a nonforfeitable interest in his benefits
determined under Section 4 of the Plan when and to the extent that his accrued benefit under the Retirement Plan becomes vested and
nonforfeitable, or at such earlier date and to such greater extent as may be provided under the terms of any special pension benefit provided to
him pursuant to subsection 4.4. Notwithstanding the foregoing provisions of this subsection 5.1, a Participant or his beneficiary shall have no
right to any benefits under the Plan if the Committee or his Employer determines that he engaged in a willful, deliberate or grossly negligent act
of commission or omission which is substantially injurious to the finances or reputation of the Employers.
5.2 Payment of Supplemental Thrift Plan Benefits to Participants . Subject to the following provisions of this Section 5, a Participant’s
vested supplemental Thrift Plan benefit under Section 3 (if any) shall be paid to him in a lump sum within 90 days following his Separation from
Service.
5.3 Payment of Supplemental Retirement Plan Benefits to Participants . Subject to the following provisions of this Section 5, a
Participant’s vested supplemental Retirement Plan benefit under Section 4 will be paid as follows:
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(a) his non-grandfathered supplemental retirement benefit will be paid to him in a lump sum within 90 days following his Separation
from Service;
(b) his grandfathered supplemental retirement benefit will be paid to him in the same form, on the same dates and for the same period as
benefits would have been paid under the provisions of the Kraft Plan as in effect on October 3, 2004;