Mondelez 2012 Annual Report Download - page 421

5.4 Delay in Payment for Specified Employees under Code Section 409A . Notwithstanding any provision of the Plan to the contrary
(including, without limitation, any provision of Supplement A), if a Participant is a Specified Employee at the time of his Separation from
Service, payment of benefits under the Plan (other than a Grandfathered 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 Account 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.
5.6 Payment of Supplemental Retirement Plan 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 4.4) shall be paid in the same form, at the same time and in the same manner as under the provisions of
the Kraft 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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(c) the supplemental salary continuation benefit will be paid to him in a lump sum within 90 days following the one-year anniversary of
his Separation from Service, except as otherwise specifically provided in subsection 4.6; and
(d) the supplemental disability benefit will be paid to him in a lump sum within 90 days following (i) in the case of a Participant whose
disability first occurred before he attained age 60, the first day of the month coincident with or next following the date he attains age
65, or (ii) in the case of a Participant whose disability first occurred after he attained age 60, the date which is five years after such
occurrence.