Mondelez 2012 Annual Report Download - page 434

-
3
-
be made at the time benefits otherwise become payable to the Employee, the Employee’s Spouse or Plan Beneficiary under
the provisions of the Mondelēz Supplemental Plans (the “Distribution Date”). If the Employee, the Employee’s Spouse or
Plan Beneficiary becomes entitled to a benefit under the Mondelēz Supplemental Plans that is not payable in the form of a
lump sum under the relevant provisions of such plans, before amendment by the Original Enrollment Agreement, such benefit
shall be converted to and shall be payable as a lump sum, notwithstanding any contrary provisions of such plans, based on the
actuarial equivalence conversion factors set forth in Sections 8.5 and Appendix B, III, of the Mondelēz Global LLC
Retirement Plan Part A.
(b) All benefits that would otherwise be payable with respect to a Mondelēz Supplemental Plan on the Distribution Date shall be
offset by an amount determined as follows (the
“
Offset Amount
”
).
(1)
It shall be assumed that the amount credited to the assumed grantor trust maintained pursuant to the Original Enrollment
Agreement had been made to a grantor trust (the “Assumed Grantor Trust”) established by the Employee with Fidelity
Personal Trust Company, FSB or one of its affiliates (“Fidelity”) as trustee and that such amounts had been invested by
Fidelity until the Distribution Date in the same manner that the grantor trust of a similarly situated employee (a
“Similarly Situated Trust”) was invested under the Grantor Trust Alternative, determined in accordance with Item 1 of
Exhibit A. It shall be further assumed that any Funding Payments made pursuant to this Agreement shall be deemed to
have been contributed to the Assumed Grantor Trust. So long as Fidelity (or its successor as trustee) continues to invest
the assets of a Similarly Situated Trust in the manner reflected in Item 1 of Exhibit A, it shall be assumed that the assets
of the Employee’s Assumed Grantor Trust will continue to be so invested, and if at any time the trustee of a Similarly
Situated Trust reinvests the assets of such Similarly Situated Trust in assets other than those specified in Item 1 of
Exhibit A the assets of the Employee’s Assumed Grantor Trust shall be deemed to have been reinvested in the same
manner. If at any time there is no Similarly Situated Trust but the Trustee is investing the assets of other such Trusts in
the manner set forth in such Item 1 (or in any other manner permitting objective determination how the Trustee would
invest the assets of such a Similarly Situated Trust), it shall be assumed that the assets of the Employee’s Assumed
Grantor Trust have been so invested. If at any time such determination cannot be