Mondelez 2012 Annual Report Download - page 477

Notwithstanding the foregoing, the definition of compensation for purposes of determining key employees under subsection 9.3 of the Plan shall
be determined solely in accordance with subsection 9.3. To the extent not otherwise designated by the Employer in a separate document forming
part of the Plan, Compensation payable after December 31 of a given year solely for services performed during the Employer’s final payroll
period containing December 31 is treated as Compensation payable for services performed in the subsequent year in which the non-deferred
portion of the payroll payment is actually made.
2.9 Compensation Deferrals
“Compensation Deferrals” means the amounts credited to a Participant’s Compensation Deferral Account pursuant to the Participant’s
election made in accordance with subsection 4.1.
2.10 Deferral Election
“Deferral Election” means an election by a Participant to make Compensation Deferrals or Performance-Based Bonus Deferrals in
accordance with Section 4.
2.11 Disability
“Disability” for purposes of this Plan shall mean the occurrence of an event as a result of which the Participant is considered disabled, as
designated by the Employer in the Adoption Agreement.
2.12 Effective Date
“Effective Date” means the Spin-Off Date.
2.13 Eligible Individual
“Eligible Individual” means each Employee or Other Service Provider who satisfies the eligibility requirements set forth in the Adoption
Agreement (as determined by the Administrator) for the period during which he is determined by the Administrator to satisfy such requirements.
2.14 Employee
“Employee”
means a person who is employed by an Employer and is treated and/or classified by the Employer as a common law employee
for purposes of wage withholding for Federal income taxes. If a person is not considered to be an Employee of the Employer in accordance with
the preceding sentence, a subsequent determination by the Employer, any governmental agency, or a court that the person is a common law
employee of the Employer, even if such determination is applicable to prior years, will not have a retroactive effect for purposes of eligibility to
participate in the Plan.
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