Mondelez 2012 Annual Report Download - page 480

2.26 Performance-Based Bonus Deferrals
“Performance-Based Bonus Deferrals” means the amounts credited to a Participant’s Compensation Deferral Account from the
Participant’s Performance-Based Bonus pursuant to the Participant’s election made in accordance with subsection 4.2.
2.27 Plan Year
“Plan Year” means each 12-month period specified in the Adoption Agreement, on the basis of which the Plan is administered.
2.28 Retirement
“Retirement” for purposes of this Plan, means the Participant’s Termination Date, as defined in subsection 2.30, after attaining the age
and/or service minimums with respect to Retirement or Early Retirement as designated by the Employer in the Adoption Agreement.
2.29 Spouse
“Spouse” means the person to whom a Participant is legally married under applicable state law at the earlier of the date of the Participant’s
death or the date payment of the Participant’s benefits commenced.
2.30 Termination Date
“Termination Date” means the first day on which a Termination of Employment occurs.
2.31 Termination of Employment
“Termination of Employment” means (i) with respect to an Employee Participant, the Participant’s separation from service (within the
meaning of Section 409A of the Code and the regulations, notices and other guidance thereunder, including death or Disability) from the
Employer, and any subsidiary or affiliate of the Employer as defined in Sections 414(b) and (c) of the Code; and (ii) with respect to any Other
Service Provider, the expiration of all agreements to provide services to the Employer (for any reason, including death or Disability). A
Termination of Employment shall occur as of the date that an Employee’s or Other Service Provider’s performance of bona-fide services for all
related Employers is permanently reduced to a level less than 20% of the average level of services performed in the preceding 36-month period.
However, the performance of bona-fide services at a level of 50% or more of the average level of services performed in the preceding 36-month
period shall not be considered a Termination of Employment.
2.32 Valuation Date
“Valuation Date” means the last day of each Plan Year and any other date that the Employer, in its sole discretion, designates as a
Valuation Date, as of which the value of an Investment Fund is adjusted for notional deferrals, contributions, distributions, gains, losses, or
expenses.
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