Mondelez 2012 Annual Report Download - page 482

SECTION 4. DEFERRALS AND CONTRIBUTIONS
4.1 Compensation Deferrals Other Than Performance-Based Bonus Deferrals
Each Plan Year, an Eligible Individual may elect to defer receipt of no less than the minimum and no greater than the maximum percentage
or amount selected by the Employer in the Adoption Agreement with respect to each type of Compensation (other than Performance-Based
Bonuses) earned with respect to pay periods beginning on and after the effective date of the election; provided, however, that Compensation
earned prior to the date the Participant satisfies the eligibility requirements of Section 3 shall not be eligible for deferral under this Plan. Except
as otherwise provided in this subsection, a Participant’s Deferral Election for a Plan Year under this subsection must be made not later than
December 31 of the preceding Plan Year (or such earlier date as determined by the Administrator) with respect to Compensation (other than
Performance-Based Bonuses) earned in pay periods beginning on or after the following January 1 in accordance with rules established by the
Administrator.
An Employee or Other Service Provider who first becomes an Eligible Individual with respect to this Plan or any other plan required to be
aggregated with this Plan pursuant to Code Section 409A during a Plan Year (by virtue of a promotion, Compensation increase, commencement
of employment with the Employer, execution of an agreement to provide services to an Employer, or any other reason) shall be provided
enrollment documents (including Deferral Election forms) as soon as administratively feasible following such initial notification of eligibility.
Such Eligible Individual must make his Deferral Elections within 30 days after first becoming an Eligible Individual, with respect to his
Compensation earned on or after the effective date of the Deferral Election (provided, however, that if such Eligible Individual is participating in
any other account balance plan maintained by the Employer or any member of the Employer’s “controlled group” (as defined in subsections 414
(b) and (c) of the Code), such Eligible Individual must make his Compensation Deferral Election no later than December 31 of the preceding
Plan Year (or such earlier date as determined by the Administrator), or he may not elect to make Compensation Deferrals for that initial Plan
Year). If an Eligible Individual does not elect to make Compensation Deferrals during that initial 30-day period, he may not later elect to make
Compensation Deferrals for that year under this subsection. The Eligible Individual’s Deferral Election shall become irrevocable with respect to
the current Plan Year after the 30-day period, except as otherwise provided in the Plan. In the event that an Eligible Individual first becomes
eligible during a Plan Year with respect to which Fiscal Year Compensation is payable, such Eligible Individual must make his Fiscal Year
Compensation Deferral Election on or before the end of the fiscal year of the Employer immediately preceding the first fiscal year in which any
services are performed for which the Fiscal Year Compensation is payable. With regard to elections relating to Non-Performance Based Bonus
Deferrals in which the initial deferral election is made in the first year of eligibility but after the beginning of the performance period, such
election will apply only to Compensation paid for services performed after the election determined on a pro-rata basis in accordance with Treas.
Reg. § 1.409A-2(a)(7)(i).
In the case of an Employee or Other Service Provider who is rehired (or who recommences providing services to an Employer as an Other
Service Provider) after having previously been an Eligible Individual, the phrase “first becomes an Eligible Individual” in the first sentence of
the preceding paragraph shall be interpreted to apply only where the Eligible
10