Mondelez 2012 Annual Report Download - page 484

4.2 Performance-Based Bonus Deferrals
Each Plan Year, including the year of initial eligibility, 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 Performance-Based
Bonuses earned with respect to the performance period for which the Performance-Based Bonus is earned. Except as otherwise provided in this
subsection, a Participant’s Performance-Based Bonus Deferral Election under this subsection must be made not later than six months (or such
earlier date as determined by the Administrator) prior to the end of the performance period, provided such performance period is at least 12
months long, and provided that the Eligible Individual performed services continuously from a date no later than the date upon which the
performance criteria are established through a date no earlier than the date upon which the Eligible Individual makes a Performance-Based
Bonus Deferral Election; and further provided that in no event may an election to defer Performance-Based Bonuses be made after such
Performance-Based Bonuses have become readily ascertainable as determined pursuant to Treasury Regulations §1.409A-2(a)(8).
An Employee or Other Service Provider who first becomes an Eligible Individual 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; provided, however, that any Employee who transferred employment from KFGI as of the Spin-Off Date
will not be considered a new employee as the result of the Spin-Off. Such Eligible Individual must make his Performance-Based Bonus Deferral
Election within 30 days after first becoming an Eligible Individual; 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 Performance-Based Bonus Deferral Election no later than six months (or such
earlier date as determined by the Administrator) prior to the end of the performance period, or he may not elect to make Performance-Based
Bonus Deferrals for such initial Plan Year. In the case of a Deferral Election in the first year of eligibility that is made after the beginning of the
Performance-Based Bonus performance period, the Deferral Election will apply to the portion of the Performance-
Based Bonus equal to the total
amount of the Performance-Based Bonus for the performance period multiplied by the ratio of the number of days remaining in the performance
period after the effective date of the Deferral Election over the total number of days in the Performance Period. If an Eligible Individual does not
elect to make a Performance-Based Bonus Deferral during that initial 30-day period, he may not later elect to make a Performance-Based Bonus
Deferral for that performance period under this subsection. Rules relating to the timing of elections to make a Performance-Based Bonus
Deferral with respect to an Employee or Other Service Provider who becomes an Eligible Individual (due to rehire or other similar event) after
having previously been an Eligible Individual shall be applied in the same manner as the rules described applicable to rehired and other Re-
Eligible Participants in subsection 4.1 above.
An election to make Performance-Based Bonus Deferrals under this subsection 4.2 shall remain in effect through the end of the
performance period to which the election applies (except as provided in subsection 4.4), and shall be irrevocable (provided, however, that a
Participant
12