Mondelez 2012 Annual Report Download - page 492

calculation of the amount of the payment is not administratively practicable due to events beyond the control of the Participant, the payment will
be made as soon as administratively practicable for the Administrator to make such payment). For purposes of such payment, the value of the
Participant’s Accounts for the applicable Plan Year shall be determined as of a Valuation Date preceding the date that such distribution is made,
in accordance with rules established by the Administrator. In the event a Participant’
s Termination Date occurs (or, if elected by the Employer in
the Adoption Agreement, in the event a Change in Control of the Employer occurs) prior to the date the Participant had previously elected to
have an In-Service Distribution payment made to him, such amount shall be paid to the Participant under the rules applicable for payment on
Termination of Employment in accordance with this subsection 9.1 and subsection 9.2. No In-Service Distribution shall be applicable to any
amounts deferred in a year in which the Participant fails to make an affirmative election, and payment of such amounts for such year shall be
made in accordance with his most recent election on file with the Administrator (if no election is on file, then such amounts shall be paid to him
in a single lump sum).
To the extent elected by the Employer in the Adoption Agreement, Participants whose Termination Date has not yet occurred may elect to
defer payment of any In-Service Distribution, provided that such election is made in accordance with procedures established by the
Administrator, and further provided that any such election must be made no later than 12 calendar months prior to the originally elected In-
Service Distribution Date. Participants may elect any deferred payment date, but such date must be no fewer than five years from the original In-
Service Distribution Date.
9.2 Installment Distributions
A Participant who has a Termination Date on or after his Retirement date may, to the extent elected by the Participant in accordance with
this subsection 9.2, receive payments from his Accounts other than his Employer Contribution Account in the form of a single lump sum, as
described in Section 9.1, or in annual installments over a period permitted under the Adoption Agreement. To the extent a Participant fails to
make an election, the Participant shall be deemed to have elected to receive his distribution for that Plan Year in the form of a single lump sum.
To the extent permitted by the Employer in the Adoption Agreement, a Participant may make a separate election with respect to his
Performance-Based Bonus Deferrals for each year (as adjusted for gains and losses thereon) that provides for a different method of distribution
from the method of distribution he elects with respect to his Compensation Deferrals (as adjusted for gains and losses thereon) for that year.
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(a) Installment Elections . A Participant will be required to make his distribution election prior to the commencement of each calendar
year (or, in the event of an election with respect to Performance
-Based Bonuses, prior to six months before the end of the applicable
performance period), or such earlier date as determined by the Administrator.
(b) Installment Payments . The first installment payment shall generally be made within the 90-day period following the Participant’s
Termination Date (provided, however, that if calculation of the amount of the payment is not administratively practicable due to
events beyond the control of the Participant, the payment will