Mondelez 2012 Annual Report Download - page 501

10.12 Elections
Each election or request required or permitted to be made by a Participant (or a Participant’s Spouse or Beneficiary) shall be made in
accordance with the rules and procedures established by the Employer or Administrator and shall be effective as determined by the
Administrator. The Administrator’s rules and procedures may address, among other things, the method and timing of any elections or requests
required or permitted to be made by a Participant (or a Participant’s Spouse or Beneficiary). All elections under the Plan shall comply with the
requirements of the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended (“USERRA”).
10.13 Manner of Delivery
Each notice or statement provided to a Participant shall be delivered in any manner established by the Administrator and in accordance
with applicable law, including, but not limited to, electronic delivery.
10.14 Facility of Payment
When a person entitled to benefits under the Plan is a minor, under legal disability, or is in any way incapacitated so as to be unable to
manage his financial affairs, the Administrator may cause the benefits to be paid to such person’
s guardian or legal representative. If no guardian
or legal representative has been appointed, or if the Administrator so determines in its sole discretion, payment may be made to any person as
custodian for such individual under any applicable state law, or to the legal representative of such person for such person’s benefit, or the
Administrator may direct the application of such benefits for the benefit of such person. Any payment made in accordance with the preceding
sentence shall be a full and complete discharge of any liability for such payment under the Plan.
10.15 Missing Persons
The Employer and the Administrator shall not be required to search for or locate a Participant, Spouse, or Beneficiary. Each Participant,
Spouse, and Beneficiary must file with the Administrator, from time to time, in writing the Participant’s, Spouse’s, or Beneficiary’s post office
address and each change of post office address. Any communication, statement, or notice addressed to a Participant, Spouse, or Beneficiary at
the last post office address filed with the Administrator, or if no address is filed with the Administrator, then in the case of a Participant, at the
Participant’s last post office address as shown on the Employer’s records, shall be considered a notification for purposes of the Plan and shall be
binding on the Participant and the Participant’s Spouse and Beneficiary for all purposes of the Plan.
If the Administrator is unable to locate the Participant, Spouse, or Beneficiary to whom a Participant’s Accounts are payable, the
Participant’s Accounts shall be frozen as of the date on which distribution would have been completed under the terms of the Plan, and no
further notional investment returns shall be credited thereto.
If a Participant whose Accounts were frozen (or his Beneficiary) files a claim with the Administrator for distribution of the Accounts
within 7 years after the date the Accounts are frozen, and if the Administrator or Employer determines that such claim is valid, then the frozen
balance shall be paid by the Employer to the Participant or Beneficiary in a lump sum cash payment as soon as practicable thereafter. If the
Administrator notifies a Participant, Spouse, or Beneficiary of the provisions of this Subsection, and the Participant, Spouse, or Beneficiary fails
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