eTrade 2008 Annual Report Download - page 177

CONTRIBUTION LIMITATION SECTION of Article III, as modified by Code Section 415(h). The term Controlled Group, as
it is used in this Plan, shall include the term Affiliated Service Group and any other employer required to be aggregated with the
Employer under Code Section 414(o) and the regulations thereunder.
Direct Rollover means a payment by the Plan to the Eligible Retirement Plan specified by the Distributee.
Discretionary Contributions means discretionary contributions made by the Employer to fund this Plan. See the EMPLOYER
CONTRIBUTIONS SECTION of Article III.
Distributee means an Employee or former Employee. In addition, the Employee’s (or former Employee’s) surviving spouse and
the Employee’s (or former Employee’s) spouse or former spouse who is the alternate payee under a qualified domestic relations
order, as defined in Code Section 414(p), are Distributees with regard to the interest of the spouse or former spouse.
Earned Income means, for a Self-employed Individual, net earnings from self-employment in the trade or business for which
this Plan is established if such Self-employed Individual’s personal services are a material income producing factor for that trade
or business. Net earnings shall be determined without regard to items not included in gross income and the deductions properly
allocable to or chargeable against such items. Net earnings shall be reduced for the employer contributions to the Employer’s
qualified retirement plan(s) to the extent deductible under Code Section 404.
Net earnings shall be determined with regard to the deduction allowed to the Employer by Code Section 164(f) for taxable years
beginning after December 31, 1989.
Elective Deferral Contributions means contributions made by the Employer to fund this Plan in accordance with elective
deferral agreements between Eligible Employees and the Employer.
Elective deferral agreements shall be made, changed, or terminated according to the provisions of the EMPLOYER
CONTRIBUTIONS SECTION of Article III.
Elective Deferral Contributions shall be 100% vested and subject to the distribution restrictions of Code Section 401(k) when
made. See the WHEN BENEFITS START SECTION of Article V.
Elective Deferral Contributions means Pre-tax Elective Deferral Contributions and on and after January 1, 2007, Roth Elective
Deferral Contributions, unless the context clearly indicates only one is meant.
Eligibility Break in Service means an Eligibility Computation Period in which an Employee is credited with 500 or fewer
Hours of Service. An Employee incurs an Eligibility Break in Service on the last day of an Eligibility Computation Period in
which he has an Eligibility Break in Service.
Eligibility Computation Period means a consecutive 12-month period. The first Eligibility Computation Period begins on an
Employee’s Employment Commencement Date. Later Eligibility Computation Periods shall be consecutive 12-month periods
ending on the last day of each Plan Year that begins after his Employment Commencement Date.
RESTATEMENT DECEMBER 15, 2006 10 ARTICLE I (5-19047)