eTrade 2008 Annual Report Download - page 178

To determine an Eligibility Computation Period after an Eligibility Break in Service, the Plan shall use the consecutive 12-
month period beginning on an Employee’s Reemployment Commencement Date as if his Reemployment Commencement Date
were his Employment Commencement Date.
Eligibility Service means, for purposes of a Part Time Employee, one year of service for each Eligibility Computation Period
that has ended and in which a Part Time Employee is credited with at least 1,000 Hours of Service.
Eligible Employee means any Employee of the Employer excluding the following:
Bargaining class. Represented for collective bargaining purposes by any collective bargaining agreement between the
Employer and employee representatives, if retirement benefits were the subject of good faith bargaining and if two percent
or less of the Employees who are covered pursuant to that agreement are professionals as defined in section 1.410(b)-9 of
the regulations. For this purpose, the term “employee representatives” does not include any organization more than half of
whose members are Employees who are owners, officers, or executives of the Employer.
Nonresident alien, within the meaning of Code Section 7701(b)(1)(B), who receives no earned income, within the meaning
of Code Section 911(d)(2), from the Employer that constitutes income from sources within the United States, within the
meaning of Code Section 861(a)(3), or who receives such earned income but it is all exempt from income tax in the United
States under the terms of an income tax convention.
Leased Employees.
Eligible Retirement Plan means an eligible plan under Code Section 457(b) which is maintained by a state, political
subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state and which agrees to
separately account for amounts transferred into such plan from this Plan, an individual retirement account described in Code
Section 408(a), an individual retirement annuity described in Code Section 408(b), an annuity plan described in Code
Section 403(a), an annuity contract described in Code Section 403(b), or a qualified plan described in Code Section 401(a), that
accepts the Distributee’s Eligible Rollover Distribution. The definition of Eligible Retirement Plan shall also apply in the case of
a distribution to a surviving spouse, or to a spouse or former spouse who is the Alternate Payee under a qualified domestic
relations order, as defined in Code Section 414(p).
If any portion of an Eligible Rollover Distribution is attributable to payments or distributions from a designated Roth account, an
Eligible Retirement Plan with respect to such portion shall include only another designated Roth account of the individual from
whose Account the payments or distributions were made under an annuity plan described in Code Section 403(a) or a qualified
plan described in Code Section 401(a), or a Roth IRA described in Code Section 408A of such individual.
Eligible Rollover Distribution means any distribution of all or any portion of the balance to the credit of the Distributee, except
that an Eligible Rollover Distribution does not include: (i) any distribution that is one of a series of substantially equal periodic
payments (not less frequently than annually) made for the life (or life expectancy) of the Distributee or the joint lives (or joint
life expectancies) of the Distributee and the Distributee’s designated Beneficiary, or for a specified period of ten years or more;
(ii) any distribution to the extent such distribution is required under Code Section 401(a)(9); (iii) any hardship
RESTATEMENT DECEMBER 15, 2006 11 ARTICLE I (5-19047)