eTrade 2008 Annual Report Download - page 197

Code Section 411(d)(6) protected benefits with respect to the restored Account, according to applicable Treasury regulations.
Provided, however, the Plan Administrator shall not restore the Nonvested Account if (i) a Forfeiture Date has occurred after the date
of the distribution and on or before the date of repayment and (ii) that Forfeiture Date would result in a complete forfeiture of the
amount the Plan Administrator would otherwise restore.
The Plan Administrator shall restore the Participant’s Account by the close of the Plan Year following the Plan Year in which
repayment is made. The permissible sources for restoration of the Participant’s Account are Forfeitures or special Employer
Contributions. Such special Employer Contributions shall be made without regard to profits. The repaid and restored amounts are not
included in the Participant’s Annual Additions, as defined in the CONTRIBUTION LIMITATION SECTION of this article.
SECTION 3.03—ALLOCATION.
A person meets the allocation requirements of this section if he is an Active Participant on the last day of the Plan Year. A
person shall also meet the requirements of this section if he was an Active Participant at any time during the Plan Year and retires,
becomes Totally and Permanently Disabled, or dies.
Elective Deferral Contributions shall be allocated to the Participants for whom such Contributions are made under the
EMPLOYER CONTRIBUTIONS SECTION of this article. Such Contributions shall be allocated when made and credited to the
Participant’s Account.
Matching Contributions shall be allocated to the persons for whom such Contributions are made under the EMPLOYER
CONTRIBUTIONS SECTION of this article. Such Contributions shall be allocated when made and credited to the person’s Account.
The discretionary Qualified Nonelective Contributions to be used to reduce excess amounts, as described in the EMPLOYER
CONTRIBUTIONS SECTION of this article, shall be allocated as of the last day of the Plan Year only to Nonhighly Compensated
Employees who were Active Participants on the last day of the Plan Year. Such Contributions (or separate Contributions) shall be
allocated first to the eligible person under the Plan (or separate plan) with the lowest Annual Compensation for the Plan Year, then to
the eligible person under the Plan (or separate plan) with the next lowest Annual Compensation, and so forth, in each case subject to
the applicable limits of the CONTRIBUTION LIMITATION SECTION of this article. This amount shall be credited to the person’s
Account.
Discretionary Contributions shall be allocated as of the last day of the Plan Year using Annual Compensation for the Plan Year.
In years in which the Plan is a Top-heavy Plan, as defined in the DEFINITIONS SECTION of Article XI, and the minimum
contribution under the MODIFICATION OF CONTRIBUTIONS SECTION of Article XI is not being provided by other
contributions to this Plan or another plan of the Employer, the allocation shall be made to each person meeting the allocation
requirements of this section and each person entitled to a minimum contribution under the MODIFICATION OF CONTRIBUTIONS
SECTION of Article XI. In all other years, the allocation shall be made for each person meeting the allocation requirements of this
section. The amount allocated shall be equal to the Discretionary Contributions multiplied by the ratio of such person’s Annual
Compensation to the total Annual Compensation for all such persons. The allocation for any person who does not meet the allocation
requirements of this section shall be limited to the amount necessary to fund the minimum contribution.
RESTATEMENT DECEMBER 15, 2006 30 ARTICLE III (5-19047)