eTrade 2008 Annual Report Download - page 200

Defined Contribution Dollar Limitation means $40,000, as adjusted for cost-of living increases under Code Section 415
(d).
Employer means the employer that adopts this Plan, and all members of a controlled group of corporations (as defined in
Code Section 414(b) as modified by Code Section 415(h)), all commonly controlled trades or businesses (as defined in
Code Section 414(c) as modified by Code Section 415(h)) or affiliated service groups (as defined in Code Section 414(m))
of which the adopting employer is a part, and any other entity required to be aggregated with the employer pursuant to
regulations under Code Section 414(o).
Excess Amount means the excess of the Participant’s Annual Additions for the Limitation Year over the Maximum
Annual Addition.
Limitation Year means the consecutive 12-month period ending on each December 31. If the Limitation Year is other
than the calendar year, execution of this Plan (or any amendment to this Plan changing the Limitation Year) constitutes the
Employer’s adoption of a written resolution electing the Limitation Year. If the Limitation Year is amended to a different
consecutive 12-month period, the new Limitation Year must begin on a date within the Limitation Year in which the
amendment is made.
Maximum Annual Addition means, for Limitation Years beginning on or after January 1, 2002, except for catch-up
contributions described in Code Section 414(v), the Annual Addition that may be contributed or allocated to a Participant’s
Account under the Plan for any Limitation Year. This amount shall not exceed the lesser of:
The compensation limitation referred to in (2) shall not apply to any contribution for medical benefits (within the meaning
of Code Section 401(h) or 419A(f)(2)) after separation from service that is otherwise treated as an Annual Addition.
If a short Limitation Year is created because of an amendment changing the Limitation Year to a different consecutive 12-
month period, the Maximum Annual Addition will not exceed the Defined Contribution Dollar Limitation multiplied by
the following fraction:
Number of months (including any fractional parts of a month)
in the short Limitation Year
12
(1) The Defined Contribution Dollar Limitation, or
(2) 100 percent of the Participan
t
’s Compensation for the Limitation Year.
(b) If the Participant does not participate in, and has never participated in, another qualified plan maintained by the Employer
or a welfare benefit fund, as defined in Code Section 419(e), maintained by the Employer, or an individual medical
account, as defined in Code Section 415(l)(2), maintained by the Employer, or a simplified employee pension, as defined
in Code Section 408(k), maintained by the Employer, which provides an Annual Addition, the amount of Annual Additions
which may be credited to the Participant’s Account for any Limitation Year shall not exceed the lesser of the Maximum
Annual Addition or any other limitation contained in this
RESTATEMENT DECEMBER 15, 2006 33 ARTICLE III (5-19047)