eTrade 2008 Annual Report Download - page 202

(5) If a suspense account is in existence at any time during a Limitation Year pursuant to this (e), it will participate in
the allocation of investment gains or losses. If a suspense account is in existence at any time during a particular
Limitation Year, all amounts in the suspense account must be allocated and reallocated to Participant’s Accounts
before any Employer Contributions may be made to the Plan for that Limitation Year. Excess Amounts held in a
suspense account may not be distributed to Participants or former Participants.
(f) This (f) applies if, in addition to this Plan, the Participant is covered under another qualified defined contribution plan
maintained by the Employer, a welfare benefit fund maintained by the Employer, an individual medical account
maintained by the Employer, or a simplified employee pension maintained by the Employer which provides an Annual
Addition during any Limitation Year. The Annual Additions which may be credited to a Participant’s Account under this
Plan for any such Limitation Year will not exceed the Maximum Annual Addition, reduced by the Annual Additions
credited to a Participant’s account under the other qualified defined contribution plans, welfare benefit funds, individual
medical accounts, and simplified employee pensions for the same Limitation Year. If the Annual Additions with respect to
the Participant under other qualified defined contribution plans, welfare benefit funds, individual medical accounts, and
simplified employee pensions maintained by the Employer are less than the Maximum Annual Addition, and the Employer
Contribution that would otherwise be contributed or allocated to the Participant’s Account under this Plan would cause the
Annual Additions for the Limitation Year to exceed this limitation, the amount contributed or allocated will be reduced so
that the Annual Additions under all such plans and funds for the Limitation Year will equal the Maximum Annual
Addition. If the Annual Additions with respect to the Participant under such other qualified defined contribution plans,
welfare benefit funds, individual medical accounts, and simplified employee pensions in the aggregate are equal to or
greater than the Maximum Annual Addition, no amount will be contributed or allocated to the Participant’s Account under
this Plan for the Limitation Year.
(g) Prior to determining the Participant’s actual Compensation for the Limitation Year, the Employer may determine the
Maximum Annual Addition for a Participant in the manner described in (c) above.
(h) As soon as is administratively feasible after the end of the Limitation Year, the Maximum Annual Addition for the
Limitation Year will be determined on the basis of the Participan
t
’s actual Compensation for the Limitation Year.
(i) If pursuant to (h) above or as a result of the allocation of forfeitures or as a result of a reasonable error in determining the
amount of elective deferrals (within the meaning of Code Section 402(g)(3)) that may be made with respect to any
individual under the limits of Code Section 415, a Participant’s Annual Additions under this Plan and such other plans
would result in an Excess Amount for a Limitation Year, the Excess Amount will be deemed to consist of the Annual
Additions last allocated, except that Annual Additions attributable to a simplified employee pension will be deemed to
have been allocated first, followed by Annual Additions to a welfare benefit fund or individual medical account, regardless
of the actual allocation date.
RESTATEMENT DECEMBER 15, 2006
35 ARTICLE III (5-19047)