eTrade 2008 Annual Report Download - page 205

Eligible Participant means, for purposes of determining the Deferral Percentage, any Employee who is otherwise entitled
to make Elective Deferral Contributions under the terms of the plan for the plan year. Eligible Participant means, for
purposes of determining the Contribution Percentage, any Employee who is eligible (i) to make a Participant Contribution
or an Elective Deferral Contribution (if the Employer takes such contributions into account in the calculation of the
Contribution Percentage), or (ii) to receive a Matching Contribution (including forfeitures) or a Qualified Matching
Contribution. If a Participant Contribution is required as a condition of participation in the plan, any Employee who would
be a participant in the plan if such Employee made such a contribution shall be treated as an Eligible Participant on behalf
of whom no Participant Contributions are made.
Excess Aggregate Contributions means, with respect to any Plan Year, the excess of:
Such determination shall be made after first determining Excess Elective Deferrals and then determining Excess
Contributions.
Excess Contributions means, with respect to any Plan Year, the excess of:
Such determination shall be made after first determining Excess Elective Deferrals.
Excess Elective Deferrals means those Elective Deferral Contributions of a Participant that either (i) are made during the
Participant’s taxable year and exceed the dollar limitation under Code Section 402(g) or (ii) are made during a calendar
year and exceed the dollar limitation under Code Section 402(g) for the Participant’s taxable year beginning in such
calendar year, counting only Elective Deferral Contributions made under this Plan and any other plan, contract, or
arrangement maintained by the Employer. The dollar limitation shall be increased by the dollar limit on Catch-up
Contributions under Code Section 414(v), if applicable.
Excess Elective Deferrals shall be treated as Annual Additions, as defined in the CONTRIBUTION LIMITATION
SECTION of this article, under the Plan, unless such amounts are distributed no later than the first April 15 following the
close of the Participant’s taxable year.
(1) The aggregate Contribution Percentage Amounts taken into account in computing the numerator of the Contribution
Percentage actually made on behalf of Highly Compensated Employees for such Plan Year, over
(2) The maximum Contribution Percentage Amounts permitted by the ACP Test (determined by hypothetically
reducing contributions made on behalf of Highly Compensated Employees in order of their Contribution
Percentages beginning with the highest of such percentages).
(1) The aggregate amount of employer contributions actually taken into account in computing the Deferral Percentage
of Highly Compensated Employees for such Plan Year, over
(2) The maximum amount of such contributions permitted by the ADP Test (determined by hypothetically reducing
contributions made on behalf of Highly Compensated Employees in the order of the Deferral Percentages, beginning
with the highest of such percentages).
RESTATEMENT DECEMBER 15, 2006 38 ARTICLE III (5-19047)