eTrade 2008 Annual Report Download - page 227

ARTICLE VII
REQUIRED MINIMUM DISTRIBUTIONS
SECTION 7.01—APPLICATION.
The optional forms of distribution are only those provided in Article VI. An optional form of distribution shall not be permitted
unless it meets the requirements of this article. The timing of any distribution must meet the requirements of this article. Unless
otherwise specified, the provisions of this article apply to calendar years beginning after December 31, 2002.
SECTION 7.02—DEFINITIONS.
For purposes of this article, the following terms are defined:
Designated Beneficiary means the individual who is designated by the Participant (or the Participant’s surviving spouse) as the
Beneficiary of the Participant’s interest under the Plan and who is the designated beneficiary under Code Section 401(a)(9) and
section 1.401(a)(9)-4 of the regulations.
Distribution Calendar Year means a calendar year for which a minimum distribution is required. For distributions beginning
before the Participant’s death, the first Distribution Calendar Year is the calendar year immediately preceding the calendar year
that contains the Participant’s Required Beginning Date. For distributions beginning after the Participant’s death, the first
Distribution Calendar Year is the calendar year in which distributions are required to begin under (b)(2) of the REQUIRED
MINIMUM DISTRIBUTIONS SECTION of this article. The required minimum distribution for the Participant’s first
Distribution Calendar Year will be made on or before the Participant’s Required Beginning Date. The required minimum
distribution for other Distribution Calendar Years, including the required minimum distribution for the Distribution Calendar
Year in which the Participant’s Required Beginning Date occurs, will be made on or before December 31 of that Distribution
Calendar Year.
5-percent Owner means a Participant who is treated as a 5-percent Owner for purposes of this article. A Participant is treated as
a 5-percent Owner for purposes of this article if such Participant is a 5-percent owner as defined in Code Section 416 at any time
during the Plan Year ending with or within the calendar year in which such owner attains age 70
1
/
2
.
Once distributions have begun to a 5-percent Owner under this article, they must continue to be distributed, even if the
Participant ceases to be a 5-percent Owner in a subsequent year.
Life Expectancy means life expectancy as computed by use of the Single Life Table in Q&A-1 in section 1.401(a)(9)-9 of the
regulations.
Participant’s Account Balance means the Account balance as of the last Valuation Date in the calendar year immediately
preceding the Distribution Calendar Year (valuation calendar year) increased by the amount of any contributions made and
allocated or forfeitures allocated to the Account as of dates in the valuation calendar year after the Valuation Date and decreased
by distributions made in the valuation calendar year after the Valuation Date. The Account balance for the valuation calendar
year includes any amounts rolled over or transferred to the Plan either in the valuation calendar year or in the Distribution
Calendar Year if distributed or transferred in the valuation calendar year.
RESTATEMENT DECEMBER 15, 2006 60 ARTICLE VII (5-19047)