eTrade 2008 Annual Report Download - page 228

Required Beginning Date means, for a Participant who is a 5-percent Owner, April 1 of the calendar year following the
calendar year in which he attains age 70
1
/ 2 .
Required Beginning Date means, for any Participant who is not a 5-percent Owner, April 1 of the calendar year following the
later of the calendar year in which he attains age 70
1
/ 2 or the calendar year in which he retires.
The preretirement age 70
1
/ 2 distribution option is only eliminated with respect to Participants who reach age 70
1
/ 2 in or after a
calendar year that begins after the later of December 31, 1998, or the adoption date of the amendment which eliminated such
option. The preretirement age 70
1
/ 2 distribution option is an optional form of benefit under which benefits payable in a
particular distribution form (including any modifications that may be elected after benefits begin) begin at a time during the
period that begins on or after January 1 of the calendar year in which the Participant attains age 70
1
/ 2 and ends April 1 of the
immediately following calendar year.
The options available for Participants who are not 5-percent Owners and attained age 70
1
/ 2 in calendar years before the calendar
year that begins after the later of December 31, 1998, or the adoption date of the amendment which eliminated the preretirement
age 70
1
/ 2 distribution option shall be the following. Any such Participant attaining age 70
1
/ 2 in years after 1995 may elect by
April 1 of the calendar year following the calendar year in which he attained age 70
1
/ 2 (or by December 31, 1997 in the case of a
Participant attaining age 70
1
/
2
in 1996) to defer distributions until April 1 of the calendar year following the calendar year in
which he retires. Any such Participant attaining age 70
1
/ 2 in years prior to 1997 may elect to stop distributions that are not
purchased annuities and recommence by April 1 of the calendar year following the calendar year in which he retires. There shall
be a new Annuity Starting Date upon recommencement.
SECTION 7.03—REQUIRED MINIMUM DISTRIBUTIONS.
(a) General Rules.
(1) The requirements of this article shall apply to any distribution of a Participant’s interest and will take precedence
over any inconsistent provisions of this Plan.
(2) All distributions required under this article shall be determined and made in accordance with the regulations under
Code Section 401(a)(9) and the minimum distribution incidental benefit requirement of Code Section 401(a)(9)(G).
(b) Time and Manner of Distribution.
(1) Required Beginning Date. The Participant’s entire interest will be distributed, or begin to be distributed, to the
Participant no later than the Participant’s Required Beginning Date.
RESTATEMENT DECEMBER 15, 2006 61 ARTICLE VII (5-19047)