eTrade 2008 Annual Report Download - page 232

ARTICLE VIII
TERMINATION OF THE PLAN
The Employer expects to continue the Plan indefinitely but reserves the right to terminate the Plan in whole or in part at any
time upon giving written notice to all parties concerned. Complete discontinuance of Contributions constitutes complete termination
of the Plan.
The Account of each Participant shall be 100% vested and nonforfeitable as of the effective date of complete termination of the
Plan. The Account of each Participant who is included in the group of Participants deemed to be affected by the partial termination of
the Plan shall be 100% vested and nonforfeitable as of the effective date of the partial termination of the Plan. The Participant’s
Vested Account shall continue to participate in the earnings credited, expenses charged, and any appreciation or depreciation of the
Investment Fund until his Vested Account is distributed.
A Participant’s Vested Account that does not result from the Contributions listed below may be distributed to the Participant
after the effective date of the complete termination of the Plan:
Elective Deferral Contributions
Qualified Nonelective Contributions
A Participant’s Vested Account resulting from such Contributions may be distributed upon complete termination of the Plan, but only
if neither the Employer nor any Controlled Group member maintain another defined contribution plan (other than an employee stock
ownership plan as defined in Code Section 4975(e)(7) or 409(a), a simplified employee pension plan as defined in Code Section 408
(k), a SIMPLE IRA plan as defined in Code Section 408(p), a plan or contract that satisfies the requirements of Code Section 403(b),
or a plan described in Code Section 457(b) or (f)) at any time during the period beginning on the date of complete termination of the
Plan and ending 12 months after all assets have been distributed from the Plan. Such distribution is made in a lump sum. A
distribution under this article shall be a retirement benefit and shall be distributed to the Participant according to the provisions of
Article VI.
The Participant’s entire Vested Account shall be paid in a single sum to the Participant as of the effective date of complete
termination of the Plan if (i) the requirements for distribution of Elective Deferral Contributions in the above paragraph are met and
(ii) consent of the Participant is not required in the ELECTION PROCEDURES SECTION of Article VI to distribute a benefit that is
immediately distributable. This is a small amounts payment. The small amounts payment is in full settlement of all benefits otherwise
payable.
Upon complete termination of the Plan, no more Employees shall become Participants and no more Contributions shall be made.
The assets of this Plan shall not be paid to the Employer at any time, except that, after the satisfaction of all liabilities under the
Plan, any assets remaining may be paid to the Employer. The payment may not be made if it would contravene any provision of law.
RESTATEMENT DECEMBER 15, 2006 65 ARTICLE VIII (5-19047)