eTrade 2008 Annual Report Download - page 233

ARTICLE IX
ADMINISTRATION OF THE PLAN
SECTION 9.01—ADMINISTRATION.
Subject to the provisions of this article, the Plan Administrator has complete control of the administration of the Plan. The Plan
Administrator has all the powers necessary for it to properly carry out its administrative duties. Not in limitation, but in amplification
of the foregoing, the Plan Administrator has complete discretion to construe or interpret the provisions of the Plan, including
ambiguous provisions, if any, and to determine all questions that may arise under the Plan, including all questions relating to the
eligibility of Employees to participate in the Plan and the amount of benefit to which any Participant or Beneficiary may become
entitled. The Plan Administrator’s decisions upon all matters within the scope of its authority shall be final.
Unless otherwise set out in the Plan or Annuity Contract, the Plan Administrator may delegate recordkeeping and other duties
which are necessary to assist it with the administration of the Plan to any person or firm which agrees to accept such duties. The Plan
Administrator shall be entitled to rely upon all tables, valuations, certificates and reports furnished by the consultant or actuary
appointed by the Plan Administrator and upon all opinions given by any counsel selected or approved by the Plan Administrator.
The Plan Administrator shall receive all claims for benefits by Participants, former Participants and Beneficiaries. The Plan
Administrator shall determine all facts necessary to establish the right of any Claimant to benefits and the amount of those benefits
under the provisions of the Plan. The Plan Administrator may establish rules and procedures to be followed by Claimants in filing
claims for benefits, in furnishing and verifying proofs necessary to determine age, and in any other matters required to administer the
Plan.
SECTION 9.02—EXPENSES.
Expenses of the Plan, to the extent that the Employer does not pay such expenses, may be paid out of the assets of the Plan
provided that such payment is consistent with ERISA. Such expenses include, but are not limited to, expenses for bonding required by
ERISA; expenses for recordkeeping and other administrative services; fees and expenses of the Trustee or Annuity Contract;
expenses for investment education service; and direct costs that the Employer incurs with respect to the Plan. Expenses that relate
solely to a specific Participant or Alternate Payee may be assessed against such Participant or Alternate Payee as provided in the
service and expense agreement or such other documents duly entered into by or with regard to the Plan that govern such matters.
SECTION 9.03—RECORDS.
All acts and determinations of the Plan Administrator shall be duly recorded. All these records, together with other documents
necessary for the administration of the Plan, shall be preserved in the Plan Administrator’s custody.
Writing (handwriting, typing, printing), photostating, photographing, microfilming, magnetic impulse, mechanical or electrical
recording, or other forms of data compilation shall be acceptable means of keeping records.
RESTATEMENT DECEMBER 15, 2006 66 ARTICLE IX (5-19047)