eTrade 2008 Annual Report Download - page 242

SECTION 10.04—PROVISIONS RELATING TO THE INSURER AND OTHER PARTIES.
The obligations of an Insurer shall be governed solely by the provisions of the Annuity Contract. The Insurer shall not be
required to perform any act not provided in or contrary to the provisions of the Annuity Contract. Each Annuity Contract when
purchased shall comply with the Plan. See the CONSTRUCTION SECTION of this article.
Any issuer or distributor of investment contracts or securities is governed solely by the terms of its policies, written investment
contract, prospectuses, security instruments, and any other written agreements entered into with the Trustee with regard to such
investment contracts or securities.
Such Insurer, issuer or distributor is not a party to the Plan, nor bound in any way by the Plan provisions. Such parties shall not
be required to look to the terms of this Plan, nor to determine whether the Employer, the Plan Administrator, the Trustee, or the
Named Fiduciary have the authority to act in any particular manner or to make any contract or agreement.
Until notice of any amendment or termination of this Plan or a change in Trustee has been received by the Insurer at its home
office or an issuer or distributor at their principal address, they are and shall be fully protected in assuming that the Plan has not been
amended or terminated and in dealing with any party acting as Trustee according to the latest information which they have received at
their home office or principal address.
SECTION 10.05—EMPLOYMENT STATUS.
Nothing contained in this Plan gives an Employee the right to be retained in the Employer’s employ or to interfere with the
Employer’s right to discharge any Employee.
SECTION 10.06—RIGHTS TO PLAN ASSETS.
An Employee shall not have any right to or interest in any assets of the Plan upon termination of employment or otherwise
except as specifically provided under this Plan, and then only to the extent of the benefits payable to such Employee according to the
Plan provisions.
Any final payment or distribution to a Participant or his legal representative or to any Beneficiaries of such Participant under the
Plan provisions shall be in full satisfaction of all claims against the Plan, the Named Fiduciary, the Plan Administrator, the Insurer,
the Trustee, and the Employer arising under or by virtue of the Plan.
SECTION 10.07—BENEFICIARY.
Each Participant may name a Beneficiary to receive any death benefit that may arise out of his participation in the Plan. The
Participant may change his Beneficiary from time to time. Unless a qualified election has been made, for purposes of distributing any
death benefits before the Participant’s Retirement Date, the Beneficiary of a Participant who has a spouse shall be the Participant’s
spouse. The Participant’s Beneficiary designation and any change of Beneficiary shall be subject to the provisions of the ELECTION
PROCEDURES SECTION of Article VI.
RESTATEMENT DECEMBER 15, 2006 75 ARTICLE X (5-19047)