eTrade 2009 Annual Report Download - page 215

Any election in accordance with this Section shall be irrevocable on the date it is filed with the Committee unless
subsequently changed pursuant to this Section.
8
during this six-month period shall be accumulated and paid, together with earnings that have accrued during this six-month
delay, during the seventh month following the date of the Participant’s Separation from Service, or, if earlier, the date of
the Participan
t
’s death.
(d) Subsequent Changes in Manner of Payment. A Participant may elect to change the Payment Date, the Payment Option
or the Fixed Distribution Date or any combination thereof by filing a new Election Form with the Committee provided that:
(i) the Participant elects at least twelve (12) months prior to the date on which payment is otherwise scheduled to
commence; (ii) the new election does not take effect for at least twelve (12) months; and (iii) with respect to changes
applicable to distributions on a Fixed Distribution Date or upon Separation from Service, the payment that is the subject of
the election must be deferred for a period of at least five years from the date the payment would otherwise have been paid,
or in the case of installment payments, five years from the date the installments were scheduled to commence. For purposes
of this Section, distributions are considered to commence on the Payment Date.
(e) Death Prior to Complete Distribution. If a Participant dies after the commencement of payment of Participant’s Deferral
Account but before the Deferral Account is paid in full, the unpaid remaining balance in Participant’s Deferral Account
shall be paid to the Participant’s Beneficiary in a lump sum during the year in which the Participant died, or if later, to the
extent permitted by Code section 409A, on or before the 15 day of the third calendar month following the Participant’s
death.
4.3 Permitted Accelerations of Pa
y
ment.
(a) Distribution in the Event of Taxation. If, for any reason, all or any portion of a Participant’s Deferral Account becomes
taxable to the Participant because of a violation of Code section 409A prior to receipt, a Participant may file a written
request with the Committee before a Change in Control, or the trustee of the Trust after a Change in Control, for a
distribution of that portion of his Deferral Account that has become taxable. Upon the grant of such a request, which grant
shall not be unreasonably withheld (and, after a Change in Control, shall be granted), the Participant shall receive a
distribution equal to the taxable portion of his Deferral Account (which amount shall not exceed the unpaid balance in
Participant’s Deferral Account). If the request is granted, the tax liability distribution shall be paid between the date on
which the Participant’s request is approved and the end of the Plan Year during which the approval occurred, or, if later, to
the extent permitted by Code section 409A, the 15 day of the third calendar month following the date on which the
Participant’s
th
th