eTrade 2009 Annual Report Download - page 217

ARTICLE 5
Beneficiary Designation
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(c) If the payment would violate Federal securities or other applicable laws; and
(d) If calculation of the payment is not administratively practicable due to events beyond the control of the Participant.
4.5 Suspension Not Allowed. If a Participant whose distributions have commenced becomes eligible to defer compensation as a
Participant in any plan subject to Code section 409A maintained by a Related Company, distribution of the Participant’s
Deferral Account may not be suspended.
4.6 Tax Withholding. The Participant’s Employer(s), or the trustee of the Trust, shall withhold from any payments to a Participant
under this Plan all federal, state and local income, employment and other taxes required to be withheld by the Employer(s), or
the trustee of the Trust, in connection with such payments, in amounts and in a manner to be determined in the sole discretion of
the Employer(s) and the trustee of the Trust.
5.1 Beneficiary. Each Participant shall have the right, at any time, to designate his Beneficiary(ies) (both primary as well as
contingent) to receive any distributions payable pursuant to the Plan to a beneficiary upon the death of a Participant. The
Beneficiary designated under this Plan may be the same as, or different from, the Beneficiary designation under any other plan
of an Employer in which the Participant participates.
5.2 Beneficiary Designation; Change; Spousal Consent. A Participant shall designate his Beneficiary by completing and signing
the Beneficiary Designation Form, and returning it to the Committee or its designated agent. A Participant shall have the right to
change a Beneficiary by completing, signing and otherwise complying with the terms of the Beneficiary Designation Form and
the Committee’s rules and procedures, as in effect from time-to-time. If the Participant names someone other than his spouse as
a Beneficiary, a spousal consent, in the form designated by the Committee, must be signed by that Participant’s spouse and
returned to the Committee. Upon the acceptance by the Committee of a new Beneficiary Designation Form, all Beneficiary
designations previously filed shall be canceled. The Committee shall be entitled to rely on the last Beneficiary Designation Form
filed by the Participant and accepted by the Committee prior to his death.
5.3 Acknowledgment. No designation or change in designation of a Beneficiary shall be effective until received and acknowledged
in writing by the Committee or its designated agent.
5.4 No Beneficiary Designation. If a Participant fails to designate a Beneficiary or, if all designated Beneficiaries predecease the
Participant or die prior to complete distribution of the Participant’s Deferral Account, then the Participant’s designated
Beneficiary shall be deemed to be his surviving spouse. If the Participant has no surviving spouse, the