eTrade 2009 Annual Report Download - page 221

ARTICLE 9
Trust
ARTICLE 10
Miscellaneous
14
(a) Specific reasons for the decision;
(b) Specific reference(s) to the pertinent Plan provisions upon which the decision was based; and
(c) Such other matters as the Committee deems relevant.
8.5 Legal Action. A Claimant’s compliance with the foregoing provisions of this Article is a mandatory prerequisite to a Claimant’s
right to commence any legal action with respect to any claim relating to this Plan.
9.1 Establishment of the Trust. The Company shall establish the Trust, and each Employer shall at least annually transfer over to
the Trust such assets as the Employer determines, in its sole discretion, are necessary to provide, on a present value basis, for its
respective future liabilities created with respect to the Annual Deferral Amounts for such Employer’s Participants for all periods
prior to the transfer, as well as any debits and credits to the Participants’ Deferral Accounts for all periods prior to the transfer,
taking into consideration the value of the assets in the trust at the time of the transfer.
9.2 Interrelationship of the Plan and the Trust. The provisions of the Plan shall govern the rights of a Participant to receive
distributions pursuant to the Plan. The provisions of the Trust shall govern the rights of the Employers, Participants and the
creditors of the Employers to the assets transferred to the Trust. Each Employer shall at all times remain liable to carry out its
obligations under the Plan.
9.3 Investment of Trust Assets. The trustee of the Trust shall be authorized, upon written instructions received from the
Committee, or investment manager appointed by the Committee, to invest and reinvest the assets of the Trust in accordance with
the applicable Trust Agreement, including the disposition of stock and reinvestment of the proceeds in one or more investment
vehicles designated by the Committee.
9.4 Distributions from the Trust. Each Employer’s obligations pursuant to the Plan may be satisfied with Trust assets distributed
pursuant to the terms of the Trust, and any such distribution shall reduce the Employer’s obligations under this Plan.
10.1 Status of Plan. The Plan is intended to be a plan that is not qualified within the meaning of Code section 401(a) and that “is
unfunded and is maintained by an employer primarily for the purpose of providing deferred compensation for a select group of
management or