eTrade 2009 Annual Report Download - page 222

15
highly compensated employee” within the meaning of ERISA sections 201(2), 301(a)(3) and 401(a)(1). The Plan shall be
administered and interpreted to the extent possible in a manner consistent with that intent.
10.2 Unsecured General Creditor. Participants and their Beneficiaries, heirs, successors and assigns shall have no legal or equitable
rights, interests or claims in any property or assets of an Employer. Any and all of an Employer’s assets shall be, and remain, the
general, unpledged unrestricted assets of the Employer. An Employer’s obligation under the Plan shall be merely that of an
unfunded and unsecured promise to pay money in the future.
10.3 Employer’s Liability. An Employer’s liability for the distribution of a Participant’s Deferral Account shall be defined only by
the Plan. An Employer shall have no obligation to a Participant except as expressly provided in the Plan.
10.4 Nonassignability. Neither a Participant nor any other person shall have any right to commute, sell, assign, transfer, pledge,
anticipate, mortgage or otherwise encumber, transfer, hypothecate, alienate or convey in advance of actual receipt, the amounts,
if any, payable hereunder, or any part thereof, which are, and all rights to which are expressly declared to be, unassignable and
non-transferable. No part of the amounts payable shall, prior to actual payment, be subject to seizure, attachment, garnishment
or sequestration for the payment of any debts, judgments, alimony or separate maintenance owed by a Participant or any other
person, be transferable by operation of law in the event of a Participant’s or any other person’s bankruptcy or insolvency or be
transferable to a spouse as a result of a property settlement or otherwise, except as provided in Section 4.3(b).
10.5 Not a Contract of Employment. The terms and conditions of this Plan shall not be deemed to constitute a contract of
employment between any Related Company and the Participant. Such employment is hereby acknowledged to be an “at will”
employment relationship that can be terminated at any time for any reason, or no reason, with or without cause, and with or
without notice, unless expressly provided in a written employment agreement. Nothing in this Plan shall be deemed to give a
Participant the right to be retained in the service of any Related Company as an Employee or to interfere with the right of any
Related Company to discipline or discharge the Participant at any time.
10.6 Coordination with Other Benefits. The Plan benefits provided for a Participant and Participant’s Beneficiary are in addition to
any other benefits available to such Participant under any other plan or program for employees of the Participant’s Employer.
The Plan shall supplement and shall not supersede, modify or amend any other such plan or program except as may otherwise be
expressly provided.
10.7 Furnishing Information. A Participant or his Beneficiary will cooperate with the Committee by furnishing any and all
information requested by the Committee and take such other actions as may be requested in order to facilitate the administration
of the Plan and the distributions hereunder, including but not limited to taking such physical examinations as the Committee
may deem necessary.