eTrade 2009 Annual Report Download - page 228

21
(d) disabled pursuant to an Employer-sponsored disability insurance arrangement provided that the definition of disability
applied under such disability insurance program complies with the foregoing definition of Disability.
11.16“Distribution Event” shall mean the earliest of the (i) Participant’s Separation from Service; (ii) Participant’s Disability;
(iii) Committee’s determination regarding the occurrence of an Unforeseeable Emergency; (iv) Participant’s death; or (v) if
elected by the Participant at the time of the deferral election, the Fixed Distribution Date.
11.17“Election Form” shall mean the form established from time-to-time by the Committee that a Participant completes, signs and
returns to the Committee.
11.18“Employee” shall mean a person who is a common law employee of any Related Company.
11.19“Employer(s)” shall mean the Company and any Related Company (now in existence or hereafter formed or acquired) that have
been selected by the Board to participate in the Plan and have adopted the Plan as a sponsor.
11.20“ERISA” shall mean the Employee Retirement Income Security Act of 1974, as it may be amended from time-to-time.
11.21“Fixed Distribution Date” shall mean the Participant’s election to receive payment of an Annual Deferral Amount on a Payment
Date that is at least two years after the end of the Plan Year during which the compensation would have been paid to the
Participant but for the Participant’s deferral election.
11.22“Measurement Funds” shall have the meaning set forth in Section 3.3(a).
11.23“Participant” shall mean any Employee (i) who is selected to participate in the Plan, (ii) who elects to participate in the Plan,
(iii) who completes an Election Form and a Beneficiary Designation Form, (iv) whose completed Election Form and
Beneficiary Designation Form are accepted by the Committee, and (v) who commences participation in the Plan. A spouse or
former spouse of a Participant shall not be treated as a Participant in the Plan or have a Deferral Account under the Plan, even if
he or she has an interest in the Participant’s Deferral Account as a result of applicable law or property settlements resulting from
legal separation or divorce.
11.24“Payment Date” shall mean the January 1 following the Distribution Event or 60 days after the date the Committee approves
payment in the event of an Unforeseeable Emergency.
11.25“Payment Option” shall mean,
(a) with respect to a Separation from Service prior to attaining age fifty-five (55) and five (5) Years of Service, either a single
lump sum payment or three (3) substantially equal annual installments and,