eTrade 2008 Annual Report Download - page 172

INTRODUCTION
The Primary Employer previously established a 401(k) savings plan on January 1, 2003.
The Primary Employer is of the opinion that the plan should be changed. It believes that the best means to accomplish these
changes is to completely restate the plan’s terms, provisions and conditions. The restatement, effective December 15, 2006, is set
forth in this document and is substituted in lieu of the prior document with the exception of any good faith compliance amendment
and any model amendment. Such amendment(s) shall continue to apply to this restated plan until such provisions are integrated into
the plan or such amendment(s) are superseded by another amendment.
The restated plan continues to be for the exclusive benefit of employees of the Employer. All persons covered under the plan on
December 14, 2006, shall continue to be covered under the restated plan with no loss of benefits.
It is intended that the plan, as restated, shall qualify as a profit sharing plan under the Internal Revenue Code of 1986, including
any later amendments to the Code.
This plan includes changes made to reflect the statutory, regulatory, and guidance changes specified in the 2005 Cumulative List
of Changes in Plan Qualification Requirements (2005 Cumulative List) contained in Internal Revenue Service Notice 2005-101 and
the qualification requirements and guidance published before the issuance of such list. The provisions of this plan apply as of the
effective date of the restatement unless otherwise specified.
RESTATEMENT DECEMBER 15, 2006 5 INTRODUCTION (5-19047)