eTrade 2008 Annual Report Download - page 180

as set out in Article III and contributions made by the Employer to fund this Plan in accordance with the provisions of the
MODIFICATION OF CONTRIBUTIONS SECTION of Article XI, unless the context clearly indicates only specific
contributions are meant.
Employment Commencement Date means the date an Employee first performs an Hour of Service.
Entry Date means the date an Employee first enters the Plan as an Active Participant. See the ACTIVE PARTICIPANT
SECTION of Article II.
ERISA means the Employee Retirement Income Security Act of 1974, as amended.
Fiscal Year means the Primary Employer’s taxable year. The last day of the Fiscal Year is December 31.
Forfeiture means the part, if any, of a Participant’s Account that is forfeited. See the FORFEITURES SECTION of Article III.
Forfeiture Date means, as to a Participant, the last day of five consecutive one-year Periods of Severance.
Highly Compensated Employee means any Employee who:
For this purpose the applicable year of the plan for which a determination is being made is called a determination year and the
preceding 12-month period is called a look-back year. If the Employer makes a calendar year data election, the look-back year
shall be the calendar year beginning with or within the look-back year. The Plan may not use such election to determine whether
Employees are Highly Compensated Employees on account of being a 5-percent owner.
In determining who is a Highly Compensated Employee, the Employer makes a top-paid group election. The effect of this
election is that an Employee (who is not a 5-percent owner at any time during the determination year or the look-back year) with
compensation in excess of $80,000 (as adjusted) for the look-back year is a Highly Compensated Employee only if the
Employee was in the top-paid group for the look-back year. In determining who is a Highly Compensated Employee, the
Employer does not make a calendar year data election.
Calendar year data elections and top-paid group elections, once made, apply for all subsequent years unless changed by the
Employer. If the Employer makes one election, the Employer is not required to make the other. If both elections are made, the
look-back year in determining the top-paid group must be the calendar year beginning with or within the look-back year. These
elections must apply consistently to the determination years of all plans maintained by the Employer which reference the
(a) was a 5-percent owner at any time during the year or the preceding year, or
(b) for the preceding year had compensation from the Employer in excess of $80,000 and, if the Employer so elects, was in the
top-paid group for the preceding year. The $80,000 amount is adjusted at the same time and in the same manner as under
Code Section 415(d), except that the base period is the calendar quarter ending September 30, 1996.
RESTATEMENT DECEMBER 15, 2006
13 ARTICLE I (5-19047)