eTrade 2008 Annual Report Download - page 182

The crediting of Hours of Service above shall be applied under the rules of paragraphs (b) and (c) of the Department of Labor
Regulation 2530.200b-2 (including any interpretations or opinions implementing such rules); which rules, by this reference, are
specifically incorporated in full within this Plan. The reference to paragraph (b) applies to the special rule for determining hours
of service for reasons other than the performance of duties such as payments calculated (or not calculated) on the basis of units
of time and the rule against double credit. The reference to paragraph (c) applies to the crediting of hours of service to
computation periods.
Hours of Service shall be credited for employment with any other employer required to be aggregated with the Employer under
Code Sections 414(b), (c), (m), or (o) and the regulations thereunder for purposes of eligibility and vesting. Hours of Service
shall also be credited for any individual who is considered an employee for purposes of this Plan pursuant to Code Section 414
(n) or (o) and the regulations thereunder.
Solely for purposes of determining whether a one-year break in service has occurred for eligibility or vesting purposes, during a
Parental Absence an Employee shall be credited with the Hours of Service which would otherwise have been credited to the
Employee but for such absence, or in any case in which such hours cannot be determined, eight Hours of Service per day of such
absence. The Hours of Service credited under this paragraph shall be credited in the computation period in which the absence
begins if the crediting is necessary to prevent a break in service in that period; or in all other cases, in the following computation
period.
Inactive Participant means a former Active Participant who has an Account. See the INACTIVE PARTICIPANT SECTION of
Article II.
Insurer means Principal Life Insurance Company or the insurance company or companies named by (i) the Primary Employer
or (ii) the Trustee in its discretion or as directed under the Trust Agreement.
Investment Fund means the total of Plan assets, excluding the guaranteed benefit policy portion of any Annuity Contract. All
or a portion of these assets may be held under, or invested pursuant to, the terms of a Trust Agreement.
The Investment Fund shall be valued at current fair market value as of the Valuation Date. The valuation shall take into
consideration investment earnings credited, expenses charged, payments made, and changes in the values of the assets held in
the Investment Fund.
The Investment Fund shall be allocated at all times to Participants, except as otherwise expressly provided in the Plan. The
Account of a Participant shall be credited with its share of the gains and losses of the Investment Fund. That part of a
Participant’s Account invested in a funding arrangement that establishes one or more accounts or investment vehicles for such
Participant thereunder shall be credited with the gain or loss from such accounts or investment vehicles. The part of a
Participant’s
(c) Each hour for which back pay, irrespective of mitigation of damages, is either awarded or agreed to by the Employer. The
same Hours of Service shall not be credited both under subparagraph (a) or subparagraph (b) above (as the case may be)
and under this subparagraph (c). Crediting of Hours of Service for back pay awarded or agreed to with respect to periods
described in subparagraph (b) above will be subject to the limitations set forth in that subparagraph.
RESTATEMENT DECEMBER 15, 2006
15 ARTICLE I (5-19047)