eTrade 2008 Annual Report Download - page 185

Part Time Employee means an Employee who is normally expected to work less than 1000 hours during a Plan Year.
Participant means either an Active Participant or an Inactive Participant.
Period of Military Duty means, for an Employee
the period of time from the date the Employee was first absent from active work for the Employer because of such military duty
to the date the Employee was reemployed.
Period of Service means a period of time beginning on an Employee’s Employment Commencement Date or Reemployment
Commencement Date (whichever applies) and ending on his Severance Date.
Period of Severance means a period of time beginning on an Employee’s Severance Date and ending on the date he again
performs an Hour of Service.
A one-year Period of Severance means a Period of Severance of 12 consecutive months.
Solely for purposes of determining whether a one-year Period of Severance has occurred for eligibility or vesting purposes, the
consecutive 12-month period beginning on the first anniversary of the first date of a Parental Absence shall not be a one-year
Period of Severance.
Plan means the 401(k) savings plan of the Employer set forth in this document, including any later amendments to it.
Plan Administrator means the person or persons who administer the Plan.
The Plan Administrator is the Employer.
Plan Fund means the total of the Investment Fund and the guaranteed benefit policy portion of any Annuity Contract. The
Investment Fund shall be valued as stated in its definition. The guaranteed benefit policy portion of any Annuity Contract shall
be determined in accordance with the terms of the Annuity Contract and, to the extent that such Annuity Contract allocates
contract values to Participants, allocated to Participants in accordance with its terms. The total value of all amounts held under
the Plan Fund shall equal the value of the aggregate Participants’ Accounts under the Plan.
Plan Year means a period beginning on a Yearly Date and ending on the day before the next Yearly Date.
(d) for purposes of caring for such child for a period beginning immediately following such birth or placement.
(a) who served as a member of the armed forces of the United States, and
(b) who was reemployed by the Employer at a time when the Employee had a right to reemployment in accordance with
seniority rights as protected under Chapter 43 of Title 38 of the U.S. Code,
RESTATEMENT DECEMBER 15, 2006
18 ARTICLE I (5-19047)