eTrade 2008 Annual Report Download - page 193

Matching Contributions are calculated based on Elective Deferral Contributions and Compensation for the pay period.
Matching Contributions are made for all persons who were Active Participants at any time during that pay period.
Matching Contributions will not be made on any Catch-up Contributions made to the Plan.
Matching Contributions are subject to the Vesting Percentage.
Qualified Nonelective Contributions are 100% vested and are distributable only in accordance with the distribution
provisions (other than for hardships) applicable to Elective Deferral Contributions.
Discretionary Contributions are subject to the Vesting Percentage.
No Participant shall be permitted to have Elective Deferral Contributions, as defined in the EXCESS AMOUNTS SECTION of
this article, made under this Plan, or any other plan, contract, or arrangement maintained by the Employer, during any calendar year,
in excess of the dollar limitation contained in Code Section 402(g) in effect for the Participant’s taxable year beginning in such
calendar year. The dollar limitation in the preceding sentence shall be increased by the dollar limit on Catch-up Contributions under
Code Section 414(v)(2)(B)(i) for the taxable year for any Participant who will be age 50 or older by the end of the taxable year.
The dollar limitation contained in Code Section 402(g) is $10,500 for taxable years beginning in 2000 and 2001, increasing to
$11,000 for taxable years beginning in 2002, and increasing by $1,000 for each year thereafter up to $15,000 for taxable years
beginning in 2006 and later years. After 2006, the $15,000 limit will be adjusted by the Secretary of the Treasury for cost-of-living
increases under Code Section 402(g)(4). Any such adjustments will be in multiples of $500.
Catch-up Contributions for a Participant for a taxable year may not exceed the dollar limit on Catch-up Contributions under
Code Section 414(v)(2)(B)(i) for the taxable year. The dollar limit on Catch-up Contributions under Code Section 414(v)(2)(B)(i) is
$1,000 for taxable years beginning in 2002, increasing by $1,000 for each year thereafter up to $5,000 for taxable years beginning in
2006 and later years. After 2006, the $5,000 limit will be adjusted by the Secretary of the Treasury for cost-of-living increases under
Code Section 414(v)(2)(C). Any such adjustments will be in multiples of $500.
(b) The Employer shall make Matching Contributions in an amount equal to 50% of Elective Deferral Contributions. Elective
Deferral Contributions that are over 5% of Compensation won’t be matched.
(c) Qualified Nonelective Contributions may be made for each Plan Year in an amount determined by the Employer to be used
to reduce Excess Aggregate Contributions and Excess Contributions, as defined in the EXCESS AMOUNTS SECTION of
this article. If the Plan is treated as separate plans because it is mandatorily disaggregated under the regulations of Code
Section 401(k), a separate Qualified Nonelective Contribution may be determined for each separate plan.
(d) Discretionary Contributions may be made for each Plan Year in an amount determined by the Employer.
RESTATEMENT DECEMBER 15, 2006 26 ARTICLE III (5-19047)