eTrade 2008 Annual Report Download - page 195

Participant Rollover Contributions from Other Plans. The Plan will accept a Participant contribution of an Eligible
Rollover Distribution from (i) a qualified plan described in Code Section 401(a) or 403(a), including distributions of a
designated Roth account only to the extent such amount would otherwise be includible in a Participant’s gross income;
(ii) an annuity contract described in Code Section 403(b), excluding any distribution of a designated Roth account; and
(iii) an eligible plan under Code Section 457(b) which is maintained by a state, political subdivision of a state, or any
agency or instrumentality of a state or political subdivision of a state.
Participant Rollover Contributions from IRAs. The Plan will accept a Participant Rollover Contribution of the portion of a
distribution from an individual retirement account or individual retirement annuity described in Code Section 408(a) or
(b) that is eligible to be rolled over and would otherwise be includible in the Participant’s gross income.
A Rollover Contribution shall be allowed cash or in kind and must be made according to procedures set up by the Plan
Administrator. The in kind distribution must be of an allowable security under the Self-Directed Brokerage Account.
If the Eligible Employee is not an Active Participant when the Rollover Contribution is made, he shall be deemed to be an
Active Participant only for the purpose of investment and distribution of the Rollover Contribution. Employer Contributions shall not
be made for or allocated to the Eligible Employee until the time he meets all of the requirements to become an Active Participant.
Rollover Contributions made by an Eligible Employee or an Inactive Participant shall be credited to his Account. The part of the
Participant’s Account resulting from Rollover Contributions is 100% vested and nonforfeitable at all times. A separate accounting
record shall be maintained for that part of his Rollover Contributions consisting of voluntary contributions which were deducted from
the Participant’s gross income for Federal income tax purposes.
(b) The Contribution is of amounts that the Code permits to be transferred to a plan that meets the requirements of Code
Section 401(a).
(c) The Contribution is made in the form of a direct rollover under Code Section 401(a)(31) or is a rollover made under Code
Section 402(c) or 408(d)(3)(A) within 60 days after the Eligible Employee or Inactive Participant receives the distribution.
(d) The Eligible Employee or Inactive Participant furnishes evidence satisfactory to the Plan Administrator that the proposed
rollover meets conditions (a), (b), and (c) above.
(e) In the case of an Inactive Participant, the Contribution must be of an amount distributed from another plan of the
Employer, or a plan of a Controlled Group member, that satisfies the requirements of Code Section 401(a).
RESTATEMENT DECEMBER 15, 2006 28 ARTICLE III (5-19047)