eTrade 2008 Annual Report Download - page 198

In years in which the Plan is a Top-heavy Plan, the minimum contribution under the MODIFICATION OF CONTRIBUTIONS
SECTION of Article XI is not being provided by other contributions to this Plan or another plan of the Employer, and the allocation
described above (or any subsequent allocation described below) would provide an allocation for any person less than the minimum
contribution required for such person in the MODIFICATION OF CONTRIBUTIONS SECTION of Article XI, such minimum
contribution shall first be allocated to all such persons. Then any amount remaining shall be allocated to the remaining persons
sharing in the allocation based on Annual Compensation as described above, as if they were the only persons sharing in the allocation
for the Plan Year.
This amount shall be credited to the person’s Account.
If Leased Employees are Eligible Employees, in determining the amount of Employer Contributions allocated to a person who is
a Leased Employee, contributions provided by the leasing organization that are attributable to services such Leased Employee
performs for the Employer shall be treated as provided by the Employer. Those contributions shall not be duplicated under this Plan.
SECTION 3.04—CONTRIBUTION LIMITATION.
Annual Additions means the sum of the following amounts credited to a Participant’s account for the Limitation Year:
Annual Additions to a defined contribution plan shall also include the following:
For this purpose, any Excess Amount applied under (e) and (k) below in the Limitation Year to reduce Employer
Contributions shall be considered Annual Additions for such Limitation Year.
Compensation means wages, salaries, and fees for professional services and other amounts received (without regard to
whether or not an amount is paid in cash) for personal services actually rendered in the course of employment with the
Employer maintaining the plan to the
(a) Definitions. For the purpose of determining the contribution limitation set forth in this section, the following terms are
defined.
(1) employer contributions;
(2) employee contributions; and
(3) forfeitures.
(4) amounts allocated to an individual medical account, as defined in Code Section 415(l)(2), which are part of a
pension or annuity plan maintained by the Employer;
(5) amounts derived from contributions paid or accrued which are attributable to post-retirement medical benefits,
allocated to the separate account of a key employee, as defined in Code Section 419A(d)(3), under a welfare benefit
fund, as defined in Code Section 419(e), maintained by the Employer; and
(6) allocations under a simplified employee pension.
RESTATEMENT DECEMBER 15, 2006
31 ARTICLE III (5-19047)