eTrade 2008 Annual Report Download - page 203

SECTION 3.05—EXCESS AMOUNTS.
ACP means, for a specified group of Participants (either Highly Compensated Employees or Nonhighly Compensated
Employees) for a Plan Year, the average (expressed as a percentage) of the Contribution Percentages of the Eligible
Participants in the group.
ADP means, for a specified group of Participants (either Highly Compensated Employees or Nonhighly Compensated
Employees) for a Plan Year, the average (expressed as a percentage) of the Deferral Percentages of the Eligible
Participants in the group.
Catch-up Contributions means Elective Deferral Contributions made to a plan that are in excess of an otherwise
applicable plan limit and that are made by participants who are age 50 or older by the end of the taxable year. An otherwise
applicable plan limit is a limit in the plan that applies to Elective Deferral Contributions without regard to Catch-up
Contributions, such as the limits on the maximum annual additions under Code Section 415, the dollar limitation on
Elective Deferral Contributions under Code Section 402(g) (not counting Catch-up Contributions), and the limit imposed
by the nondiscrimination test described in Code Section 401(k)(3).
Contribution Percentage means the ratio (expressed as a percentage) of the Eligible Participant’s Contribution Percentage
Amounts to the Eligible Participant’s Compensation for the Plan Year (whether or not the Eligible Participant was an
Eligible Participant for the entire Plan Year). In modification of the foregoing, Compensation shall be limited to the
Compensation received while an Eligible Participant. For an Eligible Participant for whom such Contribution Percentage
Amounts for the Plan Year are zero, the percentage is zero.
Contribution Percentage Amounts means the sum of the Participant Contributions and Matching Contributions (that are
not Qualified Matching Contributions taken into account for purposes of the ADP Test) made under the plan on behalf of
the Eligible Participant for the plan year. For plan years beginning on or after January 1, 2006, Matching Contributions
cannot be taken into account for a plan year for a Nonhighly Compensated Employee to the extent they are
disproportionate matching contributions as defined in section 1.401(m)-2(a)(5)(ii) of the regulations. Such Contribution
Percentage Amounts shall not include Matching Contributions that
(j) If an Excess Amount was allocated to a Participant on an allocation date of this Plan which coincides with an allocation
date of another plan, the Excess Amount attributed to this Plan will be the product of:
(1) the total Excess Amount allocated as of such date, times
(2) the ratio of (i) the Annual Additions allocated to the Participant for the Limitation Year as of such date under this
Plan to (ii) the total Annual Additions allocated to the Participant for the Limitation Year as of such date under this
and all the other qualified defined contribution plans.
(k) Any Excess Amount attributed to this Plan will be disposed of in the manner described in (e) above.
(a) Definitions. For purposes of this section, the following terms are defined:
RESTATEMENT DECEMBER 15, 2006 36 ARTICLE III (5-19047)