eTrade 2008 Annual Report Download - page 214

ARTICLE IV
INVESTMENT OF CONTRIBUTIONS
SECTION 4.01—INVESTMENT AND TIMING OF CONTRIBUTIONS.
The handling of Contributions and Plan assets is governed by the provisions of the Trust Agreement and any other relevant
document, such as an Annuity Contract (for the purposes of this paragraph alone, the Trust Agreement and such other documents will
each be referred to as a “document” or collectively as the “documents”), duly entered into by or with regard to the Plan that govern
such matters. To the extent permitted by the documents, the parties named below shall direct the Contributions for investment in any
of the investment options or investment vehicles available to the Plan under or through the documents, and may request the transfer of
amounts resulting from those Contributions between such investment options and investment vehicles. A Participant may not direct
the investment of all or any portion of his Account in collectibles. Collectibles mean any work of art, rug or antique, metal or gem,
stamp or coin, alcoholic beverage, or other tangible personal property specified by the Secretary of the Treasury. However, for tax
years beginning after December 31, 1997, certain coins and bullion as provided in Code Section 408(m)(3) shall not be considered
collectibles. To the extent that a Participant who has the ability to provide investment direction fails to give timely investment
direction, the amount for which no investment direction is in place shall be invested in such investment options and investment
vehicles as provided in the service and expense agreement or such other documents duly entered into by or with regard to the Plan
that govern such matters. If the Primary Employer has investment direction, the Contributions shall be invested ratably in the
investment options and investment vehicles available to the Plan under or through the documents. The Primary Employer shall have
investment direction for amounts that have not been allocated to Participants. To the extent an investment is no longer available, the
Primary Employer may require that amounts currently held in such investment be reinvested in other investments.
At least annually, the Named Fiduciary shall review all pertinent Employee information and Plan data in order to establish the
funding policy of the Plan and to determine appropriate methods of carrying out the Plan’s objectives. The Named Fiduciary shall
inform the Trustee and any Investment Manager of the Plan’s short-term and long-term financial needs so the investment policy can
be coordinated with the Plan’s financial requirements.
However, the Named Fiduciary may delegate to the Investment Manager investment direction for Contributions and amounts
that are not subject to Participant direction.
(a) Employer Contributions other than Elective Deferral Contributions: The Participant shall direct the investment of such
Employer Contributions and transfer of amounts resulting from those Contributions.
(b) Elective Deferral Contributions: The Participant shall direct the investment of Elective Deferral Contributions and transfer
of amounts resulting from those Contributions.
(c) Rollover Contributions: The Participant shall direct the investment of Rollover Contributions and transfer of amounts
resulting from those Contributions.
RESTATEMENT DECEMBER 15, 2006
47 ARTICLE IV (5-19047)