eTrade 2008 Annual Report Download - page 217

Notwithstanding the foregoing, the failure of a Participant to consent to a distribution while a benefit is immediately
distributable, within the meaning of the ELECTION PROCEDURES SECTION of Article VI, shall be deemed to be an
election to defer the start of benefits sufficient to satisfy this section.
The Participant may elect to have benefits begin after the latest date for beginning benefits described above, subject to the
following provisions of this section. The Participant shall make the election in writing. Such election must be made before
his Normal Retirement Date or the date he has a Severance from Employment, if later. The Participant shall not elect a date
for beginning benefits or a form of distribution that would result in a benefit payable when he dies which would be more
than incidental within the meaning of governmental regulations.
Benefits shall begin on an earlier date if otherwise provided in the Plan. For example, the Participant’s Retirement Date or
Required Beginning Date, as defined in the DEFINITIONS SECTION of Article VII.
(b) The Participant’s Vested Account that results from Elective Deferral Contributions and Qualified Nonelective
Contributions may not be distributed earlier than Severance from Employment (separation from service, for Plan Years
beginning before January 1, 2002), death, or disability. Such amount may also be distributed upon:
(1) Termination of the Plan, as permitted in Article VIII.
All distributions that may be made pursuant to one or more of the foregoing distributable events will be a retirement
benefit and shall be distributed to the Participant according to the distribution of benefits provisions of Article VI. In
addition, distributions that are triggered by the termination of the Plan must be made in a lump sum. A lump sum
shall include a distribution of an annuity contract.
SECTION 5.05—WITHDRAWAL BENEFITS.
A Participant may withdraw any part of his Vested Account in the event he becomes Totally and Permanently Disabled. A
Participant may make such a withdrawal at any time.
(2) The attainment of age 59
1
/ 2 as permitted in the WITHDRAWAL BENEFITS SECTION of this article or in the
definition of Normal Retirement Date in the DEFINITIONS SECTION of Article I.
(3) The hardship of the Participant as permitted in the WITHDRAWAL BENEFITS SECTION of this article.
RESTATEMENT DECEMBER 15, 2006 50 ARTICLE V (5-19047)