eTrade 2008 Annual Report Download - page 222

All reasonable costs and expenses, including but not limited to attorney’s fees, incurred by the Plan in connection with any
default or in any proceeding to enforce any provision of a promissory note or instrument by which a promissory note for a Participant
loan is secured, shall be assessed and collected from the Account of the Participant as part of the loan balance.
If payroll deduction is being utilized, in the event that a Participant’s available payroll deduction amounts in any given month
are insufficient to satisfy the total amount due, there will be an increase in the amount taken subsequently, sufficient to make up the
amount that is then due. If any amount remains past due more than 90 days, the entire principal amount, whether or not otherwise then
due, along with interest then accrued, shall become due and payable, as above.
If no distributable event has occurred under the Plan at the time that the Participant’s Vested Account would otherwise be used
under this provision to pay any amount due under the outstanding loan, this will not occur until the time, or in excess of the extent to
which, a distributable event occurs under the Plan. An outstanding loan will become due and payable in full 60 days after a
Participant has a Severance from Employment and ceases to be a party-in-interest as defined in ERISA or after complete termination
of the Plan.
SECTION 5.07—DISTRIBUTIONS UNDER QUALIFIED DOMESTIC RELATIONS ORDERS.
The Plan specifically permits distributions to an Alternate Payee under a qualified domestic relations order as defined in Code
Section 414(p), at any time, irrespective of whether the Participant has attained his earliest retirement age, as defined in Code
Section 414(p), under the Plan. A distribution to an Alternate Payee before the Participant has attained his earliest retirement age is
available only if the order specifies that distribution shall be made prior to the earliest retirement age or allows the Alternate Payee to
elect a distribution prior to the earliest retirement age.
Nothing in this section shall permit a Participant to receive a distribution at a time otherwise not permitted under the Plan nor
shall it permit the Alternate Payee to receive a form of payment not permitted under the Plan.
The benefit payable to an Alternate Payee shall be subject to the provisions of the SMALL AMOUNTS SECTION of Article X
if the value of the benefit (disregarding the portion, if any, of the benefit resulting from the Participant’s Rollover Contributions) does
not exceed $5,000.
The Plan Administrator shall establish reasonable procedures to determine the qualified status of a domestic relations order.
Upon receiving a domestic relations order, the Plan Administrator shall promptly notify the Participant and each Alternate Payee
named in the order, in writing, of the receipt of the order and the Plan’s procedures for determining the qualified status of the order.
Within a reasonable period of time after receiving the domestic relations order, the Plan Administrator shall determine the qualified
status of the order and shall notify the Participant and each Alternate Payee, in writing, of its determination. The Plan Administrator
shall provide notice under this paragraph by mailing to the individual’s address specified in the domestic relations order, or in a
manner consistent with Department of Labor regulations. The Plan Administrator may treat as qualified any domestic relations order
entered before January 1, 1985, irrespective of whether it satisfies all the requirements described in Code Section 414(p).
RESTATEMENT DECEMBER 15, 2006 55 ARTICLE V (5-19047)