eTrade 2008 Annual Report Download - page 239

ARTICLE X
GENERAL PROVISIONS
SECTION 10.01—AMENDMENTS.
The Employer may amend this Plan at any time, including any remedial retroactive changes (within the time specified by
Internal Revenue Service regulations), to comply with any law or regulation issued by any governmental agency to which the Plan is
subject.
An amendment may not diminish or adversely affect any accrued interest or benefit of Participants or their Beneficiaries nor
allow reversion or diversion of Plan assets to the Employer at any time, except as may be required to comply with any law or
regulation issued by any governmental agency to which the Plan is subject.
No amendment to this Plan shall be effective to the extent that it has the effect of decreasing a Participant’s accrued benefit.
However, a Participant’s Account may be reduced to the extent permitted under Code Section 412(c)(8). For purposes of this
paragraph, a Plan amendment that has the effect of decreasing a Participant’s Account with respect to benefits attributable to service
before the amendment shall be treated as reducing an accrued benefit. Furthermore, if the vesting schedule of the Plan is amended, in
the case of an Employee who is a Participant as of the later of the date such amendment is adopted or the date it becomes effective,
the nonforfeitable percentage (determined as of such date) of such Employee’s right to his employer-derived accrued benefit shall not
be less than his percentage computed under the Plan without regard to such amendment.
No amendment to the Plan shall be effective to eliminate or restrict an optional form of benefit with respect to benefits
attributable to service before the amendment except as provided in the MERGERS AND DIRECT TRANSFERS SECTION of this
article and below:
If, as a result of an amendment, an Employer Contribution is removed that is not 100% immediately vested when made, the
applicable vesting schedule shall remain in effect after the date of such amendment. The Participant shall not become immediately
100% vested in such Contributions as a result of the elimination of such Contribution except as otherwise specifically provided in the
Plan.
An amendment shall not decrease a Participant’s vested interest in the Plan. If an amendment to the Plan, or a deemed
amendment in the case of a change in top-heavy status of the Plan as provided in the MODIFICATION OF VESTING
REQUIREMENTS SECTION of Article XI, changes the computation of the
(a) The Plan is amended to eliminate or restrict the ability of a Participant to receive payment of his Account balance under a
particular optional form of benefit and the amendment provides a single sum distribution form that is otherwise identical to
the optional form of benefit eliminated or restricted. A single sum distribution form is otherwise identical only if it is
identical in all respects to the eliminated or restricted optional form of benefit (or would be identical except that it provides
greater rights to the Participant) except with respect to the timing of payments after commencement.
(b) The Plan is amended to eliminate or restrict in-kind distributions and the conditions in Q&A- 2(b)(2)(iii) in section 1.411
(d)-4 of the regulations are met.
RESTATEMENT DECEMBER 15, 2006 72 ARTICLE X (5-19047)