eTrade 2008 Annual Report Download - page 240

percentage used to determine that portion of a Participant’s Account attributable to Employer Contributions which is nonforfeitable
(whether directly or indirectly), each Participant or former Participant
may elect, during the election period, to have the nonforfeitable percentage of his Account that results from Employer Contributions
determined without regard to the amendment. This election may not be revoked. If after the Plan is changed, the Participant’s
nonforfeitable percentage will at all times be as great as it would have been if the change had not been made, no election needs to be
provided. The election period shall begin no later than the date the Plan amendment is adopted, or deemed adopted in the case of a
change in the top-heavy status of the Plan, and end no earlier than the 60th day after the latest of the date the amendment is adopted
(deemed adopted) or becomes effective, or the date the Participant is issued written notice of the amendment (deemed amendment) by
the Employer or the Plan Administrator.
SECTION 10.02—DIRECT ROLLOVERS.
Notwithstanding any provision of the Plan to the contrary that would otherwise limit a Distributee’s election under this section, a
Distributee may elect, at the time and in the manner prescribed by the Plan Administrator, to have any portion of an Eligible Rollover
Distribution paid directly to an Eligible Retirement Plan specified by the Distributee in a Direct Rollover.
In the event of a mandatory distribution of an Eligible Rollover Distribution greater than $1,000 in accordance with the SMALL
AMOUNTS SECTION of this article (or which is a small amounts payment under Article VIII at complete termination of the Plan), if
the Participant does not elect to have such distribution paid directly to an Eligible Retirement Plan specified by the Participant in a
Direct Rollover or to receive the distribution directly, the Plan Administrator will pay the distribution in a Direct Rollover to an
individual retirement plan designated by the Plan Administrator.
In the event of any other Eligible Rollover Distribution to a Distributee in accordance with the SMALL AMOUNTS SECTION
of this article (or which is a small amounts payment under Article VIII at complete termination of the Plan), if the Distributee does
not elect to have such distribution paid directly to an Eligible Retirement Plan specified by the Distributee in a Direct Rollover or to
receive the distribution directly, the Plan Administrator will pay the distribution to the Distributee.
A mandatory distribution is a distribution to a Participant that is made without the Participant’s consent and is made to the
Participant before he attains the older of age 62 or his Normal Retirement Age.
SECTION 10.03—MERGERS AND DIRECT TRANSFERS.
The Plan may not be merged or consolidated with, nor have its assets or liabilities transferred to, any other retirement plan,
unless each Participant in this Plan would (if that plan then terminated) receive a benefit immediately after the merger, consolidation,
or transfer which is equal to or greater than the benefit the Participant would have been entitled to receive immediately before the
merger, consolidation, or transfer (if this Plan had then terminated). The Employer may enter into merger agreements or direct
transfer of assets
(c) who has completed at least three Years of Service on the date the election period described below ends (five Years of
Service if the Participant does not have at least one Hour of Service in a Plan Year beginning after December 31, 1988) and
(d) whose nonforfeitable percentage will be determined on any date after the date of the change
RESTATEMENT DECEMBER 15, 2006
73 ARTICLE X (5-19047)