eTrade 2008 Annual Report Download - page 243

It is the responsibility of the Participant to give written notice to the Plan Administrator of the name of the Beneficiary on a form
furnished for that purpose. The Plan Administrator shall maintain records of Beneficiary designations for Participants before their
Retirement Dates. However, the Plan Administrator may delegate to another party the responsibility of maintaining records of
Beneficiary designations. In that event, the written designations made by Participants shall be filed with such other party. If a party
other than the Insurer maintains the records of Beneficiary designations and a Participant dies before his Retirement Date, such other
party shall certify to the Insurer the Beneficiary designation on its records for the Participant.
If there is no Beneficiary named or surviving when a Participant dies, the Participant’s Beneficiary shall be the Participant’s
surviving spouse, or where there is no surviving spouse, the executor or administrator of the Participant’s estate.
SECTION 10.08—NONALIENATION OF BENEFITS.
Benefits payable under the Plan are not subject to the claims of any creditor of any Participant, Beneficiary or spouse. A
Participant, Beneficiary or spouse does not have any rights to alienate, anticipate, commute, pledge, encumber, or assign such
benefits, except in the case of a loan as provided in the LOANS TO PARTICIPANTS SECTION of Article V. The preceding
sentences shall also apply to the creation, assignment, or recognition of a right to any benefit payable with respect to a Participant
according to a domestic relations order, unless such order is determined by the Plan Administrator to be a qualified domestic relations
order, as defined in Code Section 414(p), or any domestic relations order entered before January 1, 1985. The preceding sentences
shall not apply to any offset of a Participant’s benefits provided under the Plan against an amount the Participant is required to pay the
Plan with respect to a judgment, order, or decree issued, or a settlement entered into, on or after August 5, 1997, which meets the
requirements of Code Sections 401(a)(13)(C) or (D).
SECTION 10.09—CONSTRUCTION.
The validity of the Plan or any of its provisions is determined under and construed according to Federal law and, to the extent
permissible, according to the laws of the state in which the Employer has its principal office. In case any provision of this Plan is held
illegal or invalid for any reason, such determination shall not affect the remaining provisions of this Plan, and the Plan shall be
construed and enforced as if the illegal or invalid provision had never been included.
In the event of any conflict between the provisions of the Plan and the terms of any Annuity Contract issued hereunder, the
provisions of the Plan control.
SECTION 10.10—LEGAL ACTIONS.
No person employed by the Employer; no Participant, former Participant, or their Beneficiaries; nor any other person having or
claiming to have an interest in the Plan is entitled to any notice of process. A final judgment entered in any such action or proceeding
shall be binding and conclusive on all persons having or claiming to have an interest in the Plan.
RESTATEMENT DECEMBER 15, 2006 76 ARTICLE X (5-19047)