eTrade 2008 Annual Report Download - page 244

SECTION 10.11—SMALL AMOUNTS.
If consent of the Participant is not required for a benefit that is immediately distributable in the ELECTION PROCEDURES
SECTION of Article VI, a Participant’s entire Vested Account shall be paid in a single sum as of the earliest of his Retirement Date,
the date he dies, or the date he has a Severance from Employment for any other reason (the date the Employer provides notice to the
record keeper of the Plan of such event, if later). For purposes of this section, if the Participant’s Vested Account is zero, the
Participant shall be deemed to have received a distribution of such Vested Account. If a Participant would have received a distribution
under the first sentence of this paragraph but for the fact that the Participant’s consent was needed to distribute a benefit which is
immediately distributable, and if at a later time consent would not be needed to distribute a benefit that is immediately distributable
and such Participant has not again become an Employee, such Vested Account shall be paid in a single sum. This is a small amounts
payment.
If a small amounts payment is made as of the date the Participant dies, the small amounts payment shall be made to the
Participant’s Beneficiary. If a small amounts payment is made while the Participant is living, the small amounts payment shall be
made to the Participant. The small amounts payment is in full settlement of all benefits otherwise payable.
No other small amounts payments shall be made.
SECTION 10.12—WORD USAGE.
The masculine gender, where used in this Plan, shall include the feminine gender and the singular words, where used in this
Plan, shall include the plural, unless the context indicates otherwise.
The words “in writing” and “written,” where used in this Plan, shall include any other forms, such as voice response or other
electronic system, as permitted by any governmental agency to which the Plan is subject.
SECTION 10.13—CHANGE IN SERVICE METHOD.
(a) Change of Service Method Under This Plan. If this Plan is amended to change the method of crediting service from the
elapsed time method to the hours method for any purpose under this Plan, the Employee’s service shall be equal to the sum
of (1), (2), and (3) below:
(1) The number of whole years of service credited to the Employee under the Plan as of the date the change is effective.
(2) One year of service for the computation period in which the change is effective if he is credited with the required
number of Hours of Service. For that portion of the computation period ending on the date of the change (for the
first day of the computation period if the change is made on the first day of the computation period), the Employee
will be credited with the greater of (i) his actual Hours of Service or (ii) the number of Hours of Service that is
equivalent to the fractional part of a year of elapsed time service credited as of the date of the change, if any. In
determining the equivalent Hours of Service, the Employee shall be credited with 190 Hours of Service for each
month and any fractional part of a month in
RESTATEMENT DECEMBER 15, 2006 77 ARTICLE X (5-19047)