eTrade 2008 Annual Report Download - page 248

The plans in (a) and (b) above constitute the “required” Aggregation Group. The plans in (a), (b), and (c) above constitute the
“permissive” Aggregation Group.
Compensation means compensation as defined in the CONTRIBUTION LIMITATION SECTION of Article III.
Determination Date means as to any plan, for any plan year subsequent to the first plan year, the last day of the preceding plan
year. For the first plan year of the plan, the Determination Date is the last day of that year.
Key Employee means any Employee or former Employee (including any deceased Employee) who at any time during the Plan
Year that includes the Determination Date is:
The determination of who is a Key Employee shall be made according to Code Section 416(i)(1) and the applicable regulations
and other guidance of general applicability issued thereunder.
Nonkey Employee means any Employee who is not a Key Employee.
Top-heavy Plan means a plan that is top-heavy for any plan year. This Plan shall be top-heavy if any of the following
conditions exist:
Top-heavy Ratio means:
(a) an officer of the Employer having an annual Compensation greater than $130,000 (as adjusted under Code Section 416(i)
(1) for Plan Years beginning after December 31, 2002),
(b) a 5-percent owner of the Employer, or
(c) a 1-percent owner of the Employer having an annual Compensation of more than $150,000.
(a) The Top-heavy Ratio for this Plan exceeds 60 percent and this Plan is not part of any required Aggregation Group or
permissive Aggregation Group.
(b) This Plan is a part of a required Aggregation Group, but not part of a permissive Aggregation Group, and the Top-heavy
Ratio for the required Aggregation Group exceeds 60 percent.
(c) This Plan is a part of a required Aggregation Group and part of a permissive Aggregation Group and the Top-heavy Ratio
for the permissive Aggregation Group exceeds 60 percent.
(a) If the Employer maintains one or more defined contribution plans (including any simplified employee pension plan) and
the Employer has not maintained any defined benefit plan which during the five-year period ending on the Determination
Date(s) has or has had accrued benefits, the Top-heavy Ratio for this Plan alone or for the required or permissive
Aggregation Group, as appropriate, is a fraction, the numerator of which is the sum of the account balances of all Key
Employees as of the Determination Date(s) (including any part of any account balance distributed in the one-year period
ending on the Determination Date(s) and distributions under a terminated plan which if it had not been terminated would
have been required to be included in the Aggregation Group), and the denominator of which is the sum of all account
balances (including
RESTATEMENT DECEMBER 15, 2006 81 ARTICLE XI (5-19047)