eTrade 2009 Annual Report Download - page 208

E*TRADE FINANCIAL CORPORATION
DEFERRED COMPENSATION PLAN
Amended and Restated Effective January 1, 2009
Purpose
The purpose of this Plan is to provide deferred compensation to a select group of management and highly compensated
Employees who contribute materially to the continued growth, development and future business success of E*TRADE Financial
Corporation, a Delaware corporation, and its affiliates, if any, that sponsor this Plan. This Plan shall be unfunded for tax purposes and
for purposes of Title I of ERISA.
ARTICLE 1
Selection, Enrollment, Eligibility
1
1.1 Selection by Committee. Participation in the Plan shall be limited to a select group of management and highly compensated
Employees of the Employers, as determined by the Committee in its sole discretion.
1.2 Enrollment Requirements. As a condition to participation, each selected Employee shall complete, execute and return to the
Committee within 30 days after he is selected to participate in the Plan forms that the Committee may require from time to time,
including an Election Form and a Beneficiary Designation Form. In addition, the Committee shall establish from time to time
such other enrollment requirements as it determines in its sole discretion are necessary. If an Employee fails to meet all such
requirements within the period required, that Employee shall not be eligible to participate in the Plan until the first day of the
Plan Year following the delivery to, and acceptance by, the Committee of the required documents.
1.3 Termination of Participation. If the Committee determines in good faith that a Participant no longer qualifies as a member of a
select group of management or highly compensated employees, as membership in such group is determined in accordance with
sections 201(2), 30l(a)(3) and 401(a)(1) of ERISA, Participant’s active participation in the Plan shall end on the last day of the
Plan Year during which the Participant’s membership status changed. In the event that a Participant is no longer eligible to defer
compensation under this Plan, the Participant’s Deferral Account shall be governed by the terms of this Plan until the
Participant’s Deferral Account is paid in full.