eTrade 2009 Annual Report Download - page 209

ARTICLE 2
Deferral Elections and Payment of Deferred Amounts
2
2.1 Deferral Elections.
(a) Annual Deferral Elections. For each Plan Year, the Participant may elect to defer compensation by filing with the
Committee, in accordance with rules, procedures and forms specified by the Committee, (i) an irrevocable election to defer
all or a portion of Base Annual Salary, Bonus or Commissions and (ii) an election regarding the time and form of
distribution of the Annual Deferral Amount. Deferral elections are effective on a calendar year basis, must be filed with the
Committee and become irrevocable no later than the date specified by the Committee but in any event before the beginning
of the Plan Year to which the elections relate, and must specify the time and form of distribution selected by the
Participant.
(b) Special Rule for Initial Participation. Within 30 days after the date an individual first becomes eligible to participate in
the Plan, the individual may elect to defer compensation by filing with the Committee, in accordance with rules,
procedures and forms specified by the Committee, (i) an irrevocable election to defer all or a portion of Base Annual
Salary, Bonus or Commissions to be paid for services to be performed after the election, and (ii) an election regarding the
time and form of distribution of the Annual Deferral Amount. For the Participant’s elections to be valid, the forms required
by the Committee must be completed and signed by the Participant, timely delivered to the Committee, and accepted by the
Committee.
This election relating to initial participation in the Plan is available only to Participants that are not participants in any other
elective account balance plan subject to Code section 409A maintained by a Related Company. If an Employee whose
participation in the Plan is terminated again becomes eligible to defer compensation as a Participant in this Plan, that
Employee may file an election pursuant to this Section 2.1(b) only if the Employee was ineligible to defer compensation in
this Plan and all other Related Company elective account balance plans, within the meaning of Code section 409A, for the
24 months preceding the date on which the Participant again became eligible to participate in this Plan.
2.2 Minimum Deferrals.
(a) Base Annual Salary, Bonus and Commissions. A Participant wishing to elect deferrals for a Plan Year must elect to
defer the following minimum amounts:
Deferral Minimum Amoun
t
Base Annual Salary $2,000
Bonus
$2,000