eTrade 2009 Annual Report Download - page 210

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Commissions $2,000
If a Participant elects to defer less than the stated minimum amounts, or if no election is filed, the amount deferred shall be
zero.
(b) Short Plan Year. Notwithstanding the foregoing, if a Participant first becomes a Participant after the first day of a Plan
Year, the minimum Base Annual Salary deferral shall be an amount equal to the minimum set forth above, multiplied by a
fraction, the numerator of which is the number of complete months remaining in the Plan Year and the denominator of
which is 12.
2.3 Withholding of Annual Deferral Amounts. The Committee will withhold the Annual Deferral Amount not later than the end
of the calendar year during which the Company would otherwise have paid the amounts to the Participant but for the
Participant’s deferral election. The Base Annual Salary portion of the Deferral Amount shall not be withheld during any period
in which the Participant is on an unpaid leave of absence.
2.4 FICA and Other Taxes. For each Plan Year in which an Annual Deferral Amount is being withheld with respect to a
Participant, the Participant’s Employer(s) shall, in a manner determined by the Employer(s), withhold from that portion of the
Participant’s Base Annual Salary, Bonus and Commissions that are not being deferred the Participant’s share of FICA and other
employment or state, local, and foreign taxes on such Annual Deferral Amount. To the extent permitted by Code section 409A
and Treasury Regulations sections 1.409A- 3(j)(4)(vi) and (xi), the Committee may reduce the Annual Deferral Amount to the
extent necessary to pay FICA and other employment, state, local and foreign taxes in compliance with this Section.
2.5 Permitted Chan
g
es to Deferral Elections.
(a) Cancellation of Deferral Election due to Disability. The Committee may, in its sole discretion, cancel a Participant’s
deferral election if the Participant is determined to be disabled. Solely for purposes of this Section, a Participant shall be
disabled if the Participant is suffering from any medically determinable physical or mental impairment resulting in the
Participant’s inability to perform the duties of his position or any substantially similar position, where such impairment can
be expected to result in death or can be expected to last for a continuous period of six (6) months. The Participant’s
election must be cancelled in the year that the Participant incurs a disability, or, if later, the 15 day of the third month
following the date the Participant incurs a disability.
The Participant may elect to defer an Annual Deferral Amount for the Plan Year following his return to employment or
service and for every Plan Year thereafter while a Participant in the Plan; provided the Participant’s deferral elections are
otherwise allowed and an Election Form is delivered to, and accepted by, the Committee for each such election in
accordance with the Plan.
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