eTrade 2009 Annual Report Download - page 213

ARTICLE 4
Distributions
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(e) No Actual Investment. Notwithstanding any other provision of this Plan that may be interpreted to the contrary, the
Measurement Funds are to be used for measurement purposes only, and a Participant’s election of any such Measurement
Fund, the allocation to his Deferral Account thereto, the calculation of additional amounts and the crediting or debiting of
such amounts to a Participant’s Deferral Account shall not be considered or construed in any manner as an actual
investment of his or her Deferral Account in any such Measurement Fund. In the event that the Company or the Trustee (as
that term is defined in the Trust), in its own discretion, decides to invest funds in any or all of the Measurement Funds, no
Participant shall have any rights in, or to such investments themselves. Without limiting the foregoing, a Participant’s
Deferral Account shall at all times be a bookkeeping entry only and shall not represent any investment on his behalf by the
Company or the Trust; the Participant shall at all times remain an unsecured creditor of the Company.
4.1 Distribution Event. Subject to the Deduction Limitation, payment of a Participant’s Deferral Account shall commence upon the
Distribution Event elected by the Participant on an Election Form. Any distribution that complies with Article 4 shall be deemed
for all purposes to comply with the Plan requirements regarding the time and form of distributions.
4.2 Manner and Timing of Payment.
(a) Distribution Events. A Participant’s Deferral Account shall be distributed upon the first to occur of the following
Distribution Events:
(i) Fixed Distribution Date. To the extent a Fixed Distribution Date is provided as a Distribution Event on the Election
Form and in the event a Participant elected a Fixed Distribution Date with respect to the Annual Deferral Amount
for any Plan Year, the portion of the Deferral Account attributable to that Annual Deferral Amount shall be
distributed in a single lump sum.
(ii) Separation from Service prior to attaining age fifty-five (55) and five (5) Years of Service. Upon Separation from
Service prior to attaining age fifty- five (55) and five (5) Years of Service: (A) if the balance in a Participant’s
Deferral Account at the time of the Separation from Service is $100,000 or more, the Participant’s Deferral Account
shall be distributed in accordance with the Payment Option elected by the Participant, or if the Participant did not
timely elect a Payment Option, in three (3) substantially equal annual installments; and (B) if the balance in a
Participant’s Deferral Account at the time of the Separation from Service