eTrade 2009 Annual Report Download - page 227

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contributed by, the Participant pursuant to all qualified or non-qualified plans of any Employer and shall be calculated to include
amounts not otherwise included in the Participant’s gross income under Code sections 125, 402(e)(3), 402(h), or 403(b) pursuant
to plans established by any Employer; provided, however, that all such amounts will be included in compensation only to the
extent that, had there been no such plan, the amount would have been payable in cash to the Employee.
11.11“Committee” shall mean the committee described in Article 7.
11.12“Company” shall mean E*TRADE Financial Corporation, a Delaware corporation, and any successor to all, or substantially all,
of the Company’s assets or business.
11.13“Deduction Limitation” shall mean the following described limitation on a distribution that may otherwise be distributable to a
Participant pursuant to the provisions of this Plan. If an Employer reasonably anticipates that its deduction with respect to a
payment under the Plan to a Participant would not be permitted due to the application of Code section 162(m), the Employer
may delay the payment to Participant provided that the payment is distributed either (i) during the Participant’s first taxable year
in which the Employer reasonably anticipates, or should reasonably anticipate, that if the payment is distributed during such
year, the deduction of the payment will not be limited by Code section 162(m) or (ii) during the period beginning with the date
of the Participant’s Separation from Service and ending on the later of the last day of the taxable year of the Employer in which
the Participant separates from service or the 15th day of the third month following the Participant’s Separation from Service.
11.14“Deferral Account” shall mean (i) the sum of all of a Participant’s Annual Deferral Amounts, plus (ii) amounts credited in
accordance with all the applicable crediting provisions of this Plan that relate to the Participant’s Deferral Account, less (iii) all
distributions to the Participant, or his Beneficiary, pursuant to this Plan that relate to his Deferral Account.
11.15“Disability” shall mean a physical or mental condition in which the Participant is:
(a) unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment
that can be expected to result in death or can be expected to last for a continuous period of not less than twelve
(12) months;
(b) by reason of any medically determinable physical or mental impairment which can be expected to result in death or can be
expected to last for a continuous period of not less than twelve (12) months, receiving income replacement benefits for a
period of not less than 3 months under the Employer’s accident and health plan;
(c) determined to be totally disabled by the Social Security Administration; or