Dell 2003 Annual Report Download - page 137

XVIII.
EGTRRA PROVISIONS
18.1 General. This Article reflects certain provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 ("EGTRRA"). This Article is
intended as good faith compliance with the requirements of EGTRRA and is to be construed in accordance with EGTRRA and the guidance issued
thereunder. This Article shall, to the extent not otherwise consistent, supercede the foregoing provisions of the Plan to the extent those provisions are
inconsistent with the provisions of this Article.
18.2 Amendment to Provisions Governing Code Section 415 Limitation. Except to the extent permitted under Section 18.8 below and Code Section 414(v),
if applicable, the annual addition that may be contributed or allocated to a participant's account under the Plan for any limitation year shall not exceed the
lesser of:
(a) $40,000, as adjusted for increases in the cost-of-living under Code Section 415(d), or
(b) 100 percent of the participant's compensation, within the meaning of Code Section 415(c)(3), for the limitation year.
The compensation limit referred to in (b) above shall not apply to any contribution for medical benefits after separation from service (within the meaning of
Code Section 401(h) or 419A(f)(2)), which is otherwise treated as an annual addition. This Section shall be effective for limitation years beginning after
December 31, 2001. (For clarity, the language of this provision also is incorporated in Section 4.6(c) above.)
18.3 Increase in Compensation Limit. The annual compensation of each Participant taken into account in determining allocations for any Plan Year beginning
after December 31, 2001, shall not exceed $200,000, as adjusted for cost-of-living increases in accordance with Code Section 401(a)(17)(B). Annual
compensation means compensation during the Plan Year or such other consecutive 12-month period over which compensation is otherwise determined
under the Plan (the determination period). The cost-of-living adjustment in effect for a calendar year applies to annual compensation for the determination
period that begins with or within such calendar year. (For clarity, the language of this provision is incorporated in Section 1.1(g) above.)
18.4 Modification Of Top-Heavy Rules. This Section shall apply for purposes of determining whether the Plan is a top-heavy plan under Code Section 416(g)
for plan years beginning after December 31, 2001, and whether the Plan satisfies the minimum benefits requirements of Code Section 416(c) for such
years. This Section amends the top-heavy provisions of the Plan.
(a) "Key employee" shall mean any employee or former employee (including any deceased employee) who at any time during the Plan Year that
includes the determination date was an officer of the Employer having annual compensation greater than $130,000 (as adjusted under Code
Section 416(i)(1) for Plan Years -69-