Dell 2003 Annual Report Download - page 79
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II.
PARTICIPATION
2.1 Participation.
(a) Each Eligible Employee shall be eligible to become a Participant in the Plan upon the date coincident with such Eligible Employee's Employment
Commencement Date.
(b) Notwithstanding Subsection 2.1(a), an Eligible Employee who was a Participant in the Plan on the day prior to the Effective Date shall remain a
Participant in this restatement thereof as of the Effective Date.
(c) The following groups of Employees are not eligible to participate in the Plan:
(1) An Employee whose terms and conditions of employment are governed by a collective bargaining agreement, unless such agreement
provides for his coverage under the Plan;
(2) A nonresident alien who receives no earned income from an Employer that constitutes income from sources within the United States unless
otherwise specifically covered by a participating entity pursuant to the provisions of Article XV;
(3) An individual who is a Leased Employee or who would be a Leased Employee but for the fact that he has not performed services on a
substantially full-time basis for a period of at least one year;
(4) Any employee that is not included on the payroll records of the Company or a Controlled Entity as a common law employee or is otherwise
classified or treated by an Employer as an independent contractor or other non-common law employee, and it is expressly intended that such
individuals are to be excluded from Plan participation even if a court or administrative agency determines that such individuals are common
law employees;
(5) Any individual on the payroll of Spherion Corporation;
(6) Effective July 31, 2003, any individual who is classified as a college or high school intern by the Company (including, but not limited to,
individuals with job codes ADIN001, ADIN002, ADIN003), other than any individual who has submitted an election to make Salary
Reduction Contributions to the Plan on or before July 31, 2003; or
(7) Effective July 31, 2003, any individual who is classified as a security guard by the Company and who also is employed by a law
enforcement agency or a security firm (other than any individual who has submitted an election to
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