Dell 2003 Annual Report Download - page 86

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Subsection 3.1(f) shall be considered "qualified matching contributions" (within the meaning of Treasury regulation ยง 1.401(k)-1(g)(13)) for
purposes of such Subsection, and amounts contributed in order to satisfy the restrictions set forth in Subsection 3.2(c) shall be considered Employer
Matching Contributions for purposes of the Plan. Any amounts contributed pursuant to this Section shall be allocated in accordance with
Subsections 4.2(e) and 4.2(f).
3.5 Return of Contributions. Anything to the contrary herein notwithstanding, the Employer's contributions to the Plan are contingent upon the deductibility
of such contributions under Code Section 404. To the extent that a deduction for contributions is disallowed, such contributions shall, upon the written
demand of the Employer, be returned to the Employer by the Trustee within one year after the date of disallowance, reduced by any net losses of the Trust
Fund attributable thereto but not increased by any net earnings of the Trust Fund attributable thereto, which net earnings shall be treated as a forfeiture.
Moreover, if Employer contributions are made under a mistake of fact, such contributions shall, upon the written demand of the Employer, be returned to
the Employer by the Trustee within one year after the payment thereof, reduced by any net losses of the Trust Fund attributable thereto but not increased
by any net earnings of the Trust Fund attributable thereto, which net earnings shall be treated as a forfeiture.
3.6 Disposition of Excess Deferrals and Excess Contributions.
(a) Anything to the contrary herein notwithstanding, any (i) Salary Reduction Contributions to the Plan for a calendar year on behalf of a Participant in
excess of the limitations set forth in Subsection 3.1(e) and (ii) "excess deferrals" from other plans that are allocated to the Plan by such Participant
no later than March 1 of the next following calendar year within the meaning of, and pursuant to the provisions of, Code Section 402(g)(2) shall be
distributed to such Participant not later than April 15 of the next following calendar year.
(b) Anything to the contrary herein notwithstanding, if for any Plan Year the aggregate Salary Reduction Contributions made by the Employer on behalf
of Highly Compensated Employees exceeds the maximum amount of Salary Reduction Contributions permitted on behalf of such Highly
Compensated Employees pursuant to Subsection 3.1(f), such excess (determined by reducing Salary Reduction Contributions on behalf of Highly
Compensated Employees in order of the highest dollar amounts contributed on behalf of such Highly Compensated Employees in accordance with
Code Section 401(k)(8)(C) and the Treasury regulations thereunder) shall be distributed to the Highly Compensated Employees on whose behalf
such excess was contributed before the end of the next following Plan Year.
(c) Anything to the contrary herein notwithstanding, if, for any Plan Year, the aggregate Employer Matching Contributions allocated to the Accounts of
Highly Compensated Employees exceeds the maximum amount of such Employer Matching Contributions permitted on behalf of such Highly
Compensated Employees pursuant to Subsection 3.2(c), such excess (determined by reducing
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