Dell 2003 Annual Report Download - page 96

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VI.
IN-SERVICE WITHDRAWALS
6.1 Age 591/2 Withdrawals. A Participant who has attained age fifty-nine and one-half may withdraw from his Accounts an amount not exceeding the then
value of his Vested Interest in such Accounts. Such withdrawal shall come, first, from such Participant's Rollover Contribution Account, second, from his
Vested Interest in his Employer Contribution Account, and, finally, from his Salary Reduction Contribution Account.
6.2 Financial Hardship Withdrawals.
(a) A Participant who has a "financial hardship," as determined by the Committee, and who has made all available withdrawals pursuant to Section 6.1
and pursuant to the provisions of any other plans of the Employer and any Controlled Entities of which he is a member and who has obtained all
available loans pursuant to Article IX and pursuant to the provisions of any other plans of the Employer and any Controlled Entities of which he is a
member may withdraw from his Employer Contribution Account, his Rollover Contribution Account, and his Salary Reduction Contribution
Account amounts not to exceed the lesser of (i) such Participant's Vested Interest in such Accounts or (ii) the amount determined by the Committee
as being available for withdrawal pursuant to this Subsection. Such withdrawal shall come, first, from the Participant's Rollover Contribution
Account, second, from his Vested Interest in his Employer Contribution Account, and, finally, from his Salary Reduction Contribution Account.
(b) For purposes of this Section, "financial hardship" shall mean the immediate and heavy financial needs of the Participant. A withdrawal based upon
financial hardship pursuant to this Section shall not exceed the amount that is both required to meet the immediate financial needs created by the
hardship and not reasonably available from other resources of the Participant. The amount required to meet the Participant's immediate financial
needs may include any amounts necessary to pay any federal, state, or local income taxes or penalties reasonably anticipated to result from the
distribution. The determination of the existence of a Participant's financial hardship and the amount required to be distributed to meet the needs
created by the hardship shall be made by the Committee. The decision of the Committee shall be final and binding, provided that all Participants
similarly situated shall be treated in a uniform and nondiscriminatory manner. A withdrawal shall be deemed to be made on account of the
immediate and heavy financial needs of a Participant if the withdrawal is for:
(1) Expenses for medical care described in Code Section 213(d) previously incurred by the Participant, the Participant's spouse, or any dependents
of the Participant (as defined in Code Section 152) or necessary for those persons to obtain medical care described in Code Section 213(d) and
not reimbursed or reimbursable by insurance; -28-