Dell 2004 Annual Report Download - page 70

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Effective as of January 1, 2005, no more than ninety (90), and no fewer than thirty (30), days prior to the beginning of each Plan Year, the Employer
shall provide to each Participant a Safe Harbor Notice. If an Employee will become a Participant in the Plan after the date such notice is provided for
a Plan Year but prior to the beginning of the next Plan Year, then the Employer shall provide such Employee a Safe Harbor Notice no later than the
date such Employee becomes eligible to participate in the Plan. The Safe Harbor Notice shall be sufficiently accurate and comprehensive to inform
the Employee or Participant of his rights and obligations under the Plan and shall be written in a manner calculated to be understood by the average
Employee. The Safe Harbor Notice shall accurately describe (i) the Safe Harbor Matching Contribution as set forth in this Section 3.2(d), (ii) any
other contributions under the Plan, including the potential for discretionary Employer contributions, and the conditions under which such
contributions are made, (iii) the type and amount of Compensation that may be deferred under the Plan, (iv) how to make Salary Reduction
Contributions, including the requirements for completing and returning the election forms, (v) the periods available for making Salary Reduction
Contributions, (vi) withdrawal and vesting provisions applicable to all contributions under the Plan, and (vii) information that makes it easy to obtain
additional information about the Plan such as telephone numbers, addresses and, if applicable, electronic addresses, of individuals or offices from
whom employees can obtain such plan information.
During any Plan Year in which the safe harbor requirements of Code Section 401(k)(12) and 401(m)(11) have been satisfied to the date of
amendment, the Employer may amend the Plan to eliminate or reduce the Safe Harbor Matching Contribution provided in Section 3.2(d) of the Plan,
in which case (i) the ADP and ACP testing limitations set forth in Code Section 401(k)(3) and 401(m)(2) shall apply to the Plan for the entire Plan
Year using the current year testing method and (ii) the Employer shall, no fewer than thirty (30) days prior to the date such amendment becomes
effective, deliver to each Participant a supplemental notice that informs the Participant (i) of the consequences of the amendment and the date the
elimination or reduction of the Safe Harbor Matching Contributions shall become effective and (ii) that he has the right for thirty (30) days after
receipt of such supplemental notice to change his or her elections. If the Employer amends the Plan in any Plan Year to suspend Safe Harbor
Matching Contributions, such amendment shall be effective no earlier than thirty (30) days after the Participants are given the supplemental notice
described above or the date the amendment is adopted (if later)."