Dell 2006 Annual Report Download - page 159
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Exhibit 10.8
AMENDMENT NO. 3 TO THE
DELL INC. 401(K) PLAN
This Amendment is hereby entered into by Dell Inc., a Delaware corporation, having its principal office in Round Rock, Texas (hereinafter referred to as
"Employer"):
R E C I T A L S:
WHEREAS, the Employer has previously established the Dell Inc. 401(k) Plan (the "Plan") for the benefit of those employees who qualify thereunder and
for their beneficiaries; and
WHEREAS, the Employer most recently amended and restated the Plan effective January 1, 2003; and
WHEREAS, the Employer desires to amend the Plan to comply with provisions of the final regulations under Treasury Regulation Section 1.401(k) and
Treasury Regulation Section 1.401(m) that are effective for Plan Years beginning on and after January 1, 2006; and
NOW, THEREFORE, pursuant to Section 13.1 of the Plan, the following amendment is hereby made, and shall be effective January 1, 2006:
1. Subsection 3.1(c) of the Plan is hereby amended, as underlined, to be and read as follows:
"(c) A Participant's election to defer an amount of his Considered Compensation and Bonus, if any, shall be made by authorizing his Employer, in the
manner prescribed by the Committee, to reduce his Considered Compensation (and, for the 2003 Plan Year, Bonus, if any), in the elected amount,
and the Employer, in consideration thereof, agrees to contribute an equal amount to the Plan. A Participant's election made pursuant to this
Subsection shall be implemented as soon as administratively practicable after such election is made.
A Participant's Considered Compensation deferral election shall remain in force and effect for all periods following its implementation until
modified in accordance with Subsection 3.1(c) or canceled in accordance with Subsection 3.1(d) or until such Participant ceases to be an Eligible
Employee. For the 2003 Plan Year, a Participant's Bonus deferral election shall remain in force and effect until the end of the Plan Year for which
such election was made unless earlier modified in accordance with Subsection 3.1(c) or canceled in accordance with Subsection 3.1(d) or until such
Participant ceases to be an Eligible Employee. The Company shall pay to a Participant any Considered Compensation and Bonus for a Plan Year not
deferred under this Plan. Any Contributions made pursuant to a deferral election shall not be made before the earlier of (1) the Participant's
performance of Service with respect to which the Contribution is made and (2)