Dell 2006 Annual Report Download - page 165

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restoration of all Code Section 411(d)(6) protected benefits pertaining to that restored Account under applicable Treasury regulations.
Notwithstanding the foregoing, if the value of such re-employed Participant's vested Employer Contribution Account was zero and the Participant
had made Salary Reduction Contributions to the Plan prior to separating from Service, such Participant shall not be considered nonvested under the
Plan and shall be entitled to restoration of amounts forfeited from his Employer Contribution Account only if he or she satisfies the repayment
requirements described in this Section. Notwithstanding anything to the contrary in the Plan, forfeited amounts to be restored by the Employer
pursuant to this Section shall be charged against and deducted from forfeitures for the Plan Year in which such amounts are restored. If such
forfeitures otherwise available are not sufficient to provide such restoration, the portion of such restoration not provided by forfeitures shall be
charged against and deducted from Employer Retirement Savings Contributions otherwise available for allocation to other Participants, and any
additional amount needed to restore such forfeited amounts shall be a minimum required Employer Retirement Savings Contribution (which shall be
made without regard to current or accumulated earnings and profits)."
14. Section 8.5 of the Plan is hereby amended, as underlined, to be and read as follows:
"8.5 Direct Rollover Election. Notwithstanding any provisions of the Plan to the contrary that would otherwise limit a Distributee's election under this
Section, a Distributee may elect, at the time and manner prescribed by the Committee, to have all or any portion of an Eligible Rollover Distribution
(other than any portion attributable to the offset of an outstanding loan balance of such Participant pursuant to the Plan's loan procedure) paid directly to
an Eligible Retirement Plan specified by the Distributee in a Direct Rollover. The preceding sentence notwithstanding, a Distributee may elect a Direct
Rollover pursuant to this Section only if such Distributee's Eligible Rollover Distributions during the Plan Year are reasonably expected to total $200 or
more. Furthermore, if less than 100% of the Participant's Eligible Rollover Distribution is to be a Direct Rollover, the amount of the Direct Rollover
must be $500 or more. Prior to any Direct Rollover pursuant to this Section, the Committee may require the Distributee to furnish the Committee with a
statement from the plan, account, or annuity to which the benefit is to be transferred verifying that such plan, account, or annuity is, or is intended to be,
an Eligible Retirement Plan. If the Eligible Retirement Plan contains a cash or deferred arrangement, the Trustee must reasonably conclude, prior to
permitting a Direct Rollover, that the transferee plan will continue the distribution restrictions described in Section 6.2 on any amounts included in the
Direct Rollover that are attributable to the Participant's Salary Reduction Contributions. Notwithstanding the above, any financial hardship withdrawal
made to a Participant pursuant to Article VI shall not qualify as an Eligible Rollover Distribution and the Participant shall not be entitled to make a
direct rollover election with respect to such distribution."
7