Dell 2007 Annual Report Download - page 119

Notwithstanding the foregoing, Annual Compensation includes contributions that are made by the Employer on behalf of its Employees that are not
includable in gross income under Code Section 125 relating to a cafeteria plan; Code Section 402(g) relating to a "401(k)" plan; and Code
Section 132(f)(4) relating to a qualified transportation fringe benefit. For purposes of the foregoing, these amounts are payable as part of a Participant's
base salary and/or hourly pay.
(b) In addition to other applicable limitations set forth in the Plan, and notwithstanding any other provision of the Plan to the contrary, the Annual
Compensation of each Employee taken into account under the Plan shall not exceed $200,000, pursuant to Appendix A.1.3, as adjusted by the
Commissioner for increases in the cost of living in accordance with Code Section 401(a)(17)(B). The cost-of-living adjustment in effect for a calendar
year applies to any period, not exceeding twelve (12) months, over which compensation is determined ("determination period") beginning in such
calendar year. If a determination period consists of fewer than twelve (12) months, the Annual Compensation limit will be multiplied by a fraction, the
numerator of which is the number of months in the determination period, and the denominator of which is twelve (12).
(c) For purposes of determining whether the Plan discriminates in favor of Highly Compensated Employees, Annual Compensation means Annual
Compensation defined in this Section, except any exclusions from Annual Compensation other than the exclusions described in clauses (a)(i), (ii), (iii),
(iv), and (v), if applicable, do not apply.
1.10.
Beneficiary
(a) Beneficiary means any person or fiduciary designated by a Participant or Former Participant who is or may become entitled to receive benefits under
Article VII following the death of the Participant or Former Participant. A Beneficiary who becomes entitled to a benefit under the Plan shall remain a
Beneficiary under the Plan until the Trustee has fully distributed the benefits to the Beneficiary. A Beneficiary's right to information or data concerning
the Plan, and the respective duties of the Administrator, the Committee and the Trustee to provide to the Beneficiary information or data concerning the
Plan, shall not arise until the Beneficiary first becomes entitled to receive a benefit under the Plan. For purposes of determining whether the Plan is a
Top-Heavy Plan, a Beneficiary of a deceased Participant shall be considered a Key Employee or a Non-Key Employee in accordance with the
applicable Treasury Regulations.
(b) Each Participant and Former Participant may from time to time designate one or more Beneficiaries to receive benefits under this Plan on the death of
the Participant or Former Participant. The selection shall be made in writing on a form provided by the Committee and shall be filed with the
Committee. Subject to Subsection (c) below, the last selection filed with the Committee shall control.
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