Dell 2007 Annual Report Download - page 121

without having designated a Beneficiary and/or alternative Beneficiary; or if a Participant who is not married dies after having made and revoked a
designation but prior to having made a subsequent designation, then the amount remaining in the deceased Participant's Individual Account shall be
payable to (i) the Participant's executor or administrator, or (ii) his heirs at law (as determined by reference to Texas law) if there is no
administration of such Participant's estate.
Payment made pursuant to the power conferred on the Committee in this Section shall operate as a complete discharge of all obligations under the Plan
concerning the share of a deceased Participant and shall not be subject to review by anyone but shall be final, binding and conclusive on all persons for all
purposes.
1.11.
Break In Service
(a) A Break in Service means a Period of Severance of at least 365 days. A Period of Severance means a continuous period of time during which an
Employee is not employed by the Employer. Such period shall begin on the date the Employee retires, quits, is discharged, or dies, or, if earlier, the
twelve (12) month anniversary of the date on which the Employee was otherwise first absent from work.
(b) An Employee shall receive credit for purposes of determining whether he has incurred a Break in Service under Subsection (a) above for the aggregate
of all time period(s) commencing with such Employee's Employment Commencement Date (including such day following reemployment) and ending
on the date a Break in Service begins. An Employee shall also receive credit for any Period of Severance of less than 365 days. Fractional periods of a
year shall be expressed in terms of days.
(c) In the case of an Employee who is absent from work for "authorized reasons" or for "maternity or paternity reasons," the 365-day period beginning on
the first anniversary of the first day of such absence shall not be a Break in Service.
(i) For purposes of this Subsection (c), absence from work for "authorized reasons" means an unpaid temporary cessation from active employment with
the Employer pursuant to an established nondiscriminatory policy, whether occasioned by illness, military service or any other reason.
(ii) For purposes of this Subsection (c), absence from work for "maternity or paternity reasons" means an absence from work for any period because of
the pregnancy of the individual, the birth of a child of the individual, the placement of a child with the individual relating to the adoption of such
child by such individual, or for the purpose of caring for such child for a period beginning immediately following such birth or placement. In the
case of absence from work for "maternity or paternity reasons," the period between the first and second anniversaries of the first date of absence due
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