Dell 2007 Annual Report Download - page 136

Salary Reduction Contribution Account or the Participant's Salary Reduction Contributions for the Plan Year. The amount of Excess Salary
Deferrals to be distributed to a Participant for a taxable year will be reduced by Excess Contributions previously distributed or recharacterized for
the Plan Year beginning in the taxable year of the Employee.
(iii) If a Participant is also a participant in (A) another qualified cash or deferred arrangement defined in Code Section 401(k); (B) a simplified employee
pension defined in Code Section 408(k); or (C) a salary reduction arrangement pursuant to which an employer purchases a tax sheltered annuity
contract defined in Code Section 403(b), and such Participant's Salary Reduction Contributions made under the other arrangement(s) and this Plan
cumulatively exceed the amount of the statutory dollar limitation under Code Section 402(g) in effect on January 1 of each calendar year, as adjusted
annually by the Secretary of the Treasury ($15,500 for 2007), then the Participant may, not later than March 1 following the close of the Participant's
taxable year in which such excess occurred, notify the Administrator in writing of the excess and request that his Salary Reduction Contributions
under this Plan be reduced by an amount specified by the Participant. The specified amount then shall be distributed in the same manner as provided
in clause (i) above. A Participant is deemed to notify the Administrator of any Excess Salary Deferrals that arise by taking into account only those
Salary Reduction Contributions made to this Plan and any other plans of this Employer.
(iv) If any of the foregoing provisions of this Section do not conform with applicable Treasury Regulations, the nonconforming provisions may be
amended retroactively to assure conformity.
3.2.
Safe Harbor Matching Contributions
For each Plan Year, the Employer shall contribute a Safe Harbor Matching Contribution to the Trust Fund equal to 100% of each Participant's Salary
Reduction Contributions for the Plan Year that do not exceed (i) for Plan Years ending on or before December 31, 2007, four percent (4%) of each such
Participant's Annual Compensation for the Plan Year; and (ii) for Plan Years commencing on or after January 1, 2008, five percent (5%) of each such
Participant's Annual Compensation for the Plan Year. The Safe Harbor Matching Contribution on behalf of each Participant shall be credited to each
Participant's Safe Harbor Matching Contribution Account and shall be 100% vested at all times.
The Employer may, at its election, credit the Safe Harbor Matching Contribution for each Participant based on the portion of each Participant's Annual
Compensation that is paid each payroll period; provided, however, that in no event shall the Safe Harbor Matching Contribution be contributed to the Plan
prior to such Participant's Salary Reduction Contribution to which the Safe Harbor Matching Contribution relates. Further, pursuant to the safe harbor
requirements of Code Section 401(k)(3), the Employer shall be 3