Dell 2007 Annual Report Download - page 142

with the Employer during the Plan Year on account of death, Total and Permanent Disability or retiring after attaining his Normal Retirement Date,
shall be entitled to have any Employer Retirement Savings Contributions allocated to his Individual Account, unless the Participant shall be
employed by the Employer on the Anniversary Date for the Plan Year.
(b) Allocation Formula. The Committee shall allocate the Employer Retirement Savings Contributions and Participant Forfeitures, if any, to each
eligible Participant's Employer Retirement Savings Contribution Account in the same ratio that each Participant's Annual Compensation for the Plan
Year bears to the total Annual Compensation of all Participants for the Plan Year.
5.3.
Suspension of the Allocation Rules Applicable to Employer Retirement Savings Contributions in order to Satisfy Code Section 410(b)
Requirements
For any Plan Year, if the allocation of the Employer Retirement Savings Contribution to eligible Participants fails to satisfy the ratio percentage test under
Code Section 410(b)(1)(B) for the Plan Year, the Employer may elect to suspend the requirements to share in the allocation of such contribution for such
Plan Year. If this paragraph applies for a Plan Year, the Committee will suspend the requirements to share in the allocation of the Employer Retirement
Savings Contribution for a given Plan Year in the following manner.
(a) The Committee will identify the termination date for each Participant who terminated employment with the Employer during the Plan Year. The
Committee shall then designate as "Includable Employees" all such Participants other than: (i) those individuals excluded from participating in the
Plan for the entire Plan Year under Section 2.1(c) and (ii) any Participant who terminates employment with the Employer during the Plan Year and
fails to complete at least 91 consecutive calendar days for such Plan Year.
(b) The Committee will suspend the accrual requirements for Includable Employees who are Participants, beginning first with the Includable
Employee(s) employed with the Employer on the next to last day of the Plan Year.
(c) If the Plan does not satisfy the ratio percentage test under Code Section 410(b)(1) once the accrual requirements for the individuals identified in
(b) above are suspended, the Committee shall suspend the accrual requirements for the Includable Employee(s) who have the next latest termination
of employment date during the Plan Year, and continuing to suspend in descending order the accrual requirements for each Includable Employee
who terminated employment, from the latest to the earliest termination date, until the Plan satisfies the ratio percentage test under Code Section
410(b)(1) the Plan Year.
(d) If two or more Includable Employees terminated employment on the same day, the Committee will suspend the accrual requirements for all such
Includable Employees, irrespective of whether the Plan can satisfy the ratio percentage test
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