Dell 2007 Annual Report Download - page 143

under Code Section 410(b)(1) by accruing benefits for fewer than all such Includable Employees.
(e) If the Plan suspends the accrual requirements for an Includable Employee, that Employee will share in the allocation of Employer contributions and
Participant Forfeitures, if any, without regard to whether he is employed by the Employer on the last day of the Plan Year.
(f) If the Employer's Plan includes Employer matching contributions subject to Code Section 401(m), this suspension of accrual requirements shall
apply separately to the Code Section 401(m) portion of the Plan, and the Committee will treat an Employee as benefiting under that portion of the
Plan if the Employee is an "eligible employee" for purposes of the Code Section 401(m) nondiscrimination test.
(g) For purposes of the ratio percentage test under Code Section 410(b)(1), an Employee is benefiting under the Plan on a particular date if he or she is
entitled to an allocation for the Plan Year under this Section or as otherwise provided under applicable Treasury Regulations.
5.4.
Limitations on Allocations under Code Section 415
(a) Defined Contribution Plan Limits. The amount of Annual Additions which the Committee may allocate under this Plan on a Participant's behalf for a
Limitation Year may not exceed the Maximum Permissible Amount. If the amount the Employer otherwise would contribute to the Participant's
Individual Account would cause the Annual Additions for the Limitation Year to exceed the Maximum Permissible Amount, the Employer will
reduce the amount of its contribution so the Annual Additions for the Limitation Year will equal the Maximum Permissible Amount. If an allocation
of Employer contributions pursuant to Article V would result in an Excess Amount (other than an Excess Amount resulting from the circumstances
described in Subsection 5.4(c)) to the Participant's account, the Committee will reallocate the Excess Amount to the remaining Participants who are
eligible for an allocation of Employer contributions for the Plan Year in which the Limitation Year ends. The Committee will make this reallocation
on the basis of the allocation method under the Plan as if the Participant whose Individual Account otherwise would receive the Excess Amount is
not eligible for an allocation of Employer contributions.
(b) Estimation. Prior to the determination of the Participant's actual 415 Compensation for a Limitation Year, the Committee may determine the
Maximum Permissible Amount on the basis of the Participant's estimated 415 Compensation (as defined in Subsection 5.4(e) for the Limitation
Year). The Committee must make this determination on a reasonable and uniform basis for all Participants similarly situated. The Committee must
reduce any Employer contributions (including any allocation of Forfeitures) based on estimated 415 Compensation by any Excess Amounts carried
over from prior years. As soon as 3