Dell 2007 Annual Report Download - page 150

(i) A distribution will be considered to satisfy an immediate and heavy need of a Participant if the distribution is for:
(A) expenses incurred for or necessary to obtain medical care that would be deductible under Code Section 213(a) (determined without
regard to whether the expenses exceed 7.5% of adjusted gross income), of the Participant, the Participant's spouse, children, or
dependents;
(B) costs directly related to the purchase, excluding mortgage payments, of a principal residence for the Employee;
(C) payment of tuition, related educational fees, and room and board expenses, for up to the next twelve (12) months of post-secondary
education for the Participant, the Participant's spouse, children or dependents (as defined in Code Section 152, and, for taxable years
beginning on or after January 1, 2005, without regard to Code Section 152(b)(1), (b)(2) and (d)(1)(B));
(D) payment necessary to prevent the eviction of the Employee from, or a foreclosure on the mortgage of, the Employee's principal
residence;
(E) payment for burial or funeral expenses for the Participant's deceased parent, spouse, children or dependents (as defined in Code
Section 152, and, for taxable years beginning on or after January 1, 2005, without regard to Code Section 152(d)(1)(B)); or
(F) expenses for the repair of damage to the Participant's principal residence that would qualify for the casualty deduction under Code
Section 165 (determined without regard to whether the loss exceeds 10% of adjusted gross income).
(ii) A distribution will be considered necessary to satisfy an immediate and heavy financial need of a Participant who lacks other available
resources only if:
(A) the Participant has obtained all distributions, other than hardship distributions, and all nontaxable loans under all plans maintained by
the Employer; and
(B) the distribution is not in excess of the amount of an immediate and heavy financial need, including amounts necessary to pay any
federal, state or local income taxes or penalties reasonably anticipated to result from the distribution.
(iii) In addition to the conditions above: 10