Dell 2007 Annual Report Download - page 163

fail to be an eligible rollover distribution merely because the portion consists of after-tax employee contributions which are not includable in
gross income. However, such portion may be transferred only to an individual retirement account or annuity described in Code Sections
408(a) or 408(b), or to a qualified defined contribution plan described in Code Sections 401(a) or 403(a) that agrees to separately account for
amounts so transferred, including separately accounting for the portion of such distribution which is includable in gross income and the
portion of such distribution which is not so includable.
(ii) Eligible Retirement Plan is an individual retirement account described in Code Section 408(a) an individual retirement annuity plan described
in Code Section 408(b) an annuity plan described Code Section 403(a), an annuity contract described in Code Section 403(b) and an eligible
plan under Code Section 457(b) which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or
political subdivision of a state and which agrees to separately account for amounts transferred into such plan from this Plan, or a qualified trust
described in Code Section 401(a) that accepts the Distributee's Eligible Rollover Distribution. The definition of eligible retirement plan shall
also apply in the case of a distribution to a surviving spouse, or to a spouse or former spouse who is the alternate payee under a Qualified
Domestic Relations Order.
(iii) Distributee. A Distributee includes an Employee or former Employee. In addition, the Employee's or former Employee's Surviving Spouse
and the Employee's or former Employee's spouse or former spouse who is the alternate payee under a qualified domestic relations order, as
defined in Code Section 414(p) are Distributees with regard to the interest of the spouse or former spouse.
(iv) Direct Rollover. A Direct Rollover is a payment by the plan to the Eligible Retirement Plan specified by the Distributee.
9.3. Election to Receive Benefits
(a) Notwithstanding the foregoing, a Participant who leaves the employment of the Employer before his or her Normal Retirement Date may elect to
leave his or her Nonforfeitable Account Balance until Normal Retirement Date. The Trustee shall, subject to the Participant's direction, if any, invest
and reinvest and shall credit and charge the Individual Accounts with their proportionate share of gains and losses of the Trust Fund pursuant to
Article V until the Nonforfeitable Account Balance is paid out to the Former Participant under this Article. Any election made under this Section
shall be irrevocable and shall be made no later than fourteen (14) days before the electing Participant becomes entitled to receive his or her
Nonforfeitable Account Balance in the Plan. Notwithstanding the foregoing, a Participant who has elected to leave his or her Nonforfeitable
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