Dell 2007 Annual Report Download - page 193

ARTICLE XVI
Top Heavy Provisions
16.1. Top-Heavy Plan Status/Super Top-Heavy Plan Status
For purposes of determining Top-Heavy Plan status/super Top-Heavy Plan status, each Participating Employer and its Related Employers shall be
deemed to maintain a separate plan. Related Employers shall be considered a single employer for purposes of applying the limitations of this Section.
However, Participating Employers who are not Related Employers, but receive the services of Employees of the Employer under an employee leasing
arrangement shall be treated as separate employers for purposes of these top-heavy rules.
A Plan shall be a Top-Heavy Plan in any Plan Year in which, as of the Determination Date, (i) the Present Value of Accrued Benefits of Key
Employees, or (ii) the sum of the Aggregate Accounts of Key Employees of any plan of an Aggregation Group, exceeds sixty percent (60%) of the
Present Value of Accrued Benefits or Aggregate Accounts of all Participants under this Plan and any plan of an Aggregation Group.
If any Participant is a Non-Key Employee for any Plan Year, but the Participant was a Key Employee for any prior Plan Year, the Participant's
Aggregate Account balance shall not be taken into account in determining whether this Plan is a Top-Heavy Plan (or whether any Aggregation Group
which includes this Plan is a Top-Heavy Group) as further defined in Code Section 416(g) and the applicable Treasury Regulations.
For purposes of determining Top-Heavy status, the following definitions shall apply:
(a) Aggregate Account means, as of the Determination Date, the sum of:
(i) the Participant Contribution Account and Employer Contribution Account balances as of the most recent Valuation Date occurring within a
twelve (12) month period ending on the Determination Date;
(ii) the contributions that would be allocated as of a date not later than the Determination Date, even though those amounts are not yet made or
required to be made;
(iii) any plan distributions made during the Determination Period (however, in the case of distributions made after the Valuation Date and prior
to the Determination Date, such distributions are not included as distributions for Top-Heavy purposes to the extent that the distributions
are already included in the Participant's Aggregate Account balance as of the Valuation Date);
(iv) any Employee contributions, whether voluntary or mandatory;
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