Dell 2007 Annual Report Download - page 196

power of all stock of the Employer; or in the case of an unincorporated business, any person who owns more than one percent (1%) of the
capital or profits interest in the Employer.)
(iv) Notwithstanding the foregoing, Key Employee shall have the meaning set forth in Code Section 416(i), as amended.
(v) For purposes of determining whether an Employee or Former Employee is an officer under this Subsection (g), an officer of the Employer
shall have the meaning set forth in the regulations under Code Section 416(i).
(vi) For purposes of this Section, annual compensation means "Compensation" as determined under the definition of Highly Compensated
Employee in Section 1.27.
(vii) For purposes of determining ownership hereunder, entities that would otherwise be aggregated as Related Employers shall be treated as
separate entities.
(h) Non-Key Employee means any Employee or Former Employee, or Beneficiary of the Employee, who is not a Key Employee.
(i) Present Value of Accrued Benefit. Solely for the purpose of determining if the Plan, or any other plan included in a Required Aggregation Group
of which this Plan is a part, is a Top-Heavy Plan, the Accrued Benefit of a Non-Key Employee shall be determined under (i) the method, if any,
that uniformly applies for accrual purposes under all plans maintained by the Related Employers, or (ii) if there is no uniform method, in
accordance with the slowest accrual rate permitted under the fractional accrual method described in Code Section 411(b)(1)(C). To calculate the
Present Value of Accrued Benefits from a defined benefit plan, the Committee will use the actuarial assumptions for interest and mortality only,
prescribed by the defined benefit plan(s) to value benefits for Top-Heavy purposes. If an aggregated plan does not have a Valuation Date
coinciding with the Determination Date, the Committee must value the Accrued Benefits in the aggregated plan as of the most recent Valuation
Date falling within the twelve (12) month period ending on the Determination Date, except as Code Section 416 and applicable Treasury
Regulations require for the first and second plan year of a defined benefit plan. The Committee will determine whether a plan is Top-Heavy by
referring to Determination Dates that fall within the same calendar year.
Notwithstanding the foregoing, pursuant to Appendix A.1.4(b)(i) the Present Values of Accrued Benefits and the amounts of Account Balances
of an Employee as of the Determination Date shall be increased by the distributions made with respect to the Employee under the Plan and any
plan aggregated with the Plan under Code Section 416(g)(2) during the one (1) year period ending on the Determination Date. The preceding
sentence shall also apply to distributions under a terminated plan which, had it not been terminated, would have been
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