Dell 2008 Annual Report Download - page 137

requirement of further consent by such spouse, and (3) is witnessed by a Plan representative (other than the Participant) or a notary public, or
(b) the consent of such spouse cannot be obtained because such spouse cannot be located or because of other circumstances that the Committee in
its discretion determines warrants a waiver of such consent. Any such consent by such surviving spouse shall be irrevocable.
(b) If at the time of the death of the Participant no beneficiary designation form is on file with the Committee, or such beneficiary designation form is
not valid or effective for any reason as determined by the Committee, then the designated beneficiary or beneficiaries to receive such benefit shall
be as follows and in the same priority:
(1) If a Participant has a surviving spouse at the time of such Participant's death, his designated beneficiary shall be such surviving spouse;
(2) If a Participant has no surviving spouse at the time of such Participant's death, his designated beneficiary shall be such Participant's
executor or administrator of such Participant's estate; or
(3) If there is no administrator of such Participant's estate, his heirs at law.
8.5 Payments Pursuant to a Qualified Domestic Relations Order. To the extent that a Participant's benefits are partitioned under a Qualified Domestic
Relations Order ("QDRO") pursuant to Section 13.2 hereof, the "alternate payee's" benefits shall be paid in cash, in a single lump sum, as soon as
administratively practicable following the later of (i) the date the QDRO is approved by the Committee, or (ii) the date the alternate payee's right to
receive a distribution of his Participant's Company Credits Account is fully vested as provided in Section 7.2 above. In the event that an alternate payee
dies prior to the date that his benefits are eligible for distribution hereunder, his benefits shall be fully vested and shall be paid to the alternate payee's
designated beneficiary as soon as administratively feasible following his date of death. Payments made to an alternate payee, or an alternate payee's
beneficiary, shall be in the form of a single lump sum cash payment.
8.6 Payer of Benefits. To the extent the Trust Fund has sufficient assets, the Trustee shall pay benefits to Participants or their beneficiaries, except to the
extent an Employer pays the benefits directly. To the extent the Trustee does not or cannot pay benefits out of the Trust Fund, the benefits shall be paid
by an Employer. Any benefit payments made to a Participant or for his benefit pursuant to any provision of the Plan shall be debited to such
Participant's Individual Account. All benefit payments shall be made in cash.
8.7 Unclaimed Benefits. In the case of a benefit payable to or on behalf of a Participant, if the Committee after a reasonable search is unable to locate the
Participant or beneficiary to whom such benefit is payable, upon the Committee's determination thereof, such benefit shall be forfeited to the Company.
The Committee shall adopt procedures concerning the process that will be followed to locate a Participant or beneficiary under this Section.
Notwithstanding the foregoing, if subsequent to any such forfeiture the Participant or beneficiary to whom such benefit is payable makes a valid claim
for such benefit within a -25-