Dell 2008 Annual Report Download - page 163

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in cash, in a single lump sum, as soon as administratively practicable following the date the QDRO is approved by the Committee. In the event that an
"alternate payee" dies prior to the date that his benefits are eligible for distribution hereunder, his benefits shall be paid to the "alternate payee's"
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.
7.5 Payer of Benefits. To the extent the Trust Fund has sufficient assets, the Trustee shall pay benefits to Members or their Beneficiaries. To the extent the
Trustee does not or cannot pay benefits out of the Trust Fund, the benefits shall be paid by the Company. Any benefit payments made to a Member for
his benefit pursuant to any provision of the Plan shall be debited to such Member's Account. All benefit payments shall be made in cash.
7.6 Unclaimed Benefits. In the case of a benefit payable to or on behalf of a Member, if the Committee after a reasonable search is unable to locate the
Member 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 Member or Beneficiary under this Section.
Notwithstanding the foregoing, if subsequent to any such forfeiture the Member or Beneficiary to whom such benefit is payable makes a valid claim for
such benefit within a reasonable (as determined by and in the discretion of the Committee) period of time following the date such benefit became
payable, such forfeited benefit shall be payable pursuant to the Plan provisions.
ARTICLE VIII.
TRANSITION RULES
8.1 Deferral Elections for Plan Years 2005 and 2006. After enactment of Code Section 409A and pending the issuance of the Treasury Regulations
pursuant to such Code Section, deferral elections were administered in the following manner:
(a) Members were required to make an election to defer Annual Compensation in 2005 before December 31, 2004 in a manner consistent with the
Proposed Regulations issued under Code Section 409A.
(b) Members were required to make an election to defer Annual Compensation in 2006 before December 31, 2005 in a manner consistent with the
Proposed Regulations issued under Code Section 409A.
(c) Members were required to make an election to defer Annual Compensation in 2007 before December 31, 2006 in a manner consistent with the
Treasury Regulations issued under Code Section 409A.
(d) Members were required to make an election to defer Annual Compensation in 2008 before December 31, 2007 in a manner consistent with the
Proposed Regulations issued under Code Section 409A. -14-