Dell 2003 Annual Report Download - page 101
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Account after the Effective Date be less than such Vested Interest would have been had the Plan provisions prior to such date been in effect.
(4) Notwithstanding Subsection 7.4(a)(2), a Participant shall have a 100% Vested Interest in his Employer Contribution Account upon the
earliest to occur of (i) the attainment of his Normal Retirement Date while employed by the Employer or a Controlled Entity, (ii) the date
such Participant is determined by the Committee to be "totally and permanently disabled" (as later defined in this Subsection), (iii) the death
of such Participant while an Employee or an employee of a Controlled Entity, or (iv) if such Participant is an affected Participant, the
occurrence of an event described in, and under the conditions set forth in, Article XIV. For purposes of Clause (ii) of the preceding sentence,
"totally and permanently disabled" shall mean either "totally and permanently disabled" as defined in Section 7.2 or a determination by the
Committee that, because of physical or mental reasons, the Participant is permanently incapable of performing any duties for the Employer
or a Controlled Entity.
(b) Crediting of Vesting Service.
(1) For the period preceding the Effective Date, subject to the provisions of Section 7.4(c), an individual shall be credited with Vesting Service
in an amount equal to all service credited to him for vesting purposes under the Plan as it existed on the day prior to the Effective Date.
(2) On and after the Effective Date, subject to the remaining Subsections of this Section and to the provisions of Section 7.4(c), an individual
shall be credited with Vesting Service in an amount equal to his aggregate Periods of Service whether or not such Periods of Service are
completed consecutively. The completion of 365 days of Periods of Service shall constitute one year of Vesting Service.
(c) Forfeiture of Vesting Service.
(1) In the case of an individual who terminates employment with the Employer and all Controlled Entities at a time when he has a 0% Vested
Interest in his Employer Contribution Account and who then incurs a Period of Severance that equals or exceeds the greater of five years or
his aggregate Periods of Service completed before such Period of Severance, such individual's Periods of Service completed before such
Period of Severance shall be forfeited and completely disregarded in determining his years of Vesting Service.
(2) In the case of a Participant who terminates employment with the Employer and all Controlled Entities at a time when he has a Vested
Interest in his Employer Contribution Account of more than 0% but less than 100% and then incurs a Period of Severance of five
consecutive years, such -33-