Dell 2008 Annual Report Download - page 130

event of such termination, the amounts credited to the Participant's Individual Accounts attributable to Grandfathered Benefits shall be payable to
him only in accordance with Article VIII.
(b) Fixed Schedule In-Service Distributions with Respect to Grandfathered Benefits.
(1) Consistent with the Plan's prior terms and operation, a Participant may at any time make an irrevocable election, effective as of the first day
of the next Plan Year, to have all or a portion of his Individual Accounts attributable to Grandfathered Benefits, determined as of the date
his election is made, paid to him (i) on a fixed date, or (ii) pursuant to a two- to five-year annual installment schedule specified in such
election. Payments under the preceding sentence shall commence at least one (1) year following the date that such election is submitted to
the Committee in writing.
(2) The amount of the payment pursuant to an election under this Subsection shall be stated in the election, shall be a fixed dollar amount and
shall not be adjusted for earnings or losses.
(3) Once an in-service distribution election has been filed with the Committee, such election may be modified by the Participant to provide
that the date on which distribution is to be made or commence shall be a subsequent date; provided, however, that a Participant may not
elect to extend the date on which distribution is to be made or commence during the two (2) year period immediately preceding the
designated date on which distribution is to be made or commence.
(4) A Participant may have only one fixed schedule in-service distribution election under this Subsection outstanding at any time.
(5) If a Participant separates from service prior to the date on which payment is to be made or commence or, in the case of installment
payments, prior to the distribution of all such payments, his election shall be terminated and his Individual Account shall be distributed as
provided in Section 8.2 below.
(c) Involuntary Distributions at the Committee's Direction. Notwithstanding anything contained in the Plan to the contrary, if at any time any
Participant is finally determined by the Internal Revenue Service or the U.S. Department of Labor not to qualify as a member of a select group of
"management or highly compensated employees" as such term is used in ERISA Section 401(a)(1), the Committee may, in its sole discretion,
immediately distribute in one lump sum cash payment to such Participant the balance of his Individual Account to attributable to Grandfathered
Benefits. A final determination of the Internal Revenue Service or the U.S. Department of Labor shall be deemed to have occurred when a
decision rendered by the Internal Revenue Service or the U.S. Department of Labor is no longer subject to administrative appeal within such
agency. In addition, the Committee may, in its exclusive and sole discretion, cause the Plan to make a distribution to a Participant
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