Dell 2003 Annual Report Download - page 135
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or any Controlled Entity at any time during the five-year period ending on the applicable Determination Date shall not be considered.
17.4 Top-Heavy Vesting Schedule. If the Plan is determined to be top-heavy for a Plan Year, the Vested Interest in the Employer Contribution Account of
each Participant who is credited with an Hour of Service during such Plan Year shall be determined in accordance with the following schedule:
Years of Vesting Service Vested Interest
Less than 1 year 0%
1 year 20%
2 years 40%
3 years 60%
4 years 80%
5 years or more 100%
17.5 Top-Heavy Contribution.
(a) If the Plan is determined to be top-heavy for a Plan Year, the Employer shall contribute to the Plan for such Plan Year on behalf of each Participant
who is not a Key Employee and who has not terminated his employment as of the last day of such Plan Year an amount equal to:
(b) The lesser of (i) 3% of such Participant's Remuneration for such Plan Year or (ii) a percent of such Participant's Remuneration for such Plan Year
equal to the greatest percent determined by dividing for each Key Employee the amounts allocated to such Key Employee's Salary Reduction
Contribution Account and Employer Contribution Account for such Plan Year by such Key Employee's Remuneration; reduced by
(c) The amount of Employer Retirement Savings Contributions allocated to such Participant's Employer Contribution Account for such Plan Year.
(1) The minimum contribution required to be made for a Plan Year pursuant to this Section for a Participant employed on the last day of such
Plan Year shall be made regardless of whether such Participant is otherwise ineligible to receive an allocation of the Employer's
contributions for such Plan Year.
(2) Notwithstanding the foregoing, if the Plan is deemed to be top-heavy for a Plan Year, the Employer's contribution for such Plan Year
pursuant to this Section shall be increased by substituting "4%" in lieu of "3%" in Clause (i) hereof to the extent that the Directors determine
to so increase such contribution to comply with the provisions of Code Section 416(h)(2).
(d) Notwithstanding the foregoing, no contribution shall be made pursuant to this Section for a Plan Year with respect to a Participant who is a
participant in another defined contribution plan sponsored by the Employer or a Controlled
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