Dell 2003 Annual Report Download - page 74

(aa) Highly Compensated Employee: Each Employee who performs services during the Plan Year for which the determination of who is highly
compensated is being made (the "Determination Year") and who:
(1) Is a five-percent owner of the Employer (within the meaning of Code Section 416(i)(1)(A)(iii)) at any time during the Determination Year or
the twelve-month period immediately preceding the Determination Year (the "Look-Back Year"); or
(2) During the Determination Year or the Look-Back Year received Compensation (within the meaning of Code Section 414(q)(4)), in excess of
$80,000 (with such amount to be adjusted automatically to reflect any cost-of-living adjustments authorized by Code Section 414(q)(1)).
For purposes of the preceding sentence, (i) all employers aggregated with the Employer under Code Section 414(b), (c), (m), or (o) shall be treated
as a single employer and (ii) a former Employee who had a separation year (generally, the Determination Year such Employee separates from
service) prior to the Determination Year and who was an active Highly Compensated Employee for either such separation year or any Determination
Year ending on or after such Employee's fifty-fifth birthday shall be deemed to be a Highly Compensated Employee. To the extent that the
provisions of this Paragraph are inconsistent or conflict with the definition of a "highly compensated employee" set forth in Code Section 414(q) and
the Treasury regulations thereunder, the relevant terms and provisions of Code Section 414(q) and the Treasury regulations thereunder shall govern
and control. Notwithstanding the above, the Company may apply the top paid group election permitted by Code Section 414(q).
(bb) Hour of Service: Each hour for which an individual is directly or indirectly paid, or entitled to payment, by the Employer or a Controlled Entity for
the performance of duties.
(cc) IBP Participant: IBP Participant means any employee that is participating in the Company's Annual Incentive Bonus Plan and is assigned an
employment classification of D3 or higher, as determined by the Company.
(dd) Investment Fund: Investment funds made available from time to time by the Committee for the investment of Plan assets as described in Article V.
(ee) Leased Employee: Each person who is not an employee of the Employer or a Controlled Entity but who performs services for the Employer or a
Controlled Entity pursuant to an agreement (oral or written) between the Employer or a Controlled Entity and any leasing organization, provided that
such person has performed such services for the Employer or a Controlled Entity or for related persons (within the meaning of Code Section 144(a)
(3)) on a substantially full-time basis for a period of at least one year and such services are performed under primary direction or control by the
Employer or a Controlled Entity. -6-