Dell 2004 Annual Report Download - page 68

Download and view the complete annual report

Please find page 68 of the 2004 Dell annual report below. You can navigate through the pages in the report by either clicking on the pages listed below, or by using the keyword search tool below to find specific information within the annual report.

Page out of 80

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
  • 30
  • 31
  • 32
  • 33
  • 34
  • 35
  • 36
  • 37
  • 38
  • 39
  • 40
  • 41
  • 42
  • 43
  • 44
  • 45
  • 46
  • 47
  • 48
  • 49
  • 50
  • 51
  • 52
  • 53
  • 54
  • 55
  • 56
  • 57
  • 58
  • 59
  • 60
  • 61
  • 62
  • 63
  • 64
  • 65
  • 66
  • 67
  • 68
  • 69
  • 70
  • 71
  • 72
  • 73
  • 74
  • 75
  • 76
  • 77
  • 78
  • 79
  • 80

EXHIBIT 10.6
AMENDMENT NO. ONE TO THE
DELL INC. 401(K) PLAN
This Amendment is hereby entered into by Dell Inc., a Delaware corporation, having its principal office in Austin, Texas (hereinafter referred to as the
"Employer"):
R E C I T A L S:
WHEREAS, the Employer has previously established the Dell Inc. 401(k) Plan as amended and restated effective as of January 1, 2004, (the "Plan") for
the benefit of those employees who qualify thereunder and for their beneficiaries; and
WHEREAS, the Employer desires to amend the Plan to add a safe harbor matching contribution that will comply with the requirements under sections
401(k)(12) and 401(m)(11) of the Internal Revenue Code of 1986, as amended (the "Code"), and to revise the Plan's mandatory IRA rollover provisions to
comply with the Economic Growth and Tax Relief Reconciliation Act of 2001.
NOW, THEREFORE, pursuant to Section 13.1 of the Plan, the following amendment is hereby made, and shall be effective, as of the dates identified
below:
a. Section 1.1(t) of the Plan is hereby amended, effective as of January 1, 2005, by adding the following new sentence to the end thereof to read as
follows:
"Effective as of January 1, 2005, the Employer Contribution Account shall include Safe Harbor Matching Contributions made on behalf of a Participant
pursuant to Section 3.2(d)."
b. Section 1.1(u) of the Plan is hereby amended, effective as of January 1, 2005, by adding the following new sentence to the end thereof to read as
follows:
"Effective as of January 1, 2005, Employer Contributions shall include Safe Harbor Matching Contributions."
c. Effective as of January 1, 2005, Sections 1.1(pp) and 1.1(qq) of the Plan are hereby renumbered as Sections 1.1(rr) and 1.1(ss), respectively, and the
remaining subsections of Section 1.1 of the Plan are hereby renumbered accordingly.
d. Section 1.1 of the Plan is hereby amended, effective as of January 1, 2005, by adding the following new Section 1.1(pp) to read as follows:
"(pp)
Safe Harbor Matching Contributions: Contributions made to the Plan by the Employer pursuant to Section 3.2(d)."