Dell 2004 Annual Report Download - page 69

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e. Section 1.1 of the Plan is hereby amended, effective as of January 1, 2005, by adding the following new Section 1.1(qq) to read as follows:
"(qq)
Safe Harbor Notice: The written notice provided to each Participant that satisfies the requirements of Section 3.2(d)."
f. Section 2.4 of the Plan is hereby amended, effective as of January 1, 2005, by adding the following new Subsection (d) to the end thereof to read as
follows:
"(d) In addition to the Safe Harbor Matching Contribution provided for in Section 3.2(d), the Employer may make an Employer Safe Harbor Matching
Contribution to the Safe Harbor Matching Contribution sub-account of each Spherion Employee permitted to Participate in the Plan pursuant to
Section 2.4 of the Plan in an amount equal to 4% of the Employee's Compensation."
g. Section 3.1(g) 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 requirements of Code Section 401(k)(3) will be satisfied by the Safe Harbor Matching Contributions pursuant to the
safe harbor provided under Code Section 401(k)(12)."
h. Section 3.2(a) 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 shall cease Matching Contributions to the Plan under this Section 3.2(a), except as may be required under
the Plan with respect to periods prior to January 1, 2005."
i. Section 3.2(c) 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 requirements of Code Section 401(m)(2) will be satisfied by the Safe Harbor Matching Contributions pursuant to the
safe harbor provided under Code Section 401(m)(11)."
j. Section 3.2 of the Plan is hereby amended, effective as of January 1, 2005, by adding the following new Subsection (d) to the end thereof to read as
follows:
"(d) Effective as of January 1, 2005, the Employer shall contribute to the Trust for each pay period, as Safe Harbor Matching Contributions, an amount
that equals 100% of the Salary Reduction Contributions that were made pursuant to Section 3.1 on behalf of each of the Participants during such pay
period and that were not in excess of 4% of each such Participant's Considered Compensation for such pay period. Safe Harbor Matching
Contributions shall be 100% vested and nonforfeitable at all times and shall be allocated to the Employer Contribution Account of each Participant.