Dell 2004 Annual Report Download - page 71

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k. Section 4.2 of the Plan is hereby amended, effective as of January 1, 2005, by adding the following new subsection (g) to the end thereof to read as
follows:
"(g) Safe Harbor Matching Contributions made by the Employer pursuant to Section 3.2(d) shall be allocated to the Employer Contribution Accounts of
the Participants for whom such contributions were made."
l. Section 4.6 of the Plan is hereby amended, effective as of January 1, 2005, by deleting Section 4.6(b)(1) in its entirety and replacing in lieu thereof the
following:
"(1) First, any such excess Annual Additions in the form of Salary Reduction Contributions on behalf of such Participant that would not have been
considered in determining the amount of Employer Matching Contributions or Safe Harbor Matching Contributions pursuant to Section 3.2 shall be
distributed to such Participant, adjusted for income or loss allocated thereto;"
m. Section 4.6 of the Plan is hereby amended, effective as of January 1, 2005, by deleting Section 4.6(b)(2) in its entirety and replacing in lieu thereof the
following:
"(2) Next, any such excess Annual Additions in the form of Salary Reduction Contributions on behalf of such Participant that would have been considered
in determining the amount of Employer Matching Contributions or Safe Harbor Matching Contributions pursuant to Section 3.2 shall be distributed to
such Participant, adjusted for income or loss allocated thereto, and the Employer Matching Contributions or Safe Harbor Matching Contributions that
would have been allocated to such Participant's Accounts based upon such distributed Salary Reduction Contributions shall, to the extent such
amounts would have otherwise been allocated to such Participant's Accounts, be treated as a forfeiture."
n. Section 6.2(a) of the Plan is hereby amended, effective as of January 1, 2005, by inserting the following new sentence to the end thereof to read as
follows:
"Notwithstanding the foregoing, Safe Harbor Matching Contributions and any earnings thereon shall not be eligible for financial hardship withdrawals."
o. Section 7.4(a)(2) of the Plan is hereby amended, effective as of January 1, 2005, by inserting the following new sentence to the end thereof to read as
follows:
"Effective as of January 1, 2005, any Participant that is actively employed by an Employer on January 1, 2005 per HR Direct shall have a 100% Vested
Interest in his Employer Contribution Account."
p. Section 7.4(e) of the Plan is hereby amended, effective as of January 1, 2005, by inserting the following new sentence to the end thereof to read as
follows: