Dell 2000 Annual Report Download - page 57

(2) If a Participant has no surviving spouse at the time
of such Participant's death, his designated
beneficiary shall be such Participant's executor or
administrator or, if there is no administration of
such Participant's estate, his heirs at law.
8.6 PAYER OF BENEFITS. To the extent the Trust Fund has sufficient assets,
the Trustee shall pay benefits to Participants or their beneficiaries,
except to the extent the Company pays the benefits directly. To the
extent the Trustee does not or cannot pay benefits out of the Trust
Fund, the benefits shall be paid by the Company. Any benefit payments
made to a Participant or for his benefit pursuant to any provision of
the Plan shall be debited to such Participant's Accounts. All benefit
payments shall be made in cash.
8.7 UNCLAIMED BENEFITS. In the case of a benefit payable to or on behalf of
a Participant, if the Committee after a reasonable search is unable to
locate the Participant or beneficiary to whom such benefit is payable,
upon the Committee's determination thereof, such benefit shall be
forfeited to the Company. The Committee shall adopt procedures
concerning the process that will be followed to locate a Participant or
beneficiary under this Section. Notwithstanding the foregoing, if
subsequent to any such forfeiture the Participant or beneficiary to
whom such benefit is payable makes a valid claim for such benefit
within a reasonable (as determined by and in the discretion of the
Committee) period of time following the date such benefit became
payable, such forfeited benefit shall be payable pursuant to the Plan
provisions.
ARTICLE IX.
ADMINISTRATION OF PLAN
9.1 APPOINTMENT OF COMMITTEE. The general administration of the Plan shall
be vested in the Committee, which shall be appointed by the Directors
and shall consist of one or more persons. Any individual, whether or
not an employee of the Company, is eligible to become a member of the
Committee.
9.2 TERM, VACANCIES, RESIGNATION, AND REMOVAL. Each member of the Committee
shall serve until he resigns, dies, or is removed by the Directors. At
any time during his term of office, a member of the Committee may
resign by giving written notice to the Directors and the Committee,
such resignation to become effective upon the appointment of a
substitute member or, if earlier, the lapse of thirty days after such
notice is given as herein provided. At any time during his term of
office, and for any reason, a member of the Committee may be removed by
the Directors with or without cause, and the Directors may in their
discretion fill any vacancy that may result therefrom. Any member of
the Committee who is an employee of the Company shall automatically
cease to be a member of the Committee as of the date he ceases to be
employed by the Company and its Affiliates.
9.3 SELF-INTEREST OF COMMITTEE MEMBERS. No member of the Committee shall
have any right to vote or decide upon any matter relating solely to
himself under the Plan (including, without limitation, Committee
decisions under Article II) or to vote in any case in which his
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individual right to claim any benefit under the Plan is particularly
involved. In any case in which a Committee member is so disqualified to
act and the remaining members cannot agree, the Directors shall appoint
a temporary substitute member to exercise all the powers of the
disqualified member concerning the matter in which he is disqualified.
9.4 COMMITTEE POWERS AND DUTIES. The Committee shall administer and enforce
the Plan according to the terms and provisions hereof and shall have
all powers necessary to accomplish these purposes, including, but not
by way of limitation, the complete and absolute discretion to construe
all provisions of the Plan and make all factual determinations and the
right, power, authority, and duty:
(a) To make rules, regulations, and bylaws for the administration
of the Plan that are not inconsistent with the terms and
provisions hereof, and to enforce the terms of the Plan and
the rules and regulations promulgated thereunder by the
Committee;
(b) To construe in its sole discretion all terms, provisions,
conditions, and limitations of the Plan;
(c) To correct any defect or to supply any omission or to
reconcile any inconsistency that may appear in the Plan in
such manner and to such extent as it shall deem in its