Dell 2003 Annual Report Download - page 106
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the Employer and all Controlled Entities (provided, however, that clause (ii) of this sentence shall not apply in the case of a Participant who
is a "five-percent owner" (as defined in Code Section 416) with respect to the Plan Year ending in the calendar year in which such
Participant attains the age of seventy and one-half); and
(2) In the case of a benefit payable pursuant to Section 7.3, (i) if payable to other than the Participant's spouse, the last day of the one-year
period following the death of such Participant or (ii) if payable to the Participant's spouse, after the date upon which such Participant would
have attained the age of seventy and one-half, unless such surviving spouse dies before payments commence, in which case the Benefit
Commencement Date may not be deferred beyond the last day of the one-year period following the death of such surviving spouse.
The provisions of this Section notwithstanding, a Participant may not elect to defer the receipt of his benefit hereunder to the extent that such
deferral creates a death benefit that is more than incidental within the meaning of Code Section 401(a)(9)(G) and applicable Treasury
regulations thereunder.
(e) If (i) a Participant attained age seventy and one-half, but did not terminate employment with the Employer and all Controlled Entities prior to 1997,
(ii) such Participant's Benefit Commencement Date occurred prior to his termination of employment pursuant to the provisions of Subsection
8.2(d) as in effect prior to the Effective Date, (iii) such Participant is an Employee, and (iv) such Participant was not a "five-percent owner" (as
defined in Code Section 416) with respect to the Plan Year ending in the calendar year in which such Participant attained the age of seventy and
one-half, such Participant may affirmatively elect to cease the distribution of his Accounts hereunder until the time described in Subsection 8.2(d)
(1).
(f) Subject to the provisions of Subsection 8.2(d), a Participant's Benefit Commencement Date shall not occur unless the Article VI event entitling the
Participant to a benefit constitutes a distributable event described in Code Section 401(k)(2)(B) and, in the case of an event described in
Section 7.1, 7.3 or 7.4, shall not occur while the Participant is employed by the Employer or any Controlled Entity.
(g) Subject to the provisions of Subsection 8.2(d), a Participant (other than a Participant who dies or whose Vested Interest in his Accounts is not in
excess of $5,000) must request and file a claim for benefits in the manner prescribed by the Committee before payment of his benefit will
commence. -38-