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INTRODUCTION <br />The City of Santa Ana (hereinafter referred to as the "Employer") has adopted this tax- <br />qualified governmental defined benefit plan for the benefit of its eligible employees to provide <br />supplemental retirement beriefits, to eligible Employees of the Employer in addition to the <br />benefits employees will receive frorn the California Public Employees' Retirement System <br />("CalPERS"). This document is a full and complete restatement of the City of Santa Ana PARS <br />Supplementary Retirement Plan adopted effective April 18, 2011, and further amended effective <br />July 1, 2011 and October 21, 2011, respectively. <br />It is intended that this Plan and the Trust established to hold the assets of the Plan shall be <br />qualified under Section 401(a) and tax-exempt under Section 501(a) of the Internal Revenue <br />Code of 1986, together with any amendments thereto ("Code"). It is further intended that this <br />Plan and the Trust established hereunder shall meet the requirements of a pension trust under <br />California Government Code Sections 53215 - 53224, or their successor sections ("Act") <br />Furthermore, this Plan is intended to satisfy the requirements of a "governmental plan" as <br />defined in Section 414(d) of the Code and that the Plan is exempt from the nondiscrimination <br />requirements and minimum coverage requirements of Section 401 (a) of the Code. At any time <br />prior to the satisfaction of all liabilities with respect to Members and their Beneficiaries under <br />the Trust created pursuant to this Plan, the Trust assets shall not be used for, or diverted to, <br />purposes other than the exclusive benefit of Meinbers or their Beneficiaries, as prescribed in <br />Section 401(a)(2) of the Code. <br />It is intended that the Plan satisfy the requirements of the applicable provisions of the <br />legislation, regulations and other guidance set forth in Notice 2014-77, and that the provisions of <br />this Plan reflecting such requirements are hereby made effective as of the dates required by the <br />legislation, regulations, or guidance referred to in this sentence. <br />NB 1:790420.2 4 <br />