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ARTICLE I <br />PARTICIPATION <br />1.1 Eligibility for Benefits <br />An Employee shall be eligible to receive Retirement Benefits under this Plan if he or she <br />meets the eligibility requirements under one of the following tiers: <br />Tier I <br />(a) is an Employee of the Employer represented by the Police Officers <br />Association on or after July 1, 2009; <br />(b) is at least fifty (50) years of age and has completed at least five (5) years of <br />continuous employment with the Employer immediately preceding the last <br />day of employment with the Employer; <br />(c) received a salary increase on July 1, 2009 and/or January 1, 2010, which was <br />not recognized by CalPERS for purposes of computing Final Pay; <br />(d) has terminated employment with the Employer and concurrently retired <br />under CalPERS on or before December 31, 2010, and remains in retired <br />status under CalPERS; and <br />(c) has applied for benefits under this Plan. <br />Tier 11 <br />(a) is an Employee of the Employer serving as the Union President for the Police <br />Officers Association on July 1, 2011; <br />(b) is at least fifty (50) years of age and has completed at least five (5) years of <br />continuous employment with the Employer immediately preceding the last <br />day of employment with the Employer; <br />(c) received a Union Pay Premium which was not recognized by CalPERS for <br />purposes of computing Final Pay; <br />(d) has terminated employment with the Employer and concurrently retires under <br />CalPERS on or before December 31, 2011, and remains in retired status <br />under CalPERS; and <br />(e) has applied for benefits under this Plan. <br />NB 1:790420.2 5 <br />