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"Code" means the Internal Revenue Code of 1986, as amended frorn time to time, <br />"Compensation" means all compensation for that portion of the Plan Year during which <br />the Employee was a Member, paid in cash by the Employer to the Member for personal services. <br />Compensation in excess of $255,000 (as adjusted through 2013) shall be disregarded. Such <br />amount shall thereafter be adjusted for increases in the cost of living in accordance with Section <br />401(a)(1 7) of the Code, except that the dollar increase in effect on January I of any calendar year <br />shall be effective for the Plan Year beginning with or within such calendar year. For any short <br />Plan Year the Compensation limit shall be an amount equal to the Compensation limit for the <br />calendar year in which the Plan Year begins multiplied by a ratio obtained by dividing the <br />number of full months in the short Plan Year by twelve (12). <br />"Effective Date" means, unless otherwise indicated herein, April 18, 2011. <br />"Eligible Class of Employees" means the eligible class of employees as provided herein <br />and in the applicable governing body policies and regulations promulgated thereunder by the <br />Employer. <br />"Eligible Employee" means an Employee who meets the requirements as described in <br />Section 1. 1, <br />"Employee" means an employee of the Employer, <br />"Employer" means City of Santa Ana that has adopted this Plan. <br />"Final Pay" means the highest annual compensation recognized by CalPERS for <br />purposes of calculating retirement benefits paid to an Employee during any twelve consecutive <br />months of employment with the Employer. <br />"Ineligible Employee" means an ineligible employee as provided herein and in the <br />applicable governing body policies and regulations promulgated thereunder by the Employer. <br />NB I 790420,2 30 <br />