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(a) Is and Employee of the Employer represented by the Police <br />Officers Association on or after July 1, 2009; <br />(b) is at least fifty (50) years of age and has completed at least five (5) <br />years of continuous employment with the Employer immediately <br />preceding the last day of employment with the Employer; <br />(c) received a salary increase on July 1, 2009 and /or January 1, 2010, <br />which was not recognized by CalPERS for purposes of computing <br />Final Pay; <br />(d) has terminated employment with the Employer and concurrently <br />retired under CalPERS on or before December 31, 2010, and <br />remains in retired status under CaIPERS; and <br />(e) has applied for benefits under this Plan. <br />Tier II <br />An Employee shall be eligible to receive Retirement Benefits under this <br />Plan if he or she: <br />(a) is an Employee of the Employer serving as the Union President for <br />the Police Officers Association on July 1, 2011; <br />(b) is at least fifty (50) years of age and has completed at least five (5) <br />years of continuous employment with the Employer immediately <br />preceding the last day of employment with the Employer; <br />(c) received a Union Pay Premium which was not recognized by <br />CaIPERS for purposes of computing Final Pay; <br />(d) has terminated employment with the Employer and concurrently <br />retired under CalPERS on or before December 31 2011 and <br />remains in retired status under CaIPERS: and <br />(e) has applied for benefits under this Plan. <br />B. Article VII, Section 7.1, "Definitions" is hereby amended to change the <br />definition of Benefit Final Pay, to read in full as follows: <br />"Benefit Final Pay" means the salary increase granted on July 1, 2009 <br />and /or January 1, 2010 or the Union Pay Premium, which was not <br />recognized by CalPERS for purposes of computing Final Pay. <br />55E -4 <br />