[Ord. No. 92-80 §§1 —
3, 12-16-1992; Ord. No.
01-57 §4, 10-17-2001]
A. Each
Employee who is a Participant in the Plan immediately prior to January
1, 1993, shall continue to be a Participant. Each other Employee shall
become a Participant in this Plan on the first (1st) day of the month
coinciding with or next following his date of employment. Notwithstanding
the foregoing, no employee hired or rehired on or after January 1,
2012, shall become a Participant in the Plan.
[Ord. No. 13-01 §1, 1-2-2013]
B. An
Employee may elect to not become an active Participant of the Plan
upon delivery of such an election to the Plan Administrator prior
to the time such Employee becomes an active Participant pursuant to
the provisions of this Section 2.01.
C. Any
person on the payroll of a third (3rd) party with whom the Employer
has contracted for the provision of said person's services shall not
become a Participant. In addition, any person who pursuant to a written
contract with the Employer that provides that he:
1. Is an independent contractor and not an employee, and
2. Waives participation in the Plan
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shall not be eligible to participate in the Plan during the
period such written contract is in effect. The Employer's employment
classification of a person shall be binding and conclusive for all
purposes of the Plan and shall remain in effect regardless of any
contrary classification or reclassification of such person by any
other person or entity, including without limitation, the Internal
Revenue Service or a court of competent jurisdiction. Furthermore,
such individual shall not earn Credited Service or Years of Service
during the period in which the employee is excluded from participation.
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[Ord. No. 92-80 §§1 —
3, 12-16-1992]
A Participant who has a Break in Service prior to the time he
becomes vested in any portion of his Accrued Benefit shall again become
an Active Participant in the Plan on the date that coincides with
or next follows the date he subsequently resumes employment as an
Employee, if the number of years of Credited Service prior to the
Break in Service equals or exceeds the number of years of consecutive
Breaks in Service.
[Ord. No. 92-80 §§1 —
3, 12-16-1992]
If a Participant has a Break in Service prior to vesting in
any portion of his Accrued Benefit, Credited Service earned before
such Break in Service shall not be taken into account unless the Participant
resumes employment as an Employee within a number of years that is
less than the number of years of Breaks in Service incurred.