§ 5.23.030. Participation.

A.

Commencement of Participation. An Eligible Employee may become a Participant by entering into a Compensation Deferral Agreement before an Entry Date. Such an Eligible Employee's participation shall become effective with respect to Eligible Earnings payable for services rendered to the County on and after the next Entry Date following the date the Compensation Deferral Agreement is entered into.

B.

Duration of Participation. An Employee or former Employee shall remain a Participant so long as (1) he is an Eligible Employee covered by a Compensation Deferral Agreement, or (2) a portion of the Investment Funds is credited to his Account and held for his benefit by the Trustee. However, a Participant who ceases to be an Eligible Employee who is covered by a Compensation Deferral Agreement may have no Tax Deferred Contributions made for him until he again commences participation pursuant to subsection A of this section.

C.

Leased Employees.

1.

Inclusion as Employee. A Leased Employee shall be treated as an Employee only for the purposes of the plan qualification requirements listed in Code Section 414(n)(3).

2.

Exception. Subsection C1 shall not apply to any Leased Employees if the safe harbor set forth in Code Section 414(n)(5) applies.

(Ord. 2001-0097 § 2 (part), 2001.)