§ 5.27.005. Applicability of Subdivision 1.

A.

The provisions of this Subdivision 1 shall be applicable to any Eligible Employee who:

1.

Is a Participant under the provisions of this Subdivision 1 on December 31, 1994 and who, during the election period for the 1995 Plan Year, or any subsequent Plan Year, does not elect to be covered by the provisions of Subdivision 1 of Chapter 5.28; or

2.

Is a Participant under the provisions of Subdivision 2 of this Chapter 5.27 on December 31, 1994 and who, during the election period for the 1995 or 1996 Plan Year, elects to be covered by the provisions of this Subdivision 1; or

3.

Is not a Participant under Subdivision 1 or Subdivision 2 of this Chapter 5.27 on December 31, 1994, but who, as of that date, is an Eligible Employee who, within a time frame specified in the Election Information, elects to be covered by the provisions of this Subdivision 1 during the 1995 or 1996 Plan Year; or

4.

Is a Participant under this Subdivision 1 on September 1, 2006, and does not make an election permitted under Section 5.27.200D.2.

B.

The benefits provided by this Subdivision 1 shall be in lieu of the benefits provided by Subdivision 2 of this Chapter 5.27 and Subdivisions 1 and 2 of Chapter 5.28. C. The Nonelective Contribution provided for in Section 5.27.040 shall first be reflected on County pay warrants issued on or about:

1.

January 13, 1995 in any case where an employee who is covered by the provisions of Subdivision 2 of this Chapter 5.27 on December 31, 1994 elects, during the election period for the 1995 Plan Year, to be covered by the provisions of this Subdivision 1; or

2.

January 15, 1996 in any case where an employee is covered by the provisions of Subdivision 2 of this Chapter 5.27 on December 31, 1994 elects, during the election period for the 1996 Plan Year, to be covered by the provisions of this Subdivision 1.

(Ord. 2006-0084 § 2, 2006; Ord. 94-0079 § 1, 1994.)