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w <br /> . • . j ' <br /> L . �.. <br /> ARTICLE II <br /> PARTICIPATION <br /> 2.01 Each employee of the Employer will become a Participant in <br /> the Ylan on the Effective Date if he is then an Eligible Employee <br /> or on the first day of the Plan Year next following the date he <br /> becomes an Eligible Employee. An "Eligible Employee" is a full- <br /> time employee of the Employer excluding: <br /> (a) any such employees the term of whose employment are <br /> governed by the provisions of a collective bargaining <br /> agreement unless such agreement provides for his coverage <br /> hereunder; <br /> (b) any employees who normally work less than 40 Hours of <br /> Service per week (the term "Hour of Service" is defined <br /> with reference to U.S. Department of Labor Regulation <br /> Section 2530.200b-2 (a)); <br /> (c) any employees who have not completed their probationary <br /> period as defined by the City of Decatur. <br /> (d) any non-resident alien who receives no earned income <br /> from the Employer from sources within the United States; <br /> and <br /> (e) any self-employed individual. <br /> (f) employees of Local 505 Firefighters Association, Library <br /> employees represented by AFSCME Local 268 and employees <br /> represented by Police Benevolent Association bargaining <br /> unit. <br /> The Plan Administrator will notify each employee of the date on <br /> which he becomes an Eligible Employee. <br /> 2.02 Non-discriminatory Classification and Benefits <br /> (a) The Plan is intended not to discriminate in favor of Highly <br /> Compensated Individuals as to the eligibility to participate, and <br /> as to contributions and benefits as is required by Code Section 129. <br /> (b) No benefits under the �lan shall be provided to a Participant <br /> who is a Key Employee unless the amount of the benefits provided under <br /> the Constituent Plans pursuant to the Plan to all Key Employees does <br /> not exceed 25y of such benefits provided to all Participants. <br /> (c) If, in the judgment of the Plan Administrator, the Plan so <br /> discriminates, the Plan Administrator shall, in accordance with <br /> the option chosen in the Adoption Agreement, exclude from <br /> -2- <br />