2470                               Municipal Charters

(b) In the event the plan is terminated the pension fund shall be
distributed among the participants in a manner determined by the Per-
sonnel Officer precluding individual discrimination, by the purchase of
annuities or other equitable means of distribution, provided that if the
balance in the pension fund exceeds the amount required to fully fund
the benefits accrued to the date of termination for all participants who
are then active, retired or disabled, or for other payees who are then
receiving benefits hereunder, such excess shall be returned to the County.

Section 1-236.

(a)    This plan shall not be construed to give any employee the right
to be retained in the employ of the County.

(b)    In no event shall any portion of the pension fund revert to the
County except as provided in Section 1-235 of this Article.

Section 1-237.

(a) For the purposes of this Section, the following terms are defined:

(1)    The term "plan date" means the effective date and also refers
to each later date which is specified as a plan date for the County in an
amendment to this plan by reason of an increase in the benefits to be
provided by County contributions for highly compensated employees.

(2)    The restricted participants for each plan date will be deter-
mined by the Personnel Officer and will consist of the 25 highest paid
employees of the County on such date who are or may become eligible
for coverage under the plan, excluding any of such employees whose
anticipated yearly amount of retirement annuity provided by County
contributions is one thousand five hundred dollars ($1500) or less. Each
such employee on a plan date will remain a restricted participant for
ten (10) years or, if at the end of such ten (10) years the full current
costs of the plan, as defined in Section 1.401-4 (c) (2) of the Federal
Income Tax Regulations, are not met, he will remain a restricted partici-
pant until the full current costs are funded for the first time.

(3)   (i) Unrestricted benefits at any time for a restricted partici-
pant will be determined by the insurance company and will be equal to
the portion of his coverage provided by his contributions, if any, and by
County contributions not exceeding the applicable amount determined as
follows:

(ii) An amount will be determined as described below for each
plan date on account of which the participant is then a restricted partici-
pant, and the applicable amount will be the smallest amount so determined.

(iii) The amount for the initial plan date is equal to the greater
twenty thousand dollars ($20,000.00), or twenty percent (20%) of the
first fifty thousand dollars ($50,000.00) of the participant's average
regular annual compensation during his last five (5) years of service
with the County, multiplied by the number of years for which the full
current costs of the County's plan have been met since the plan date.

(iv) The amount for a plan date which is not the County's initial
plan date is equal to the greatest of twenty thousand dollars ($20,000.00);
or the County contributions which would have been applied to provide
benefits for the participant if the plan as in effect on the day before the
plan date had been continued without change; or the sum of the County
contribution which would have been applied to provide benefits for the