Reso 2010-068 - Laserfiche WebLink

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2.28. USERRA. "USERRA" means the Uniformed Services Employment And Reemployment Rights Act of 1994, as it may be amended from time to time. 2.29. Valuation Calendar Year. "Valuation Calendar Year" means the calendar year immediately preceding the Participant's Distribution Calendar year. 2.30. Valuation Date. "Valuation Date" means every day that the Trustee, any transfer agent appointed by the Trustee or the Employer, and any stock exchange used by such agent are open far business (daily valuation). ARTICLE 3. ELIGIBILITY AND PARTICIPATION 3.01. Eligible Emplovees; Excluded Employees. All Employees of the Employer, who are not otherwise excluded from participation in the Plan are eligible to participate in the Plan after completion of the eligibility requirements set forth in the Eligibility Requirements section, below. This Plan excludes the following Employees (even if they might otherwise satisfy the eligibility criteria specified in the Plan): A. Employees who are nonresident aliens and who receive no earned income (within the meaning of Code section 911(d)(2)) from the Employer that constitutes income from sources within the United States {within the meaning of Code section 861(x)(3)); B. Employees, other than full-time Employees as defined in the Employer's guidelines (this exclusion does not apply to Employees who change from full-time to part-time status with the Employer without incurring a Severance From Employment); C. A worker that the Employer did not treat as an Employee but who is subsequently determined to be an Employee by a local, State or federal governmental entity or by a court of competent jurisdiction; and D. Independent Contractors. 3.02. Eligibility Reauirements. There are no age or service requirements under the Plan and an Employee not excluded under the Eligible Employees; Excluded Employees section, above, shall be eligible to participate in the Plan as described in the Commencement Of Participation section, below. 3.03. Commencement Of Participation. Each Employee who is not otherwise excluded from the Plan shall be eligible to become a Participant on the first day of the calendar month after the Employee's date of employment with the Employer. 3.04. Participation. The Administrator, using employment dates certified by the Employer, shall determine which Employees are eligible to participate, and the Administrator shall furnish such information and attendant data to the Trustee. The Administrator shall notify each eligible Employee of the s