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INTRODUCTION <br />The City of Santa Ana (the "Employer") has adopted this deferred compensation <br />plan for the benefit of its eligible employees. This document is a full amendment and <br />restatement of the City of Santa Ana 3121 Part-Time Seasonal Temporary Deferred <br />Compensation Plan adopted effective January 1, 1992. <br />It is intended that this plan and the trust established to hold the assets of the plan <br />shall be an eligible deferred compensation plan under Section 457 of the Internal <br />Revenue Code of 1986, together with any amendments thereto (the "Code"). It is further <br />intended that the plan shall meet all of the requirements of a government alternative <br />retirement system under Code Section 3121(b)(7)(F). It is also intended that this plan <br />and the trust established hereunder shall meet the requirements of a pension trust under <br />California Government Code sections 53215 - 53224, or their successor sections. At any <br />time prior to the satisfaction of all liabilities with respect to participants and their <br />beneficiaries under the trust created pursuant to this plan, the trust assets shall not be used <br />for, or diverted to, purposes other than the exclusive benefit of participants or their <br />beneficiaries, as prescribed in Section 457(g)(1) of the Code. <br />NB 1:564577.3 <br />55C-42