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"Employee" shall mean any person who is:

1. Employed by the City and who is covered under its miscellaneous employees contract with the Administration of the State of California Public Employees Retirement System (a CalPERS miscellaneous employee); or

2. Employed by the City and represented by any of the following associations:

Berkeley Police Association (a police employee), effective January 1, 1989; or

Berkeley Fire Fighters Association Local 1227 I.A.F.F., effective March 20, 2022; or

3. Employed by any other public entity Employer that has adopted the Plan with approval of the Council. (Ord. 7800-NS § 1, 2022; Ord. 7264-NS § 1, 2012)