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(b) Elective Deferrals and Certain Other Amounts: Effective for the plan year beginning January 1, 2013, except for purposes of Code §415 Compensation, employer contribution amounts made pursuant to a salary reduction agreement which were not currently includible in an member's gross income by reason of Code §125, Code §402(g), Code §403(b) and Code §457 will be included in determining compensation for all plan years. Employee contributions to the police and firefighters' retirement fund treated as employer contributions under Section 2.64.300 included in determining compensation for all plan years:; Compensation will also include elective amounts that are not includible in the gross income of the Employee by reason of Code §132(f)(4) for Limitation Years beginning on or after January 1, 2001. (c) Code §401(a)(17) Annual Compensation Limit: In determining average compensation and accrued benefits for any plan year which begins on or after January 1, 1996, the annual compensation for each participant which is taken into account shall not exceed $160,000, as adjusted for cost-of- living increases in accordance with Code §401(a)(17)(B). Except for purposes of determining the maximum 3-highest consecutive year average compensation under Code §415, in determining average compensation and accrued benefits for any plan year which begins on or after January 1, 2002, the annual compensation for each participant which is taken into account shall not exceed $200,000, as adjusted for cost-of-living increases in accordance with Code §401(a)(17)(B). The $200,000 limit on annual compensation shall be adjusted for cost-of-living increases in accordance with Code §401(a)(17)(B). The cost-of-living adjustment in effect for a calendar year applies to annual compensation for the determination period that begins with or within such calendar year. (d) Compensation Limitation Election Available To Certain Members: Except for purposes of determining Code §415 limitations, any member who is a highly compensated employee may elect for any plan year, on a form prescribed by the administrator, to limit his or her compensation for all purposes under this plan. "Creditable service" means the period of service which is creditable in accordance with Section 2.64.220. "Early retirement age" means the date prior to normal retirement age that the member has attained age 55 and has completed 20 years of creditable service. "Employee" means any appointive probationary or permanent full-time employee of the city, excluding members of the police and firefighter's retirement system otherwise established by the city. In case of doubt as to whether any person is an employee within the meaning of this chapter, the decision of the board of trustees shall be final. Restated Nonuniformed Pension Plan—City of University City Page 5