This excerpt taken from the EQR 10-Q filed May 8, 2008.
3.1 Satisfaction of Eligibility Requirements
Prior to each Entry Date, the Plan Administrator shall determine in its discretion the identity of those Eligible Employees and Eligible Trustees, including any retired officers or trustees, who may commence or continue their participation in the Plan as of such Entry Date. The Plan Administrator will notify Eligible Employees and Eligible Trustees of their eligibility to participate in the Plan and provide them with an Enrollment Form. If the Plan Administrator determines that a Participant currently making Elective Deferrals, Share Deferrals or Matching Deferrals is not eligible to participate in the Plan as of an upcoming Entry Date because he or she no longer satisfies the eligibility requirements described in Section 2.9 or 2.10 (as applicable), the Participant will be subject to a suspension of participation as described in Section 3.4 below.
Notwithstanding any provision in this Plan to the contrary, effective January 1, 2005 no additional Eligible Employees are permitted to participate in the Plan and no Participants may make any deferrals in 2005 or later calendar years under the Plan.