35.1. This division applies to every person whose application to that effect is received by the Commission on or before 11 July 1997 and who(1) has not, before 19 December 1996, entered into an agreement with his employer within the scope of measures designed to reduce personnel or of any other measure designed to promote retirement or, where applicable, waives such an agreement entered into after 18 December 1996 within the scope of measures in force before that date;
(2) ceases to participate in the plan and retires before 3 July 1997.