A CMP structure for CMP processing and a method of making a device using the same are presented. The apparatus comprises a polishing pad on a platen table; a head assembly for holding a wafer against the polishing pad, wherein the head assembly includes the retaining ring; a sensor for sensing the step height between the retaining ring and its membrane and a controller for adjusting the movement of the retaining ring based on the step height between the retaining ring and its membrane to ensure the step height remains at a fixed value as the retaining ring wears out.