45-8A-22.118
Section 45-8A-22.118 Maximum benefits; limitations; adjustments. (a) Annual Benefit and Final
Regulations Under Internal Revenue Code Section 415. (1) Annual Benefit. For purposes of this
section, "annual benefit" means the benefit payable annually under the terms of
the plan, exclusive of any benefit not required to be considered for purposes of applying
the limitations of Internal Revenue Code Section 415 to the plan, in the form of a straight
life annuity with no ancillary benefits. If the benefit is payable in any other form, the
annual benefit shall be adjusted to the equivalent of a straight life annuity pursuant to
subsection (c). (2) Final Regulations Under Internal Revenue Code Section 415. Notwithstanding
anything in this section to the contrary, the following provisions apply beginning on or after
January 1, 1976, except as otherwise provided in this section. a. Incorporation by Reference.
The limitations, adjustments, and other requirements prescribed in the plan shall...
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19-3B-508
Section 19-3B-508 Qualified trusts under the Internal Revenue Code. (a) As used in this section:
(1) ASSIGNMENT or ALIENATION, and any conjugation thereof, includes any anticipation, assignment
at law or in equity, alienation, attachment, garnishment, levy, execution, or other legal
or equitable process. The term includes: (i) any arrangement providing for the payment to
the employer or other sponsor of such plan of benefits that otherwise would be due the participant
under the plan; (ii) any direct or indirect arrangement, whether revocable or irrevocable,
whereby any person acquires from a participant or beneficiary of such plan a right or interest
enforceable against the plan in, or to, all or any part of a plan benefit which is, or may
become, payable to the participant or beneficiary; (iii) any attachment, execution, seizure,
or the like, or under any form of legal process whatsoever; and (iv) the operation of any
bankruptcy or insolvency laws under 11 U.S.C. § 522(b) as from...
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45-37-123.135
Section 45-37-123.135 Annual benefit attributable to mandatory employee contributions. (a)
Effective for limitation years beginning on and after December 31, 2001, in the case of mandatory
employee contributions as defined in § 411(c)(2)(C), Internal Revenue Code, and Treasury
Regulation § 1.411(c)-1(c)(4), or contributions that would be mandatory employee contributions
if § 411, Internal Revenue Code, applied to the plan, the annual benefit attributable to
such mandatory employee contributions is determined by applying the factors applicable to
mandatory employee contributions as described in § 411(c)(2)(B) and (C), Internal Revenue
Code, and regulations promulgated under § 411, Internal Revenue Code, to those contributions
to determine the amount of a straight life annuity commencing at the annuity starting date,
regardless of whether the requirements of § 411 and § 417, Internal Revenue Code, apply.
(b) For purposes of applying such factors to the plan, the applicable...
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45-37-123.134
Section 45-37-123.134 Purchase of permissive service credit. (a) In general. If a member makes
one or more contributions to the plan to purchase permissive service credit under the plan,
the requirements of § 415, Internal Revenue Code, shall be treated as met with respect to
these contributions if: (1) The requirements of § 415(b), Internal Revenue Code, are met,
determined by treating the accrued benefit derived from all such contributions as an annual
benefit for purposes of § 415(b), Internal Revenue Code, provided, however, the plan shall
not fail to meet the reduced limit under § 415(b)(2)(C), Internal Revenue Code, solely by
reason of this section; or (2) The requirements of § 415(c), Internal Revenue Code, are met,
determined by treating all such contributions as annual additions for purposes of § 415(c),
Internal Revenue Code, provided, however, the plan shall not fail to meet the percentage limitation
under § 415(c)(1)(B), Internal Revenue Code, solely by reason of...
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45-37-123.136
Section 45-37-123.136 Qualified Section 415(m) plan. In order to yield the maximum benefit
specified under this part, without regard to the § 415, Internal Revenue Code, limitations,
a qualified plan under § 415(m), Internal Revenue Code, shall be established by the pension
board in order to provide any additional benefit needed to, in the aggregate, yield such maximum
benefit. Any § 415(m), Internal Revenue Code, plan established by the commission or pension
board prior to the effective date of this part is hereby ratified, validated, and confirmed.
The pension board shall be authorized to establish, modify, or replace any § 415(m), Internal
Revenue Code, plan, or other plan as may hereinafter be authorized by federal law, in order
to provide any additional benefit needed to, in the aggregate, yield such maximum benefit.
(Act 2013-415, p. 1586, §2:6.7.)...
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16-25C-1
Section 16-25C-1 Legislative intent. It is the intent of the Legislature to make available
to participants a defined contribution plan as described in Section 401 of the Internal Revenue
Code, so as to enable the participants to conveniently and economically receive the fullest
benefits offered by federal tax law as it relates to qualified defined contribution savings
plans for public employees covered by a mandatory defined benefit public employee savings
plan and participating in voluntary supplemental deferred compensation or tax sheltered annuity
plans under Internal Revenue Code Sections 457 and 403(b) respectively. (Act 2001-704, p.
1562, §2.)...
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36-27C-1
Section 36-27C-1 Legislative intent. It is the intent of the Legislature to make available
to participants a defined contribution plan as described in Section 401 of the Internal Revenue
Code, so as to enable the participants to conveniently and economically receive the fullest
benefits offered by federal tax law as it relates to qualified defined contribution savings
plans for public employees covered by a mandatory defined benefit public employee savings
plan and participating in voluntary supplemental deferred compensation or tax sheltered annuity
plans under Internal Revenue Code Sections 457 and 403(b) respectively. (Act 2001-704, p.
1562, §1.)...
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45-37A-51.09
Section 45-37A-51.09 Compensation limits; forfeitures; required minimum. (a) Compensation in
excess of one hundred sixty thousand dollars ($160,000), or such other amount provided in
the Internal Revenue Code of 1986, as amended, shall be disregarded. Such amount shall be
adjusted for increases in the cost-of-living in accordance with Section 401(a)(17)(B), except
that the dollar increase in effect on January 1 of any calendar year shall be effective for
the fiscal years beginning with or within such calendar year. If compensation for any prior
determination period is taken into account in determining a participant member's benefits
for the current fiscal year, the compensation for such prior determination period is subject
to the applicable annual compensation limit in effect for that prior period. (b) Notwithstanding
the foregoing and to the extent applicable to governmental plans as such are defined in Section
414(d) of the Internal Revenue Code of 1986, as amended, in no event may...
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45-37A-51.221
Section 45-37A-51.221 Minimum and maximum normal retirement benefit. (a) The minimum retirement
benefit payable under Section 45-37A-51.220 shall be four hundred dollars ($400) per month.
The maximum normal retirement benefit payable under Section 45-37A-51.220 shall be 75 percent
of final average salary, exclusive of sick leave bonus. Notwithstanding the foregoing and
to the extent applicable to governmental plans as defined in § 414(d), Internal Revenue Code,
in no event may the normal retirement benefit exceed the annual dollar limits imposed by §
415(b), Internal Revenue Code, excluding contributions under § 414(h)(2), Internal Revenue
Code. Further, no post severance compensation shall be included for any benefit hereunder.
Post severance compensation means amounts paid by the later of: (1) Two and one-half months
after an employee's severance from employment with the employer, or (2) the end of the limitation
year that includes the date of severance from employment with the...
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45-37A-51.249
Section 45-37A-51.249 Heroes Earnings Assistance and Relief Tax Act of 2008 provisions. In
the case of a death or disability occurring on or after January 1, 2007, if a participant
dies while performing qualified military service, as defined in § 414(u), Internal Revenue
Code, the survivors of the employee are entitled to any additional benefits, other than benefit
accruals relating to the period of qualified military service, provided under the plan as
if the participant had resumed and then terminated employment on account of death. (Act 2011-585,
p. 1289, §7.)...
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