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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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45-37-123.100
Section 45-37-123.100 Retirement benefits. (a) Superannuation retirement benefit. (1)
ELIGIBILITY. A member shall be eligible for a superannuation retirement benefit if: a. The
member has 30 or more years of paid membership time, regardless of age; b. The member has
10 or more years of paid membership time and has attained the age of 60; or c. The member
has 30 years of service, 20 years of which are paid membership time, and has attained the
age of 55. (2) CALCULATION OF BENEFIT. If a member meets the foregoing eligibility criteria,
then the member shall be eligible to retire and receive a monthly benefit for the remainder
of his or her life to be determined by the following formula: a. Two and one-half percent
multiplied by the basic average salary multiplied by the number of years of paid membership
time; plus b. Five-eights of one percent multiplied by the basic average salary multiplied
by the number of years of unpaid membership time, if applicable. (3) SEVENTY-FIVE PERCENT...
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45-37-123.104
Section 45-37-123.104 Withdrawal and refund of employee contributions. The following
provisions generally govern a member's withdrawal and refund of employee contributions under
the plan. Any member who fails to make application for the amount of his or her employee contributions
pursuant to this section within five years after his or her separation from the service
of the county, except as otherwise provided herein or otherwise determined by the pension
board, shall be deemed to have forfeited and donated such employee contributions to the trust
fund pursuant to Section 45-37-123.83. The foregoing five year rule only applies to
a member; in the case of a beneficiary, the pension board may only forfeit employee contributions
after it has exhausted reasonable efforts to locate the beneficiary. (1) WITHDRAWAL OF EMPLOYEE
CONTRIBUTIONS BY MEMBERS NOT ENTITLED TO A DEFERRED RETIREMENT BENEFIT. In the event that
a member ceases to be an employee of the county for reasons other than...
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40-7-25.1
Section 40-7-25.1 Current use value of Class III property - Definition; appraisal of
property at request of owner; legislative intent; applicability of section; method
of valuation; factors considered in appraisal; rules and regulations of Department of Revenue;
hearing objections. (a) For ad valorem tax years beginning on and after October 1, 1978, with
respect to taxable property defined in Section 40-8-1, as amended, as Class III property
and upon request by the owner of such property as hereinafter provided, the assessor shall
base his appraisal of the value of such property on its current use on October 1 in any taxable
year and not on its fair and reasonable market value. Failure of an owner of Class III property
to request appraisal at current use value shall mean that the property shall be valued on
its fair and reasonable market value as otherwise provided in this title until such time as
the owner thereof shall request valuation on the basis of current use value. As used in...
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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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45-37-123.22
Section 45-37-123.22 Powers and duties of the pension board. (a) The pension board shall
be responsible for the general administration and proper operation of the plan, and shall
administer the plan for the exclusive benefit of the members and their beneficiaries, subject
to the specific terms of the plan. The pension board shall administer the plan in accordance
with its terms and shall have the power and discretion to construe the terms of the plan and
the act and to determine all questions arising in connection with the administration, interpretation,
and application of the plan. Any such determination by the pension board shall be conclusive
and binding upon all persons. The pension board may establish procedures, correct any defect,
supply any information, or reconcile any inconsistency in such manner and to such extent as
shall be deemed necessary or advisable to carry out the purpose of the plan; provided, however,
that any procedure, discretionary act, interpretation, or...
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45-37-123.108
Section 45-37-123.108 Direct rollovers. Except as otherwise specifically provided in
this section, this section shall be effective as of January 1, 1993. (1) ROLLOVERS
GENERALLY. a. Notwithstanding any provision of the plan to the contrary that would otherwise
limit a distributee's election under this section, a distributee, at the time and in
the manner prescribed by the pension board, may elect to have any portion of an eligible rollover
distribution that is equal to at least two hundred dollars ($200) paid directly to an eligible
retirement plan specified by the distributee in a direct rollover. b. For purposes of this
subdivision, the following definitions shall apply: 1.(i) An eligible rollover distribution
is any distribution of all or any portion of the balance to the credit of the distributee,
except that an eligible rollover distribution does not include: Any distribution that is one
of a series of substantially equal periodic payments, not less frequently than annually, made...
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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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45-37-123.106
Section 45-37-123.106 Minimum distribution requirements. (a) General rules. (1) EFFECTIVE
DATE. Except as otherwise provided herein, the provisions of this section shall apply
for purposes of determining required minimum distributions for calendar years beginning on
and after January 1, 1987. (2) REQUIREMENTS OF TREASURY REGULATIONS INCORPORATED. All distributions
required under this section shall be determined and made in accordance with § 401(a)(9),
Internal Revenue Code, including the incidental death benefit requirement in § 401(a)(9)(G),
and the regulations thereunder. (3) PRECEDENCE. Subject to the joint and survivor annuity
requirements of the plan, the requirements of this section shall take precedence over
any inconsistent provisions of the plan. (b) Time and manner of distribution. (1) REQUIRED
BEGINNING DATE. The member's entire interest shall be distributed, or begin to be distributed,
to the member no later than the member's required beginning date. (2) DEATH OF MEMBER...
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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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