§ 74-915.1. Benefits subject to limitations in Section 415 of Internal Revenue Code – Excess benefit arrangements.

A.  Benefits payable from the System may not exceed the maximum benefits specified by Section 415(b) of the federal Internal Revenue Code.

B.  Subject to approval by the Internal Revenue Service, the Board may establish and maintain a qualified governmental excess benefit arrangement under Section 415(m) of the federal Internal Revenue Code.  The Board may establish by rule the necessary and appropriate procedures for the administration of such benefit arrangement under the federal Internal Revenue Code.  If the amount of any annual benefit would exceed the limitations imposed by Section 415 of the federal Internal Revenue Code, that excess amount may be paid from this benefit arrangement.  The amount of any contribution that would exceed the limitations imposed by Section 415 of the federal Internal Revenue Code would be credited to this benefit arrangement.  If established, the qualified excess benefit arrangement must be a separate portion of the retirement plan.  The qualified excess benefit arrangement is subject to the following requirements:

1.  The benefit arrangement shall be maintained solely for the purpose of providing to members in the retirement plan that part of the member’s annual benefit otherwise payable under the terms of the act that exceed the limitation on benefits imposed by Section 415 of the federal Internal Revenue Code; and

2.  Members do not have an election, directly or indirectly, to defer compensation to the excess benefit arrangement.

Added by Laws 1988, c. 267, § 32, operative January 1, 1989.  Amended by Laws 1990, c. 341, § 5, eff. July 1, 1990; Laws 1999, c. 257, § 39, eff. July 1, 1999.