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2016 ORDINANCES
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2016 ORDINANCES
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12/16/2016 2:36:45 PM
Creation date
1/27/2016 10:29:00 AM
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Ord/Resolutions
Year
2016
Ord/Resolutions - Type
Ordinances
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freed through forfeitures that arise__for anv reason shall only be used to reduce employer <br />contribution and to nay reasonable administrative expenses of the system. <br />21. Article III of Chapter 30 of the Code of the City of Portsmouth, Virginia is amended by <br />adding a new Division 6 as follows: <br />DIVISION 6. -MAXIMUM BENEFITS AND OTHER LIMITATION AND PE IAL <br />ULE <br />Sec 30-253 -Limitation on creditable compensation taken into account <br />Notwithstanding anv other nrovision of this article extent in the case of an emnlovee <br />who first became a member before July 1 1996 creditable compensation taken into account for <br />nurooses of determining benefits under the system shall be limited by the compensation limit <br />pursuant to Section 401(al(171 of the Internal Revenue Code of 1986. as amended For purooses <br />of apnlvin~ the limitation annlicable to each year. the limit for a plan year shall be the limitation <br />in effect for the calendar year in which the plan year begins determined without increases in the <br />limitation for subsequent years. An emnlovee who first became a member before July 1 1996 <br />shall be considered a ~randfathered emnlovee for nurooses of Section 401(al(171 of the Internal <br />Revenue Code. <br />Sec 30-254 -Limitation on annual benefit and special ve tiny rule <br />(al Notwithstanding anv other nrovision of this article. the annual benefit under the system of <br />anv member and any related death or other benefit shall. if necessary be reduced to the <br />extent reauired by Section 415(bl of the Internal Revenue Code of 19RF_ ac amended ac <br />adiusted by the Secretary of the_Treasurv pursuant to Section 415(dl of the Internal <br />Revenue Code of 1986. as amended. all as annlicable to governmental plans <br />Notwithstanding the fore~oin~, adiustments in the dollar limitation under Section 415(bl of <br />the Internal Revenue Code of 1986 shall only be annlicable to benefits provided by this <br />system with respect to a member who is an eligible emnlovee at the time the adiustment is <br />effective. In comnarin~ the system benefit to the dollar limitation system benefits must be <br />converted to an annual benefit (as defined in Section 415 of the Internal Revenue C'~cle of <br />19861 bv. except as providedd below. converting a benefit navahle in a fern, ether rho„ a <br />straight life annuity to an actuarially equivalent straight life annuity before applvin~ the <br />limitations of this section. The annual benefit does not include anv benefits attributable to <br />employee contributions or the assets transferred from a aualified plan that was not <br />maintained by a particinatn~ employer. No actuarial adiustment to the benefit is reauired <br />for (il the value of a ioint and survivor annuity. (iil the value of benefits that are not <br />directly related to retirement benefits (such as the aualified dicah;l;ty benefit nrP_ <br />retirement death benefits. and post-retirement medical benefitsl and (iiil the value of nnct_ <br />retirement cost-of-living increases made in accordance with Section 415(dl of the Internal <br />Revenue Code of 1986 and Inc Tax Recs Section 1 415-3(cl(21(iiil Section 415(dl of the <br />A-12 <br />
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