Rome |
Code of Ordinances |
Part III. CODE |
Appendix A. GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM |
Article XI. LIMITATIONS ON BENEFITS |
§ 4. Code section 415(e) limits.
(a)
For limitation years beginning prior to January 1, 2000, notwithstanding anything in this Section to the contrary, to the extent required under Code Section 415(e), in any case in which a Participant is a participant in both a defined benefit plan and a defined contribution plan maintained by an Employer, the sum of the "defined benefit plan fraction," as defined in paragraph (1) below, and the "defined contribution plan fraction," as defined in paragraph (2) below, for any Plan Year shall not exceed one.
(1)
For purposes of this paragraph, "defined benefit plan fraction" means a fraction, the numerator of which is the sum of the participant's projected annual benefits under the plan (determined as of the close of the year) and the denominator of which is the lesser of (i) one and twenty-five one hundredths (1.25) multiplied by the dollar limitation determined for the limitation year under Code Section 415(b)(1)(A) (as adjusted for the Cost of Living Adjustment), or (ii) one and four tenths (1.4) multiplied by the amount which may be taken into account under Code Section 415(b)(1)(B) with respect to the participant under the plan for such year. Notwithstanding the above, if the participant was a participant as of the first day of the first limitation year beginning after December 31, 1986, in one or more defined benefit plans maintained by an employer which were in existence on May 6, 1986, the denominator of this fraction will not be less than one and twenty-five one hundredths (1.25) multiplied by the sum of the annual benefits under such plans which the participant had accrued as of the close of the last limitation year beginning before January 1, 1987, disregarding any changes in the terms and conditions of the plan or cost of living increases occurring after May 5, 1986. The preceding sentence applies only if the defined benefit plans individually and in the aggregate satisfied the requirements of Code Section 415 for all limitation years beginning before January 1, 1987.
(2)
For purposes of this paragraph, "defined contribution plan fraction" means a fraction, the numerator of which is the sum of the annual additions to the participant's accounts as of the close of the year and the denominator of which is the sum of the lesser of the following amounts determined for such year and for each prior year of service with the employer: (i) one and twenty-five one hundredths (1.25) multiplied by the dollar limitation in effect under Code Section 415(c)(1)(A) (as adjusted for the Cost of Living Adjustment and determined without regard to Code Section 415(c)(6)), or (ii) one and four tenths (1.4) multiplied by the amount which may be taken into account under Code Section 415(c)(1)(B) (or Code Section 415(c)(7), if applicable) with respect to such participant under such plan for such year.
(b)
If the sum of such defined benefit plan fraction and such defined contribution plan fraction for a Participant determined without regard to the limitation of Code Section 415(e) would have been greater than such fraction as limited by Code Section 415(e), then the annual benefit under the Plan for such Participant shall be reduced to the extent necessary to satisfy the limitations under Code Section 415(e), unless the annual benefit, as defined in Code Section 415(b)(2), of the Participant under another defined benefit plan, or the annual additions, as defined in Code Section 415(c)(2), of the Participant under a defined contribution plan is reduced to the extent necessary to satisfy the limitations under Code Section 415(e).
(c)
The numerator of the defined benefit fraction shall include all defined benefit plans, whether or not terminated, of the employer. The numerator of the defined contribution fraction shall include all annual additions under all the defined contribution plans, whether or not terminated, maintained by the employer for the current and all prior limitation years, including annual additions attributable to the participant's voluntary contributions, or mandatory employee contributions, as defined in Code Section 411(c)(2)(C), to this and all other defined benefit plans maintained by the employer.
(d)
For limitation years beginning on and after January 1, 2000, any benefit limitations applied pursuant to Code Section 415(e) shall no longer apply for employees or former employees who are Participants with an accrued benefit under the Plan on or after January 1, 2000.