Rome |
Code of Ordinances |
Part III. CODE |
Appendix A. GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM |
Article XI. LIMITATIONS ON BENEFITS |
§ 5. Interpretation of this article.
(a)
Notwithstanding any other provision of this Article to the contrary, to the extent permitted under Code Section 415, the Tax Equity and Fiscal Responsibility Act of 1982, the Tax Reform Act of 1986, or the Technical and Miscellaneous Revenue Act of 1988, or any subsequently enacted federal law, the annual additions and annual benefit of a Participant shall be adjusted so as to produce the maximum annual benefit and maximum annual additions for such Participant under Code Section 415.
(b)
For purposes of this Section and subject to Code Section 415(h), all defined benefit plans of an Adopting Employer, whether or not terminated, are to be treated as a single defined benefit plan, and all defined contribution plans of an Adopting Employer are to be treated as a single defined contribution plan. However, Adopting Employers shall be considered as separate Employers in accordance with State law.
(c)
The accrued benefit of any Participant which exceeds the benefit limitations under Code Section 415 as amended by the Tax Reform Act of 1986 ("TRA '86") (including the protected current accrued benefit, as described in Q & A 12 of Notice 87-21) is reduced, as of the first day of the first limitation year beginning after December 31, 1986, to the level permitted under TRA '86.