§ 22. Benefits.
(a) Service retirement benefits.
(1) Eligibility.
(i) First became member on or before December 5, 2016.
An elected official who first became a member on or before December 5, 2016, is entitled to receive, commencing on the 1st day of the month following his or her retirement, a service retirement benefit, calculated as provided in paragraph (3)(i) of this subsection, if the member has:
(A) at least 12 years of service and attained age 50; or
(B) at least 16 years of service.
(ii) First became member on or after December 6, 2016.
An elected official who first became a member on or after December 6, 2016, is entitled to receive, commencing on the 1st day of the month following his or her retirement, a service retirement benefit, calculated as provided in paragraph (3)(i) of this subsection, if the member has at least 12 years of service and attained age 55.
(2) Application.
Prior to receiving a service retirement benefit, a member must:
(i) file the appropriate application with the Board of Trustees, in the form and containing the information that the Board requires; and
(ii) specify on the form the date, which is not less than 30 days nor more than 90 days after the date of filing the application, on which the member desires his or her benefits to commence.
(3) Amount of service retirement benefit.
(i) Amount.
(A) In general.
Subject to sub-subparagraph (B) of this subparagraph (i), the annual service retirement benefit of an elected official is equal to 2.5% of the member’s annual earnable compensation at retirement multiplied by his or her years of service.
(B) Cap.
For an elected official who first became a member on or after December 6, 2016, the annual service retirement benefit may not exceed 60% of the member’s annual earnable compensation at retirement.
(ii) Components of benefit.
This benefit shall consist of:
(A) an annuity equal to the actuarial equivalent of the member’s accumulated contributions at his or her retirement; and
(B) a pension, equal to the annual service retirement benefit less the annuity described in sub-subparagraph (A) of this subparagraph (ii).
(b) Non-line-of-duty disability retirement.
(1) Eligibility requirements.
A member shall be retired on a non-line-of-duty disability retirement if:
(i) the member has acquired at least 5 years of service, as determined by the Board of Trustees; and
(ii) a hearing examiner determines that:
(A) the member is mentally or physically incapacitated from the further performance of his or her duties as an elected official of Baltimore City;
(B) the incapacity is likely to be permanent; and
(C) the member does not qualify under subsection (c) of this § 22 for a line-of-duty disability retirement.
(2) Application and filing deadline.
To retire under this subsection (b), a member must:
(i) apply to the Board of Trustees, on a form approved by the Board; and
(ii) submit the application to the Board no later than 1 year following the member’s last day of City employment.
(3) Effective date of non-line-of-duty disability retirement.
A non-line-of-duty disability retirement under this subsection takes effect as follows:
(i) if the member applied for disability retirement before terminating City employment, the retirement is effective as of the first day following the member’s last day of City employment; and
(ii) if the member applied for disability retirement after terminating City employment, the retirement is effective 30 days after the date on which the Board received a completed application.
(4) Amount of non-line-of-duty disability retirement benefit.
Upon being awarded a retirement benefit under this subsection (b), a member is entitled to receive an annual maximum retirement allowance equal to the greater of:
(i) the member’s annual maximum service allowance as described in subsection (a)(3) of this section; or
(ii) a retirement allowance totaling 25% of the member’s current annual earnable compensation.
(c) Line-of-duty disability.
(1) Eligibility requirements.
A member shall be retired on a line-of-duty disability if a hearing examiner determines that:
(i) the member is totally and permanently incapacitated from the further performance of his or her duties as an elected official of Baltimore City; and
(ii) the member was injured:
(A) as the natural and proximate result of an accident occurring while in the actual performance of duty at some definite time and place; and
(B) without willful negligence on the part of the member.
(2) Application and filing deadline.
To retire under this subsection (c), a member must:
(i) apply to the Board of Trustees, on a form approved by the Board;
(ii) submit the application to the Board no later than 1 year following the member’s last day of City employment.
(3) Effective date of non-line-of-duty disability retirement.
A non-line-of-duty disability retirement under this subsection takes effect as follows:
(i) if the member applied for disability retirement before terminating City employment, the retirement is effective as of the first day following the member’s last day of City employment; and
(ii) if the member applied for disability retirement after terminating City employment, the retirement is effective 30 days after the date on which the Board received a completed application.
(4) Amount of line-of-duty disability retirement benefit.
Upon being awarded a retirement benefit under this subsection (c), a member is entitled to receive a maximum retirement allowance consisting of:
(i) an annuity equal to the actuarial equivalent of the member’s accumulated contributions at the time of retirement; plus
(ii) a pension equaling 66.667% of the member’s current annual earnable compensation.
(d) Deferred vested retirement benefit.
(1) Eligibility.
(i) First became member on or before December 5, 2016.
An elected official who first became a member on or before December 5, 2016, is entitled to receive, commencing on the 1st day of the month immediately following his or her 50th birthday, a deferred vested retirement benefit, if the member has:
(A) at least 12 years of service but less than 16 years of service;
(B) left office before attaining age 50; and
(C) after leaving office, elected not to withdraw his or her accumulated contributions with this System.
(ii) First became member on or after December 6, 2016.
An elected official who first became a member on or after December 6, 2016, is entitled to receive, commencing on the 1st day of the month immediately following his or her 55th birthday, a deferred vested retirement benefit, if the member has:
(A) at least 12 years of service;
(B) left office before attaining age 55; and
(C) after leaving office, elected not to withdraw his or her accumulated contributions with this System.
(2) Application.
Prior to receiving a deferred vested retirement benefit, a member must:
(i) file the appropriate application with the Board of Trustees, in the form and containing the information that the Board requires; and
(ii) specify on the form the date, which is not less than 30 days nor more than 90 days after the date of filing the application, on which the member desires his or her benefits to commence.
(3) Benefit amount.
The deferred vested retirement benefit is equal to the member’s accrued service retirement benefit, as calculated under subsection (a)(3) of this section.
(4) Death prior to commencement of deferred vested retirement benefit.
(i) Scope of paragraph.
This paragraph will apply to a member who:
(A) satisfies the requirements for a deferred vested retirement benefit under paragraph (1) of this subsection; and
(B) dies before filing an application under paragraph (2) of this subsection.
(ii) Return of accumulated contributions.
On the member’s death, his or her accumulated contributions, including regular interest to the date of death, will be paid:
(A) to the member’s designated beneficiary;
(B) if there is no designated beneficiary or if the designated beneficiary predeceases the member, to the member’s surviving spouse;
(C) if there is no designated beneficiary and no surviving spouse, to the member’s children, in equal shares;
(D) if there is no designated beneficiary, surviving spouse, or surviving child, to the member’s surviving parents, in equal shares; and
(E) otherwise, to the member’s estate.
(iii) No other benefit.
Any beneficiary or estate receiving benefits under this paragraph (4) is not entitled to any other benefit under this section.
(e) Method of payment.
(1) Maximum retirement allowance.
(i) Any member eligible to receive a retirement allowance under subsections (a), (b), (c) or (d) of this section is entitled to receive an annual maximum benefit without actuarial modification.
(ii) On receipt of proper proof of death of a retired member receiving the maximum benefit, the Board of Trustees shall pay an amount equal to 40% of the retired member’s retirement allowance as of the date of the retired member’s death, to one of the following beneficiaries:
(A) if the retired member is survived by a spouse to whom the retired member was married for at least 1 year immediately before the retired member’s retirement date, the benefit shall be paid to the surviving spouse, to continue for the spouse’s lifetime or until the spouse remarries before age 70; or
(B) if there is no qualifying surviving spouse or if the surviving spouse remarries before age 70 or dies, then the benefit shall be paid to the retired member’s minor children, in equal shares, to continue until the children are no longer minors, as defined in § 17A(22) of this article.
(iii) For purposes of this paragraph (1), when a retired member’s child is no longer a minor and consequently ceases to receive benefits under this paragraph (1), each remaining minor child shall begin to receive, in addition to his or her existing benefit, an equal share of the benefit formerly paid to the other child. This process continues until the youngest child is no longer a minor.
(2) Benefit options.
(i) In general.
Instead of the allowance provided for in paragraph (1) of this subsection, a member who is entitled to receive a retirement allowance from this system may elect to receive a lesser retirement allowance for life from among the options set forth in subparagraphs (ii) through (v) of this paragraph (2). The lesser optional retirement allowance that the retired member will receive, when combined with the optional survivorship benefit selected by the retired member, will equal the actuarial equivalent of the retired member’s maximum retirement allowance computed as of the retired member’s retirement date.
(ii) Reserve guarantee option.
(A) As soon as administratively practicable after the death of a retired member who elected this reserve guarantee option, the balance of the present value of the retired member’s benefit at retirement, after deducting the total amount of periodic payments received by the retired member during his or her lifetime, shall be paid in the form of a lump-sum cash payment as follows:
1. to the retired member’s designated beneficiary; or
2. if no beneficiary has been designated or if the designated beneficiary predeceases the retired member, to the retired member’s estate.
(B) A member who elects this option may change his or her designated beneficiary at any time throughout the member’s retirement.
(iii) Joint and survivor options.
(A) On the retired member’s death, the member’s designated beneficiary will receive a lifetime benefit of either, as elected by the member:
1. 100% of the periodical allowance the retired member was receiving at the time of death; or
2. 50% of the periodical allowance the retired member was receiving at the time of death.
(B) Within 30 days of the retired member’s retirement date, the retired member may elect to change the designated beneficiary for benefits under this subparagraph (iii).
(C) If the designated beneficiary predeceases the retired member while still within 30 days of the retirement date, the retired member may designate a new beneficiary within 30 days of the designated beneficiary’s death.
(D) If the designated beneficiary predeceases the retired member while within 30 days of the retirement date and the retired member does not designate a new beneficiary within 30 days of the designated beneficiary’s death or if the designated beneficiary dies on or after the 31st day following the retirement date:
1. the retired member continues to receive a lesser retirement allowance under this survivorship option;
2. no new beneficiary may be designated; and
3. on the retired member’s death, no survivorship benefit is payable.
(iv) “Pop-up” joint and survivor options.
(A) On the retired member’s death, the member’s designated beneficiary will receive a lifetime benefit of either, as elected by the member:
1. 100% of the periodical allowance the retired member was receiving at the time of death; or
2. 50% of the periodical allowance the retired member was receiving at the time of death.
(B) Within 30 days of the retired member’s retirement date, the retired member may elect to change the designated beneficiary for benefits under this subparagraph (iv).
(C) If the designated beneficiary predeceases the retired member while still within 30 days of the retirement date, the retired member may designate a new beneficiary within 30 days after the designated beneficiary’s death.
(D) If the designated beneficiary predeceases the retired member while within 30 days of the retirement date and the retired member does not designate a new beneficiary within 30 days after the designated beneficiary’s death or if the designated beneficiary dies on or after the 31st day following the retirement date:
1. the retired member receives the maximum retirement allowance, effective from the 1st day after the death of the designated beneficiary;
2. no other beneficiary may be designated; and
3. on the retired member’s death, no survivorship benefit is payable, whether under this survivorship option or the maximum retirement allowance.
(v) Specific benefit option.
(A) On the retired member’s death, the member’s designated beneficiary will receive, as elected by the member before the member’s retirement date:
1. a specific lump-sum amount; or
2. a specific periodical allowance, payable to the designated beneficiary for life.
(B) This pre-determined benefit must be approved, at the time of the member’s retirement, by the Board of Trustees pursuant to the recommendation of the system’s actuary.
(C) Within 30 days of the retired member’s retirement date, the retired member may elect to change the designated beneficiary for benefits under this subparagraph (v).
(D) If the designated beneficiary predeceases the retired member while still within 30 days of the retirement date, the retired member may designate a new beneficiary within 30 days after the designated beneficiary’s death.
(E) If the designated beneficiary predeceases the retired member while within 30 days of the retirement date and the retired member does not designate a new beneficiary within 30 days after the designated beneficiary’s death or if the designated beneficiary dies on or after the 31st day following the retirement date:
1. the retired member continues to receive a lesser retirement allowance under this survivorship option;
2. no other beneficiary may be designated; and
3. on the retired member’s death, no survivorship benefit is payable.
(3) Change of election within 30 days.
(i) Any retired member may elect to make the changes authorized in this paragraph (3) on or before the later of:
(A) the 30th day after the retired member’s retirement date; or
(B) if the retired member’s designated beneficiary predeceases the retired member while within 30 days of the retirement date, the 30th day after the designated beneficiary’s death.
(ii) Within the periods specified, a retired member may elect to change:
(A) the retired member’s maximum allowance under paragraph (1) of this subsection to any one of the actuarially modified retirement allowances under paragraph (2) of this subsection;
(B) the retired member’s election for an actuarially modified retirement allowance under paragraph (2) of this subsection to the maximum allowance under paragraph (1) of this subsection; or
(C) the retired member’s election for one actuarially modified retirement allowance under paragraph (2) of this subsection to any other of the allowances under paragraph (2) of this subsection.
(iii) Any payments made to a retired member under the original election shall be taken into account in computing the allowance to be paid under the subsequent election.
(f) Non-line-of-duty death benefit.
(1) Scope of subsection.
This subsection (f) applies to a member who dies while serving as an elected official for Baltimore City, but whose death does not qualify under subsection (g) as a line-of-duty death.
(2) Lump-sum death benefit.
(i) On receipt of a written application and proper proof of the death of a member in service, the Board of Trustees shall pay the lump-sum amount provided in this paragraph (2), but only if no benefits are paid under paragraph (3) of this subsection.
(ii) The lump-sum payment shall consist of:
(A) the member’s accumulated contributions; plus
(B) if the member has acquired 1 or more years of service, 50% of the member’s current annual compensation on the date of the member’s death.
(iii) The lump-sum amount shall be paid:
(A) to the member’s designated beneficiary;
(B) if there is no designated beneficiary or if the designated beneficiary predeceases the member, to the member’s surviving spouse;
(C) if there is no designated beneficiary and no surviving spouse, to the member’s children, in equal shares;
(D) if there is no designated beneficiary, surviving spouse, or surviving child, to the member’s surviving parents, in equal shares; and
(E) otherwise, to the member’s estate.
(3) 100% survivorship death benefit.
(i) If the member was eligible for a service retirement allowance on the date of the member’s death and a proper application is filed under subparagraph (iv) of this paragraph (3), the Board of Trustees shall pay a benefit equal to that which would have been paid to a surviving beneficiary under the 100% survivorship benefit of subsection (e)(2)(iii)(A)1 of this section had the member elected that survivorship benefit in favor of that beneficiary and retired as of the date of death.
(ii) The benefit shall be paid:
(A) to the member’s designated beneficiary, to continue for life, as long as that designated beneficiary is limited to:
1. the member’s surviving spouse to whom the member was married for at least 1 year immediately before the date of the member’s death; or
2. the member’s surviving parent; or
(B) if the designated beneficiary is not the member’s spouse and the beneficiary predeceases the member, or if there is no designated beneficiary, then to the member’s surviving spouse, to continue for life, if the member was married to that spouse for at least 1 year immediately before the date of the member’s death.
(iii) If a member files with the Board of Trustees a written designation that names someone other than a spouse or parent as beneficiary, and if that beneficiary does not predecease the member, the benefits of this paragraph (3) are not available to the surviving spouse or parent of the member.
(iv) The benefit provided by this paragraph (3) is in place of all benefits provided under paragraph (2) of this subsection.
(v) To receive the benefit provided under this paragraph (3), the surviving spouse or parent must apply in writing, on forms provided by the Board of Trustees, within 60 days after the death of the member.
(4) Death without beneficiaries, heirs, or estate.
The amounts that would have been paid under this subsection (f), excluding membership contribution accounts, with interest, forever remain assets of the system if:
(i) a member dies without designating a beneficiary;
(ii) that member has no heirs, as enumerated in §§ 3-102 through 3-104 of the Estates and Trusts Article of the Maryland Code; and
(iii) no estate for that member is opened within 2 years of the member’s death.
(5) Death of retired member within 30 days of retirement.
(i) Scope of paragraph.
Except as specified in subparagraph (ii) below, this paragraph (5) applies to:
(A) a retired member who:
1. has been granted a retirement under subsection (a), (b), (c), or (d) of this section;
2. dies within 30 days of his or her retirement date; and
3. does not die from injuries that caused or contributed to the member being awarded a retirement pursuant to subsection (c) of this section; or
(B) a retired member who:
1. retires before reaching age 50;
2. when applying for retirement, elects to postpone receipt of his or her retirement allowance until age 50 pursuant to subsection (k) of this section; and
3. dies within 30 days after reaching age 50.
(ii) Exception.
This paragraph does not apply to a former member who terminates employment before reaching age 50 without immediate entitlement to retirement benefits.
(iii) Death deemed to be during active service.
Any retired member described in subparagraph (i) of this paragraph (5) is deemed to have died while serving as an elected official of Baltimore City and, instead of any other service or disability benefits under this system, a death benefit under this subsection (f) will be paid as if the retired member died during active service.
(iv) Offset of payments received.
Any pension benefits paid by this system and received by the retired member or former member before he or she died shall be offset against the death benefits payable under this paragraph.
(g) Line-of-duty death benefit.
(1) Scope of subsection.
This subsection applies only to a member:
(i) who dies while a member of this system; and
(ii) whose death has been determined by a hearing examiner to have occurred:
(A) from the natural and proximate result of the actual performance of duty; and
(B) without willful negligence on the part of the member.
(2) Line-of-duty death benefit.
(i) On the receipt of a written application, proper proof of death, and an award by a hearing examiner of a line-of-duty death benefit, the Board of Trustees shall pay:
(A) the member’s accumulated contributions:
1. to the member’s designated beneficiary;
2. if there is no designated beneficiary, or if the designated beneficiary predeceases the member, to the member’s surviving spouse;
3. if there is no designated beneficiary and no surviving spouse, to the member’s children, in equal shares;
4. if there is no designated beneficiary, surviving spouse, or surviving child, to the member’s surviving parents, in equal shares; and
5. otherwise, to the member’s estate; and
(B) a pension of 100% of the member’s current annual compensation on the date of the member’s death:
1. to the member’s surviving spouse, to continue for the spouse’s lifetime or until the spouse remarries before age 70;
2. if there is no surviving spouse or if the surviving spouse remarries before age 70 or dies, to the member’s minor children to be paid to each child, in equal shares, until that child is no longer a minor, as defined in § 17A(22 ) of this article;
3. if there is no surviving spouse or minor children, to either or both of the member’s surviving dependent parents who are designated beneficiaries, to continue for life, in the percentages designated by the member; or
4. if there is no surviving spouse or minor children and if the deceased member did not designate his or her surviving parents as beneficiaries, then to either or both of the member’s surviving dependent parents, to continue for life, as the Board of Trustees in its discretion directs.
(ii) For purposes of subparagraph (i)(B)3. of this paragraph (2), “dependent” means the level of dependency required by Internal Revenue Code § 152.
(iii) For purposes of this paragraph (2), when a member’s child is no longer a minor and consequently ceases to receive benefits under this paragraph (2), each remaining minor child shall begin to receive, in addition to his or her existing benefit, an equal share of the benefit formerly paid to the other child. This process continues until the member’s youngest child is no longer a minor.
(iv) For purposes of this paragraph (2), where a member’s line-of-duty death benefit is paid to both of the member’s surviving parents and one parent dies, the remaining parent shall then begin receiving, in addition to his or her existing benefit, the benefit formerly paid to the deceased parent.
(3) Death on account of a line-of-duty injury.
(i) Scope of subsection.
This paragraph (3) applies to any member who:
(A) has been granted a retirement under subsection (c) of this section;
(B) elects to receive maximum benefits or a lesser retirement allowance with actuarial modification; and
(C) dies from injuries that caused or contributed to the member being awarded a retirement pursuant to subsection (c) of this section.
(ii) A member described in subparagraph (i) of this paragraph (3) is considered, for purposes of paragraph (1)(i) of this subsection, to have died as a member in service. To the extent to which they are entitled, the beneficiaries of the member shall receive line-of-duty death benefits under paragraph (2) of this subsection (g).
(iii) Any accumulated contributions payable to the designated beneficiary of a member whose death is governed by this paragraph (3) shall be reduced by the amount of annuity payments that the deceased member previously received through a line-of-duty disability retirement allowance.
(4) Death without beneficiaries, heirs, or estate.
The amounts that would have been paid under paragraph (2) of this subsection (g), excluding membership contribution accounts, with interest, forever remain assets of the system if:
(i) a member dies without designating a beneficiary;
(ii) that member has no heirs, as enumerated in §§ 3-102 through 3-104 of the Estates and Trusts Article of the Maryland Code; and
(iii) no estate for that member is opened within 2 years of the member’s death.
(h) Pensions offset by compensation benefits.
(1) Scope of subsection.
This subsection applies to an employee or the beneficiary of an employee who:
(i) on account of a disability or death, was awarded a benefit paid by the City under the State Workers’ Compensation Law; and
(ii) on account of the same disability or death, was awarded a disability or death benefit from this system.
(2) Method of offset.
A member or beneficiary described in paragraph (1) of this subsection (h) shall have the full amount of his or her Workers’ Compensation benefit offset against any disability or death benefit payable from this system until the total amount of the Workers’ Compensation benefit has been recovered. This offset shall be calculated using an actuarial method and appropriate annuity factors recommended by the system’s actuary and approved by the Board of Trustees.
(3) Restoration of amount offset.
On recovery of the full dollar amount of the Workers’ Compensation benefit through the offset described in paragraph (2) of this subsection (h), the reduced disability or death benefit payable to a member or beneficiary of a deceased member of this system shall be increased to the full, unreduced amount of the disability or death benefit payable to the member or beneficiary, as appropriate.
(i) Refund of accumulated contributions.
Any member who ceases to serve as an elected official of Baltimore City before becoming eligible to receive any benefits under this section may receive a refund of his or her accumulated contributions with interest credited to the member’s last day in office.
(j) Forfeiture of benefits.
(1) In general.
No benefits provided under this section will be paid or payable to any elected official, or his or her beneficiary, who is convicted of a job-related offense, such offense being either a misdemeanor or felony punishable by incarceration for more than 6 months or punishable by a fine in excess of $500.00.
(2) Job-related defined.
To be job-related, the offense must be committed by the member in the performance of his duties as an Elected Official of the City of Baltimore and committed against the City of Baltimore.
(3) Conviction after retirement.
This prohibition will be applicable even though a retiree of this system or his or her beneficiary is receiving benefits under this section at the time of said conviction. In such event, the retiree or his or her beneficiary shall forfeit said benefits and be entitled to only the return of the member’s accumulated contributions with interest less any benefit payments made under this section.
(k) Postponement and suspension of retirement benefits.
(1) This subsection (k) applies to members who are no longer employed in a permanent full-time or permanent part-time position with the City and were either:
(i) members of this System who were eligible to retire but chose to postpone receipt of retirement benefits to begin employment in a position covered by another City system; or
(ii) retirees who were receiving retirement benefits from this System but chose to suspend receipt of those benefits to begin employment in a position covered by another City system.
(2) Pursuant to § 48 of this article, members described in paragraph (1) of this subsection, on ceasing all permanent full-time and permanent part-time employment with the City, shall receive benefits calculated to include all increases in current annual earnable compensation set by this System under § 17A(9) that the member or retiree would have been eligible to receive as a retiree had retirement benefits not been Postponed or suspended.
(l) Compliance with Internal Revenue Code § 415.
Notwithstanding any other provision of this subtitle, no benefits are provided under this subtitle to the extent that they exceed the limitations applicable to governmental plans in Internal Revenue Code § 415 and the regulations adopted under it.
(m) Compliance with Internal Revenue Code § 401(a)(9).
(1) Distributions under this subtitle shall be made in accordance with a reasonable good faith interpretation of Internal Revenue Code § 401(a)(9), as applicable to this System. This subsection is intended to comply with a reasonable good faith interpretation of Internal Revenue Code § 401(a)(9) to the extent applicable to this System, and may not be interpreted to impose any requirements on this System or on any member or beneficiary of this System beyond those required to comply with a reasonable good faith interpretation of § 401(a)(9). This subsection only specifies the latest permissible time by which distributions must begin and the longest permissible period over which distributions may be made, and in no way precludes any earlier commencement or more rapid distribution provided for in this subtitle.
(2) Distribution of a member’s retirement benefit shall begin no later than the April 1 following the calendar year during which the member both has reached age 70½ and has terminated employment with the City. Distribution shall be made over a period not extending beyond the life of the member or the joint lives of the member and his or her beneficiary.
(3) If a member dies before distribution of his or her retirement benefit begins, the member’s entire benefit shall be distributed within 5 years after death. This requirement is deemed satisfied by any distribution of the member’s benefit payable to his or her designated beneficiary over a period not extending beyond the life or life expectancy of the beneficiary, as long as those distributions begin no later than December 31 of the calendar year following the calendar year of the member’s death. However, if the designated beneficiary is the member’s surviving spouse, the date on which the distributions are required to begin is December 31 of the calendar year in which the member would have attained age 70½. This paragraph (3) does not apply if distribution of the member’s benefit began before his or her death and the remaining portion of the member’s benefit is distributed at least as rapidly as under the method of distribution being used at the date of the member’s death. Any amount paid to a child is treated as if it had been paid to a surviving spouse if that amount is paid to the surviving spouse when that child reaches the age of majority.
(n) Compensation limit.
(1) General rule.
The annual compensation of each member taken into account under this subtitle shall not exceed the federal Omnibus Budget Reconciliation Act of 1993 (“OBRA ’93") annual compensation limit. The OBRA ’93 annual compensation limit is $150,000, adjusted for cost of living increases under Internal Revenue Code § 401(a)(17)(B) and subject to the fresh start provisions set forth in paragraph (2) of this subsection. The cost of living adjustment in effect for a calendar year applies to any period not exceeding 12 months over which compensation is determined (the “determination period”) beginning in that calendar year. If a determination period consists of fewer than 12 months, the annual compensation limit will be multiplied by a fraction, the numerator of which is the number of months in the short determination period and the denominator of which is 12. If compensation for any prior determination period is taken into account in determining a member’s retirement benefit in the current year, the compensation for that prior determination period is subject to the OBRA ’93 annual compensation limit for that prior determination period. For this purpose, for determination periods beginning before July 1, 1994, the OBRA ’93 annual compensation limit is $150,000.
(2) Special rule.
(i) In this paragraph, “§ 401(a)(17) member” means any member on or after July 1, 1994, whose annual compensation for any year before 1994 exceeded $150,000.
(ii) This paragraph (2) applies to determine the retirement benefit of a § 401(a)(17) member.
(iii) The retirement benefit of a § 401(a)(17) member shall be the greater of (A) or (B) below:
(A) the member’s retirement benefit on June 30, 1994, determined as though the member terminated service with the City on that date, without regard to any amendments to this subtitle enacted after that date and taking into account annual compensation up to the applicable § 401(a)(17) limitation for each year before July 1, 1994; or
(B) the member’s retirement benefit, determined without regard to this paragraph (2).
(o) Eligible rollover distribution.
(1) Definitions.
(i) In this subsection, the following terms have the meanings indicated:
(ii)
(A) “Eligible rollover distribution” means any distribution of all or any portion of the balance to the credit of the distributee.
(B) “Eligible rollover distribution” does not include:
1. any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee’s designated beneficiary, or for a specified period of 10 years or more;
2. any distribution to the extent that it is required under Internal Revenue Code § 401(a)(9); and
3. the portion of any distribution that is not includible in gross income, determined without regard to the exclusion for net unrealized appreciation with respect to employer securities.
(C) Eligible rollover distribution; After-tax employee contributions.
1. A portion of a distribution does not fail to be an “eligible rollover distribution” merely because the portion consists of after-tax employee contributions that are not includible in gross income.
2. However, the portion may be transferred only to:
i. an individual retirement account or annuity described in Internal Revenue Code § 408(a) or (b);
ii. for taxable years beginning after December 31, 2001, and before January 1, 2007, to a qualified trust that is part of a defined contribution plan that agrees to separately account for amounts so transferred, including separately accounting for the portion of the distribution that is includible in gross income and the portion of the distribution that is not so includible; or
iii. for taxable years beginning after December 31, 2006, to a qualified trust or to an annuity contract described in Internal Revenue Code § 403(B), if the trust or contract provides for separate accounting for amounts so transferred (including interest on those amounts), including separately accounting for the portion of the distribution that is includible in gross income and the portion of the distribution that is not so includible.
(iii) “Eligible retirement plan” means any of the following that accepts the distributee’s eligible rollover distribution:
(A) an individual retirement account described in Internal Revenue Code § 408(a);
(B) an individual retirement annuity described in Internal Revenue Code § 408(b);
(C) an annuity plan described in Internal Revenue Code § 403(a);
(D) a qualified trust described in Internal Revenue Code § 401(a);
(E) an annuity contract described in Internal Revenue Code § 403(b);
(F) an eligible plan described in Internal Revenue Code § 457(b), if it is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state and it agrees to separately account for amounts transferred into that plan from this System; or
(G) for distributions made on or after January 1, 2008, a Roth IRA described in Internal Revenue Code § 408A, subject to the restrictions that apply to rollovers to a Roth IRA.
(iv)
(A) “Distributee” means an employee or former employee.
(B) In addition, the employee’s or former employee’s surviving spouse and the employee’s or former employee’s spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in Internal Revenue Code § 414(p), are “distributees” with regard to the interest of the spouse or former spouse. Effective July 1, 2010, a “distributee” also includes the employee’s or former employee’s nonspouse designated beneficiary. In the case of a nonspouse beneficiary, the direct rollover may be made only to an individual retirement account or annuity described in Internal Revenue Code § 408(a) or (B) (“IRA”) that is established on behalf of the designated beneficiary and that will be treated as an inherited IRA under § 402(c)(11).
(v) “Direct rollover” means a payment under this subtitle to the eligible retirement plan specified by the distributee.
(2) Direct rollovers.
Notwithstanding any provision of this subtitle that would otherwise limit a distributee’s election under this section, a distributee may elect, at the time and in the manner prescribed by the Board of Trustees, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover.
(p) Vesting on System termination.
Notwithstanding any other provision of this subtitle, on the effective date of a termination or partial termination of this System, as determined under applicable Internal Revenue Service regulations and rulings, all affected members who are not already vested in their accrued benefits become immediately vested in those benefits, to the extent the benefits are funded.
(Ord. 20-459; Ord. 16-576; Ord. 16-488; Ord. 13-191; Ord. 12-043; Ord. 05-173; Ord. 99-451; Ord. 98-290A; Ord. 97-168; Ord. 95-651; Ord 91-791, Ord. 93-249; Ord. 91-701; Ord. 86-768; Ord. 83-1105.)
