TITLE 22. PUBLIC EMPLOYEES RETIREMENT CODE
CHAPTER 22-900. CONTRIBUTIONS
§22-902. Member Contributions.
(1) Member Contributions for Current
Service.
(a) General Rule; exception. Member contributions shall be
made to the Retirement System on behalf of each member for current service
except for any period of service in which a limitation on contributions is
imposed by Tax Code Sections 401(a)(17) and/or 415 of the Tax
Code.
(b) Pickup contributions; treatment for purposes of Tax Code. All
member contributions required to be made for current service rendered by a
member on or after January 1, 1983 shall be picked up by the City by means of
payroll deduction and shall be treated as employer contributions for purposes of
Section 414(h) of the Tax Code.
(c) Treatment for other purposes. For
all other purposes under this Title and otherwise, such pickup contributions
shall be treated as contributions made by a member in the same manner and to the
same extent as contributions made by a member prior to January 1,
1983.
(2) Basic Contribution Rate. Member contributions shall be made at
the following basic contribution rates:
(a) Members of Plan J who are
not covered under the Federal Social Security Act, as amended, six percent (6%)
of compensation.
(b) Members of Plan J who are covered by the Federal
Social Security Act, as amended, three and three-quarters percent (3-3/4%) of
that portion of compensation which is subject to tax under the Federal Insurance
Contributions Act (26 U.S.C. Section 3101 et seq.) plus six percent (6%) of that
portion of compensation which is not subject to such tax, exclusive of that
portion of such tax attributable to coverage for hospital insurance
benefits.
(c) Members of Plan D, six percent (6%) of
compensation.
(d) Members of Plan X, six percent (6%) of
compensation.
(e) Members of Plan A, Plan B, Plan L, or Plan Y, such
contributions as the Board shall determine based on the most recent actuarial
valuation report, in accordance with the following:
(.1) Separate
basic contribution rates shall be determined for members of each of Plan A, Plan
B, Plan L, or Plan Y.
(.2) For members of Plan L, and Plan Y, the
required contributions shall equal thirty percent (30%) of the aggregate normal
cost for all members in such plans, including but not necessarily limited to,
the normal cost for service retirement benefits, separation service retirement
benefits; optional early retirement benefits, disability benefits, death
benefits, survivor benefits, and expenses; provided, however, that for that
portion of the benefits under Plan L which exceeds those available to members of
Plan Y, the required Plan L contribution for each employee shall equal a
proportionate share of one hundred percent (100%) of the aggregate normal cost
of such greater benefits for all such members.
(.3) For members in
Plan A and Plan B, the required employee contribution shall be five percent (5%)
of payroll provided that this percentage is at least equal to thirty percent
(30%) of the normal cost for members in Plan A and Plan B. If five percent (5%)
of payroll does not equal thirty percent (30%) of the normal cost, the
contribution percentage will be adjusted to equal the thirty percent (30%) of
the normal cost. If the five percent (5%) of payroll exceeds fifty percent
(50%) of the normal cost, the contribution percentage will be adjusted so as not
to exceed fifty percent (50%) of such normal cost.
(.4) Member
contributions shall be determined as a uniform percentage of compensation for
all members in a plan.
(.5) Cost to members may change yearly
depending on fluctuations in the normal cost of the Retirement System. Changes
in the cost to members shall take effect on the first day of the first pay
period ending after the first anniversary of the actuarial valuation affecting
the change.
(.6) Additional contributions may be required pursuant to
the vesting provisions in Section 22-301 of this Title.
(3) Election to
cease contributions. No member of the Retirement System will be required to pay
contributions to the System after having attained the maximum allowable credited
service upon which the member's pension will be
calculated.
(a) When the maximum allowable credited service has been
attained, whether through continuous membership by employment or through the
purchase of credits for prior City service or through the purchase of credits
for governmental service or leaves of absence, the employee may elect to suspend
all further pension contributions. The election shall be made in writing by the
employee to the Board.
(.1) The employee will be entitled to receive a
refund, without interest, of all contributions made by the employee after the
date of completion of the maximum allowable credited service.
(b) An
employee who has attained the maximum allowable credited service through
continuous membership by employment or through the purchase of credits for prior
City service or the purchase of credits for leaves of absence and who had
previously elected to purchase governmental service in accordance with
provisions of § 22-802 may elect to forfeit credit for that service. An
employee who elects to forfeit that credit shall be reimbursed the entire amount
of the cost, including interest and penalties, paid by the employee for the
purchase of credit for this prior governmental service.
(c) Any
employee who elects to cease his/her contributions to the pension system under
§ 22-902(3) shall have their pension benefit frozen as of the date their
employee contributions cease.
(d) For purposes of this Section, the
phrase "maximum allowable credited service" means that amount of service which,
when multiplied by the applicable percentage or fraction for the member's
plan, as provided in § 22-301, to calculate the member's pension,
would yield the maximum pension provided in this Title, expressed as a
percentage of average final compensation, based on the member's average
final compensation at the time the member makes the election in §
22-902(3)(a).
(Comment: This section incorporates the terms of Bill No.
20, approved February 7, 1997. Subsection (d) is added to provide clarification
by defining a term left undefined in the original bill.)