A. Subject to the provisions of this section, employee contributions made to the System shall not exceed the maximum annual additions permissible under Section 415 of the federal Internal Revenue Code. Notwithstanding any other provisions of law to the contrary, the Board may modify a request by a member to make contributions to the System if the amount of the contributions would exceed the limits under Section 415(c) or Section 415(n) of the federal Internal Revenue Code subject to the following:
1. Where the System’s law requires a lump sum payment, for the purchase of service credit, the Board may establish a periodic payment plan in order to avoid a contribution in excess of the limits under Section 415(c) or 415(n) of the federal Internal Revenue Code. The Board may by rule adopt a procedure for the pick-up of contributions for the purchase of service. However, the implementation of the pick-up is subject to a favorable ruling by the Internal Revenue Service; and
2. An eligible member in the System, as defined by Section 1526 of the federal Taxpayer Relief Act of 1997, may purchase service credit without regard to the limitations of Section 415(c)(1) of the federal Internal Revenue Code as provided by state law in effect on August 5, 1997.
B. Notwithstanding any other provision of law to the contrary, the Board may by rule permit the System to accept rollovers for the purchase of service.
C. If the Board’s options under subsection A or B of this section will not avoid a contribution in excess of the limits under Section 415(c) or 415(n) of the federal Internal Revenue Code, the Board shall reduce or deny the contributions.
Added by Laws 1999, c. 257, § 13, eff. July 1, 1999.
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