Notwithstanding any provision to the contrary, the Board shall pay all benefits in accordance with a good faith interpretation of the requirements of Section 401(a)(9) of the Internal Revenue Code and the Treasury Regulations in effect under that section, as applicable to a governmental plan within the meaning of Section 414(d) of the Internal Revenue Code. The Fire and Police Pension Plan is subject to the following provisions:
(a) Distribution of a member's benefit must begin by the required beginning date, which is the later of the April 1 following the calendar year in which the member attains age 70 1/2, or April 1 of the year following the calendar year in which the member terminates.
(b) The member's entire interest must be distributed over the member's life or the lives of the member and a qualified survivor, or over a period not extending beyond the life expectancy of the member or of the member and a qualified survivor.
(c) The Board, pursuant to a court order, may pay a portion of the member's benefit to a non-member.
(d) If a member dies after the required distribution of benefits has begun, the remaining portion of the member's interest must be distributed at least as rapidly as under the method of distribution before the member's death.
(e) If a member dies before required distribution of the member's benefits has begun, the member's entire interest must be either:
(1) distributed (in accordance with federal regulations) over the life or life expectancy of the qualified survivor, with the distributions beginning no later than December 31 of the calendar year following the calendar year of the member's death, or
(2) distributed within five (5) years of the member's death.
(f) The amount of an annuity paid to a member's qualified survivor may not exceed the maximum determined under the incidental death benefit requirement of Section 401(a)(9)(G) of the Internal Revenue Code, and the minimum distribution incidental benefit rule under Treasury Regulation Section 1.401(a)(9)-6, Q&A-2.
(g) The death and disability benefits provided by the Plan are limited by the incidental benefit rule set forth in Section 401(a)(9)(G) of the Internal Revenue Code and Treasury Regulation Section 1.401-1(b)(1)(i), or any successor regulation thereto. As a result, the total death or disability benefits payable may not exceed 25% of the cost for all of the members' benefits received from the Plan.
(h) Notwithstanding the other provisions of this rule or the provisions of the Treasury Regulations, benefit options may continue so long as the option satisfies Section 401(a)(9) of the Internal Revenue Code, based on a reasonable and good faith interpretation of that section.
SECTION HISTORY
Added by Ord. No. 171,697, Eff. 8-27-97, Oper. 7-1-97.
Amended by: Ord. No. 173,272, Eff. 6-25-00, Oper. 7-1-00; In Entirety, Ord. No. 174,803, Eff. 9-16-02; In Entirety, Ord. No. 182,628, Eff. 7-16-13.