§ 22-1404.  Contributions.
   (1)   City Contributions. For each Retirement System Year, the City shall make a contribution to the Account of each Member equal to fifty percent (50%) of the Member Contribution for such year, provided that the Member Contribution is made prior to the date of the Member's separation from service, and provided further that an election pursuant to subsection 22-206(2) shall not affect contributions credited to the Account of a Member prior to such election. The above notwithstanding, in no event shall the City's annual contribution exceed one and one-half percent (1.5%) of such Member's annual Compensation. All such contributions shall be held in the Trust and administered and distributed in accordance with the terms of the DC Plan and the Trust. The City's contribution under this Section shall be offset by amounts allocated to the suspense account as provided in subsections 22-1405(3)(f) and 22-1406(2). 200
   (2)   Rollover Contributions. A Member may contribute a rollover contribution to the Trust, either by delivery of such contribution to the Board or by authorization of a contribution directly from the trustee of a Qualified Plan; provided that such Member submits written certification to the satisfaction of the Board that such contribution qualifies as an Eligible Rollover Distribution.
      (a)   A Rollover Contribution shall be considered as a part of the Account Balance of the contributing Member and shall be held in a subaccount separate from the subaccount that holds a Member's City contributions.
      (b)   Distributions from a Member's Rollover Contribution Subaccount shall be made at such time and in such manner as the distribution of other portions of the Member's Account in accordance with the provisions of the DC Plan.
   (3)   Qualified Military Leave Contributions. Notwithstanding any provision of this Plan to the contrary, a Member who takes a leave of absence on account of qualified uniformed services leave, as defined under USERRA or other applicable law, and who returns to employment with the City within the time that such reemployment rights are protected by such law, shall be entitled to all City contributions (without any adjustment for any investment gains or losses, or earnings or expenses) as required by Tax Code Sections 414(u) and 401(a)(37). With respect to a death occurring on or after January 1, 2010, if a member dies while performing qualified military service (as defined in Section 414(u) of the Tax Code), the survivors of the member are entitled to any additional benefits (other than benefit accruals relating to the period of qualified military service) provided under the Plan as if the member had resumed and then terminated employment on account of death pursuant to Section 401(a)(37) of the Tax Code. Service credit shall include the period of a deceased member's qualified military service for purposes of determining death benefits under the Plan. This Section shall be construed in accordance with Section 401(a)(37) of the Tax Code, Internal Revenue Service Notice 2010-15 and any superseding/subsequent guidance. 201

 

Notes

200
   Amended, Bill No. 161013 (approved December 9, 2016).
201
   Amended, Bill No. 150235 (approved May 20, 2015), effective January 1, 2010.