§ 34.040 COMPLIANCE WITH INTERNAL REVENUE CODE.
   (A)   All references to the Internal Revenue Code or IRC mean the Internal Revenue Code of 1986, as amended. This Plan is expressly subject to the condition that the Internal Revenue Service shall issue a favorable determination letter to the effect that the Plan continues to meet the requirements of the Federal Internal Revenue Code and regulations issued thereunder with respect to employees’ trusts.
   (B)   Notwithstanding any other provision of this Plan, contributions, benefits and service credit with respect to qualified military service shall be provided in accordance with Section 414(u) of the Internal Revenue Code.
   (C)   Effective with respect to deaths occurring on or after January 1, 2007, while a member is performing qualified military service (as defined in Chapter 43 of Title 38, United States Code), to the extent required by Section 401(a)(37) of the Internal Revenue Code, survivors of a member in the Plan, are entitled to any additional benefits that the Plan would provide if the member had resumed employment and then died, such as accelerated vesting or survivor benefits that are contingent on the member’s death while employed. In any event, a deceased member’s period of qualified military service must be counted for vesting purposes.
   (D)   Beginning January 1, 2009, to the extent required by Sections 3401(h) and 414(u)(2) of the Internal Revenue Code, an individual receiving differential wage payments (while the individual is performing qualified military service (as defined in Chapter 43 of Title 38, United States Code)) from the city shall be treated as compensation for purposes of applying the limits on annual additions under Section 415(c) of the Internal Revenue Code. This provision shall be applied to all similarly situated individuals in a reasonably equivalent manner.
(Ord. 2007-22, passed 1-9-07; Am. Ord. 2010-35, passed 6-22-10)