§ 24-11-210 - Requirements for qualified plans under the Internal Revenue Code.
24-11-210. Requirements for qualified plans under the Internal Revenue Code.
(a) This section shall be considered a part of the plan of each pension and relief fund that is subject to this subchapter. Each plan is intended to qualify under Section 401(a) of the Internal Revenue Code and is for the exclusive benefit of its members, retired members, and their survivors.
(b) (1) A member, retired member, or survivor of a member or retired member of a firemen's or policemen's pension and relief fund may not accrue a retirement pension, disability retirement allowance, death benefit allowance, Deferred Retirement Option Plan benefit, or any other benefit under the fund in excess of the benefit limits applicable to the fund under Section 415 of the Internal Revenue Code. The Arkansas Fire and Police Pension Review Board shall reduce the amount of any benefit that exceeds those limits by the amount of the excess.
(2) If total benefits under this fund and the benefits and contributions to which any member is entitled under any other qualified plans maintained by the employer that employs the member would otherwise exceed the applicable limits under Section 415 of the Internal Revenue Code, the benefits the member would otherwise receive from the fund shall be reduced to the extent necessary to enable the benefits to comply with Section 415 of the Internal Revenue Code, unless the employer has provided other rules that satisfy those requirements.
(c) Any member or survivor who receives any distribution that is an eligible rollover distribution as defined by Section 402(c)(4) of the Internal Revenue Code is entitled to have that distribution transferred directly to another eligible retirement plan of the member's or survivor's choice on providing direction to the pension and relief fund regarding that transfer in accordance with procedures established by the board of trustees of the pension and relief fund.
(d) The total salary taken into account for any purpose for any member or retired member who is an ineligible participant under any firemen's or policemen's pension and relief fund may not exceed one hundred fifty thousand dollars ($150,000) a year. This dollar limit shall be adjusted from time to time in accordance with guidelines provided by the United States Secretary of the Treasury. For purposes of this subsection, an "eligible participant" is a person who first became a member before 1996, and an "ineligible participant" is a member who is not an eligible participant.
(e) In the event that a firemen's or policemen's pension and relief fund is terminated or partially terminated or employer contributions to the fund are discontinued completely, the rights of the members to their accrued benefits to the extent funded shall be nonforfeitable.
(f) Distributions of benefits must begin not later than April 1 of the year following the calendar year during which the member becomes seventy and one-half (70 1/2) years of age or terminates employment with the employer, whichever is later, and must otherwise conform to Section 401(a)(9) of the Internal Revenue Code.
(g) If the amount of any benefit is to be determined on the basis of actuarial assumptions that are not otherwise specifically set forth for that purpose in this subchapter, the actuarial assumptions to be used are those earnings and mortality assumptions being used on the date of the determination by the fund's actuary and approved by the board. The actuarial assumptions being used at any particular time shall be treated for all purposes as a part of the rules and regulations of the pension and relief fund. The actuarial assumptions may be changed by the actuary if approved by the board, but a change in actuarial assumptions may not result in any decrease in benefits accrued as of the effective date of the change.
(h) (1) Notwithstanding any other provision in this subchapter to the contrary, contributions, benefits, and service credit with respect to qualified military service will be provided in accordance with Section 414(u) of the Internal Revenue Code.
(2) Subdivision (h)(1) of this section shall not preclude any person from receiving more generous treatment for military service pursuant to state law or the provisions of any firemen's or policemen's pension and relief fund if such treatment is not inconsistent with the tax qualification requirements.