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Pre-Conference Workbook - North Carolina Conference of The ...

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those who have been participating members for more than ten years and are not in arrears for the<br />

previous year.<br />

A reserve equal to ten percent <strong>of</strong> the members’ payments and dividend fund balances as <strong>of</strong><br />

December 31 each year shall be maintained. Unrealized gains on investments shall be reserved<br />

and are not generally eligible to be distributed as annual dividends. <strong>The</strong> Hearing Committee may<br />

supplement the annual dividend from such reserves to maintain the declared dividend in an<br />

amount consistent with previous year levels when such action is deemed appropriate considering<br />

current investment returns and current economic conditions. <strong>The</strong> purpose <strong>of</strong> maintaining these<br />

reserves is to insulate the members in any year from market fluctuations and preserve the ability<br />

<strong>of</strong> the fund to consistently provide for housing needs in their retirement.<br />

In the event a member retires during a year after completing ten years <strong>of</strong> membership, such<br />

member may elect to submit payment to the Fund <strong>of</strong> that portion <strong>of</strong> their assessment for the year<br />

equal to the product <strong>of</strong> (1) the assessment the member would have paid had the member not<br />

retired, and (2) a fraction, the numerator <strong>of</strong> which is the number <strong>of</strong> whole months in the year prior<br />

to the date the member retires, and the denominator <strong>of</strong> which is 12. If a member pays the<br />

assessment described in the preceding sentence, the account <strong>of</strong> the member shall also receive<br />

as an allocation <strong>of</strong> dividends for such year an amount equal to the product <strong>of</strong> (1) the amount <strong>of</strong><br />

dividends which would be credited to the account <strong>of</strong> such member had the member not retired<br />

during such year, and (2) a fraction, the numerator <strong>of</strong> which is the number <strong>of</strong> whole months in the<br />

year prior to the date the member retires, and the denominator <strong>of</strong> which is 12.<br />

VIII.Limitations on Contributions Pursuant to the Internal Revenue Code<br />

A. In General - <strong>The</strong> contributions for any calendar year allocated to a member’s account under<br />

Articles VI and VII on behalf <strong>of</strong> a member under all Qualifying Retirement Plans in which the<br />

member participates shall not exceed the member’s Limit on Annual Additions as determined<br />

in subsection B <strong>of</strong> this Article VIII. <strong>The</strong> provisions <strong>of</strong> this Article VIII are intended to provide<br />

the limit on the amount <strong>of</strong> contributions to this Fund which are excludable from the gross<br />

income <strong>of</strong> the member pursuant to Code section 415, and shall be interpreted in a manner<br />

consistent with that Code section.<br />

B. Limit on Annual Additions Under Code Section 415<br />

1. A member’s Limit on Annual Additions shall for any calendar year be an amount equal to<br />

the lesser <strong>of</strong>:<br />

(a) 100% <strong>of</strong> the member’s includible compensation within the meaning <strong>of</strong> Code section<br />

415(c)(3)(E) in such calendar year, or<br />

(b) $51,000, or such greater amount as is permitted under Code section 415(c) as<br />

adjusted under Code section 415(d)(1)(B).<br />

For purposes <strong>of</strong> determining a member’s Limit on Annual Additions, in the case <strong>of</strong> a<br />

member who has more than 50% control <strong>of</strong> an employer (a “Controlled Employer”) within<br />

the meaning <strong>of</strong> Code section 415(h), contributions to a plan <strong>of</strong> the Controlled Employer<br />

that constitute annual additions (as defined in Code section 415(c)(2)) to the member<br />

shall be treated as contributions to this Plan.<br />

2. A member’s “includible compensation” for purposes <strong>of</strong> paragraph (1), above, shall mean<br />

the amount <strong>of</strong> compensation received from an employer within the meaning <strong>of</strong> Code<br />

section 403(b)(3) and 414(e) which is includible in gross income, computed without<br />

regard to Code section 911 for the most recent period ending not later than the close <strong>of</strong><br />

the taxable year which is counted as a one year period <strong>of</strong> service as defined under<br />

paragraph (3) below. Such term shall not include any amount received by a former<br />

member after the fifth taxable year following the taxable year in which such member was<br />

terminated, or utilities to the extent such amounts are not includible in compensation<br />

pursuant to Code section 107.<br />

3. A member’s “period <strong>of</strong> service” for purposes <strong>of</strong> paragraph (2) above shall be expressed<br />

as a number equal to the member’s number <strong>of</strong> full years <strong>of</strong> service plus one-twelfth for<br />

each one month period <strong>of</strong> service in addition to his or her full years <strong>of</strong> service. Part-time<br />

service <strong>of</strong> a member shall be taken into account as the percentage <strong>of</strong> such service that is<br />

equal to the percentage <strong>of</strong> full-time service served.<br />

Notwithstanding any provision <strong>of</strong> this Article VIII.B to the contrary, the Limit on Annual Additions <strong>of</strong><br />

a member who has made an election under Code section 415(c)(7) shall be determined under such<br />

Code section and the regulations issued thereunder.<br />

2013AnnualPensionsRpt<br />

Printed on 5/22/13<br />

Page 17 <strong>of</strong> 22<br />

57

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