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