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Complete 2012 Journal - 2012 NC Conference Journal

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Section iV: Legislation and Reports 259<br />

(b) $50,000, or such greater amount as is permitted under Code section<br />

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

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

the case of a member who has more than 50% control of an employer<br />

(a “Controlled Employer”) within the meaning of Code section 415(h),<br />

contributions to a plan of the Controlled Employer that constitute annual<br />

additions (as defined in Code section 415(c)(2)) to the member shall be<br />

treated as contributions to this Plan.<br />

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

shall mean the amount of compensation received from an employer within the<br />

meaning of Code section 403(b)(3) and 414(e) which is includible in gross<br />

income, computed without regard to Code section 911 for the most recent<br />

period ending not later than the close of the taxable year which is counted as<br />

a one year period of service as defined under paragraph (3) below. Such term<br />

shall not include any amount received by a former member after the fifth taxable<br />

year following the taxable year in which such member was terminated, or<br />

utilities to the extent such amounts are not includible in compensation pursuant<br />

to Code section 107.<br />

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

expressed as a number equal to the member’s number of full years of service<br />

plus one-twelfth for each one month period of service in addition to his or her<br />

full years of service. Part-time service of a member shall be taken into account<br />

as the percentage of such service that is equal to the percentage of full-time<br />

service served.<br />

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

on Annual Additions of a member who has made an election under Code section<br />

415(c)(7) shall be determined under such Code section and the regulations issued<br />

thereunder.<br />

C. Prohibition on Before-Tax Salary Reduction Contributions - Before-tax contributions<br />

under a salary reduction agreement shall not be permitted under this Fund.<br />

IX. Death Benefits - When a participating member of the Fund dies, the Treasurer shall<br />

pay to his or her designated beneficiary or beneficiaries, otherwise to his or her estate,<br />

the full amount of the base benefit payments plus the dividends, if any, added to his or<br />

her account. In the event that a minister dies prior to the eleventh year of membership,<br />

the designated beneficiary or beneficiaries, or otherwise the estate, shall receive the full<br />

amount of the base benefit payments plus the assessments contributed by the participating<br />

member. In no case would the beneficiary, beneficiaries or estate receive less at the<br />

time of the ministers death than the member’s assessments plus simple interest credited<br />

annually at the rate of The United Methodist Foundation, Inc., cumulative dividend<br />

yield for the most recent four quarters prior to the date of death.<br />

X. Designation of Beneficiary - Each member shall provide the <strong>Conference</strong> Treasurer the<br />

name(s) of the beneficiary or beneficiaries to whom the death benefits described in Article<br />

IX are to be paid in the event of death. The designation shall be indicated on a form<br />

provided by the <strong>Conference</strong> Treasurer. A designation shall not be effective unless such<br />

form has been duly completed and filed with the <strong>Conference</strong> Treasurer. In the absence of<br />

a designated beneficiary, benefits shall be paid to the member’s estate.<br />

XI. Irrevocable Election Regarding Distribution of Funds - Members actively serving<br />

must make, prior to attaining age 59 1/2, an irrevocable election to either terminate from

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