Section XVIII-104 - Annual Compensation Limitation (Louisiana Code of Regulations)

§ XVIII-104. Annual Compensation Limitation

A. Unless otherwise provided in this Chapter, the accrued benefit of each "section 401(a)(17) employee" as that term is defined below shall be the greater of the following:

1. The employee's accrued benefit determined with respect to the benefit formula applicable for the plan year beginning on or after January 1, 1996, as applied to the employee's total years of service taken into account for purposes of benefit accruals.

2. The sum of:

a. the employee's accrued benefit as of the last day of the last plan year beginning before January 1, 1996, frozen in accordance with the provisions of section 1. 401(a)(4)-1 through 1.401(a)(4)-13 of the Code of Federal Regulations;

b. the employee's accrued benefit determined under the benefit formula applicable for the plan year beginning on or after January 1, 1996, as applied to the employee's years of service credited to the employee for plan years beginning on or after January 1, 1996, for purposes of benefit accruals.

B. A section 401(a)(17) employee shall mean any employee whose current accrued benefit, as of a date on or after the first day of the first plan year beginning on or after January 1, 1996, is based on compensation for a year beginning prior to the first day of the first plan year beginning on or after January 1, 1996, that exceeded $150,000.

C. If an employee is not a "section 401(a)(17) employee", his accrued benefit in this system shall not be based upon compensation in excess of the annual limit of section 401(a)(17) of the United States Internal Revenue Code as amended and revised.

(Promulgated by the Department of the Treasury, Board of Trustees of the Municipal Police Employees' Retirement System, LR 39:1489 (June 2013).)

AUTHORITY NOTE: Promulgated in accordance with R.S. 11:2225(B).

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