<?xml version='1.0' encoding='utf-8'?>
<baltimore-city-law heading="§ 5-6 Maximum annual additions.">
  <section prefix="§" num="5-6" heading="Maximum annual additions.">
    <para num="(a)" heading="Definitions.">
      <para num="(1)" heading="In general.">In this section, the following terms have the meanings indicated.</para>
      <para num="(2)" heading="“Annual additions”.">
        <para num="(i)" heading="In general.">“Annual additions” means the sum of the following amounts credited to a member’s account for the Limitation Year:<para num="(A)">Mandatory employee contributions made under&lt;cite data-path="|22A|§5-2"&gt;§ 5-2 {“Mandatory contributions by non-hybrid members”} of this subtitle&lt;/cite&gt;; and</para>
          <para num="(B)">Employer contributions made under&lt;cite data-path="|22A|§5-3"&gt;§ 5-3 {“Employer contributions”} of this subtitle&lt;/cite&gt;.</para>
        </para>
        <para num="(ii)" heading="Inclusions.">“Annual additions” includes makeup contributions made under &lt;cite data-path="|22A|§5-5"&gt;§ 5-5 {“Makeup contributions after military leave”} of this subtitle&lt;/cite&gt; for the limitation year to which the contributions relate (not for the limitation year in which the contributions are made).</para>
        <para num="(iii)" heading="Exclusions.">“Annual additions” does not include rollover contributions made under &lt;cite data-path="|22A|§5-4"&gt;§ 5-4 {“Rollover contributions”} of this subtitle&lt;/cite&gt;.</para>
      </para>
      <para num="(3)" heading="“Limitation year”.">“Limitation year” means a calendar year.</para>
      <para num="(4)" heading="“Section 415 compensation”.">
        <para num="(i)" heading="In general.">
          <para num="(A)">“Section 415 compensation” means wages, within the meaning of IRC § 3401, plus amounts that would be included in wages but for an election under IRC § 125, § 132(f)(4), § 402I(3), § 402(h)(1)(B), § 402(k), or § 457(b), and all other payments of compensation to an employee by a participating employer for which the employer is required to furnish the employee a written statement under IRC § 6041(d), § 6051(a)(3), or § 6052.</para>
          <para num="(B)">Section 415 compensation must be determined without regard to any rules under IRC § 3401 that limit the remuneration included in wages based on the nature or location of the employment or the services performed (such as the exception for agricultural labor in IRC § 3401(a)(2)).</para>
          <para num="(C)">Section 415 compensation for a limitation year is the Section 415 compensation actually paid or made available in gross income for that limitation year.</para>
        </para>
        <para num="(ii)" heading="Inclusions.">“Section 415 compensation” includes the following amounts paid after an employee’s severance from employment with a participating employer, if those amounts would have been included in subparagraph (i) of this paragraph had they been paid before severance and if those amounts are paid to the employee before the later of 2½ months after severance or the end of the calendar year in which the severance becomes effective:<para num="(A)">regular payments made after severance, if:<para num="1.">the payments are:<para num="a.">compensation for services during the employee’s regular working hours;</para>
              <para num="b.">compensation for services outside the employee’s regular working hours (such as overtime or shift differential); or</para>
              <para num="c.">commissions, bonuses, or other similar payments; and</para>
            </para>
            <para num="2.">the payments would have been paid to the employee before severance had the employee continued to be employed by the employer; and</para>
          </para>
          <para num="(B)">payments made after severance for accrued and unused bona fide sick, vacation, or other leave, if the employee would have been able to use that leave had the employee continued to be employed by the employer.</para>
        </para>
        <para num="(iii)" heading="Exclusions.">“Section 415 compensation” for a limitation year does not include compensation in excess of the compensation limit applicable to that limitation year under IRC § 401(a)(17).</para>
      </para>
    </para>
    <para num="(b)" heading="Limitation on annual additions.">Notwithstanding any other provision of &lt;cite data-path="|22A"&gt;this article&lt;/cite&gt;, to the extent required under the Internal Revenue Code, the annual additions that are credited to the account of any member in any limitation year may not exceed the lesser of:<para num="(1)">$40,000, as adjusted by cost-of-living increases under IRC § 415(d); or</para>
      <para num="(2)">100% of the member’s Section 415 compensation for the limitation year.</para>
    </para>
    <para num="(c)" heading="Correcting excess annual additions.">If, for any limitation year, the annual additions that are credited to the account of a member exceed the limitation set forth in subsection (b) of this section, the City must follow any applicable correction methodology authorized by the Internal Revenue service under the Employee Plans Compliance Resolution System (“EPCRS”) or otherwise.</para>
    <annotation type="History">Ord. 14-216</annotation>
  </section>
</baltimore-city-law>
