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<section article="gsp" article_name="State Personnel and Pensions" number="21-313" title_number="21" title_name="State Retirement and Pension System" subtitle_number="3" subtitle_name="Funding">
  <level label="a">
    <text>In this section, “approved employer” means a participating employer who adopts a resolution and follows procedures as prescribed by the Board of Trustees for an employer pickup program in accordance with § 414(h)(2) of the Internal Revenue Code.</text>
  </level>
  <level label="b">
    <text>The State or other approved employer of a member shall pick up, within the meaning of § 414(h)(2) of the Internal Revenue Code, the member contributions required by this Division II.</text>
  </level>
  <level label="c">
    <text>The member contributions under subsection (b) of this section:</text>
    <level label="1">
      <text>are designated as employee contributions to be picked up by the employing unit within the meaning of § 414(h)(2) of the Internal Revenue Code and shall be treated as employer contributions in determining tax treatment under that section;</text>
    </level>
    <level label="2">
      <text>shall reduce the compensation of the member in an amount that equals the member contribution picked up by the employer;</text>
    </level>
    <level label="3">
      <text>may not be included as gross income of the member until the pickup amounts are distributed or made available to the member;</text>
    </level>
    <level label="4">
      <text>shall be paid by the State or other approved employer from the same source of funds that is used to pay compensation to the member; and</text>
    </level>
    <level label="5">
      <text>for purposes of this Division II, shall be treated in the same manner and to the same extent as member contributions made before establishment of the employer pickup program.</text>
    </level>
  </level>
</section>
