38-812. Maximum annual pension; limitations;
definition


A. The maximum annual pension for a limitation year shall not exceed the following:


1. For limitation years beginning before 1995, the lesser of ninety thousand
dollars, as indexed for inflation, or one hundred per cent of the member's average yearly
salary.


2. For limitation years beginning in 1995 and ending before 2002, ninety thousand
dollars, as indexed for inflation.


3. For limitation years ending in and after 2002, one hundred sixty thousand
dollars, as indexed for inflation.


B. The limitations prescribed in subsection A shall be determined under section 415
of the internal revenue code and the regulations that are then in effect under that
section.


C. Notwithstanding this section, the pension payable under this plan may be reduced
to the extent necessary, as determined by the plan, to prevent disqualification of the
plan under section 415 of the internal revenue code, which imposes additional limitations
on the pension payable to members who also may be participating in another tax qualified
pension plan or other plan of this state. The plan shall advise affected members of any
additional limitation of their pension required by this section.


D. For the purposes of this section, "limitation year" means the plan's fiscal
year.