Section 6-B2605. DISTRICT CONTRIBUTIONS TO THE TRUST

 

2605.1The District shall make contributions not less frequently than quarterly to the Trust in an amount equal to the sum of the amounts calculated pursuant to §§ 2605.2 and 2605.3, which shall be allocated to the active account of each participant subject to the limitations on contributions as established by IRC § 415.

 

2605.2For each participant other than a detention officer, the District shall contribute an amount equal to the level of contribution designated in the budget of the District, subject to the limitation on contributions as established by IRC § 415; however, in no event shall the amount be less than seven percent (7%) of the base salary of each participant.

 

2605.3For each participant who is employed as a detention officer, the District shall contribute an amount equal to the level of contribution designated in the budget of the District, subject to the limitation on contributions as established by IRC § 415; however, in no event shall the amount be less than seven and one-half percent (71/2%) of the base salary of each participant.

 

2605.4The District shall only make contributions which are consistent with the Act, this chapter, and the Plan Document. The District shall not make contributions for any of the following:

 

(a)Any employee who has not attained one (1) year of creditable service;

 

(b)Any participant during the time that the participant performs service in noncovered employment;

 

(c)The period of time during which a participant is in a non-pay status;

 

(d)The period of time during which a participant has been removed or suspended from service without pay, except as provided for in § 2602.8;

 

(e)The time period during which any participant is separated from service in excess of three (3) work days, except as provided in §§ 2602.6 and 2602.8; and

 

(f)Any participant whose participation in the Plan is not in compliance with the Act, this chapter, or the Plan Document.

 

2605.5A participant is neither required nor permitted to make payments to the Trust.

 

2605.6Contributions shall be made in accordance with the Act and shall not be made in any manner so as to discriminate in favor of any participant or group of participants.

 

2605.7A participant shall have no right to any contributions or income allocated to his or her active account until the participant becomes vested in accordance with § 2602.3.

 

2605.8If a participant separates from service prior to attaining five (5) years of creditable service, no contributions shall be allocated to his or her active account during the period of separation, and all contributions and income previously allocated to his or her active account shall be transferred to an inactive account during the period of separation.

 

2605.9If a former participant is reemployed with the District in accordance with § 2602.6 or 2602.8, all contributions and income transferred to an inactive account shall be reinstated to the participant, and transferred back to an active account.

 

2605.10If a participant separates from service prior to attaining five (5) years of creditable service, and is not reemployed with the District in accordance with § 2602.6 or 2602.8, then his or her contributions and income which have been transferred to an inactive account shall be forfeited.

 

2605.11The Trustee shall return to the District contributions which are made to the Trust, and any income thereon, in the event that any of the following are true:

 

(a)The Plan does not qualify under IRC §§ 401(a) and 501(a);

 

(b)The contributions or income have been allocated to any active or inactive account under a mistake of fact; or

 

(c)Any funds remain in the Trust after the Plan has terminated and all liabilities of the Trust have been satisfied.

 

2605.12No contributions to the Trust, nor any income earned thereon, shall be used for or diverted to purposes other than the exclusive benefit of the participants, former participants, and their beneficiaries, prior to the satisfaction of all liabilities to the participants, former participants, and beneficiaries.

 

source

Final Rulemaking published at 37 DCR 954 (February 2, 1990).