Los Angeles County Municipal Code Part III Participation

A.

Participation in this Plan is limited solely to Retired Members and Eligible Survivors whose benefits payable by the Retirement Plan are limited by Section 415(b) for periods on and after the Effective Date.

B.

Unless and until a District participates in this Plan in accordance with all the condition in Part 5, no Member who is a current or former employee of that District shall be a Participant in this Plan, and no person who is an Eligible Survivor of such Member shall receive benefits under this Plan, except that if the Member also is a current or former County employee, the Member and any Eligible Survivors shall be entitled to an amount of benefits which is a percentage of total benefits calculated under the Plan, where that percentage is determined by dividing the annual amount of that Member's (or Eligible Survivor's) Retirement Plan benefits (prior to limitation by IRC Section 415) attributable to County service by the total of that Member's (or Eligible Survivor's) annual Retirement Plan benefits (prior to limitation by IRC Section 415).

C.

Notwithstanding any other provision of the Plan, no Retired Member or Eligible Survivor shall be entitled to benefits under the Plan if he or she asserts a right to benefits under Plan F despite the termination of such plan.

(Ord. 2010-0048 § 1, 2010)

On or after the Effective Date, a Retired Member shall commence participation in this Plan on the later of: (a) the Retired Member's retirement date; or (b) the first day of the first Plan Year for which LACERA has determined that the benefits payable to the Retired Member from the Retirement Plan will exceed the limits of Section 415(b). This date is the Commencement Date. Notwithstanding the foregoing, the Retired Member shall not commence participation in this Plan if he or she has not consented (if required by LACERA) to the release of any information necessary to calculate his or her benefit under Part 4.

(Ord. 2010-0048 § 1, 2010)

A.

Participation in this Plan shall cease as of the first date for which benefits payable to the Retired Member from the Retirement Plan are no longer limited by Section 415(b) and, therefore, can be fully paid by the Retirement Plan. A Retired Member's participation shall also cease upon such Member's death or when the Retired Member's Retirement Plan benefits cease.

B.

If a District withdraws from this Plan (on a voluntary or mandatory basis), then on or after the date of such withdrawal any Participant who is receiving benefits attributable to his or her employment with such District shall cease to receive such benefits. On the withdrawal of a District from this Plan, the District shall have sole and complete responsibility and liability for paying any benefits that may otherwise be due under this Plan due to such Participant's employment with the District, and the County shall have no responsibility or liability for any such benefits. If a Member was an employee of both the District and the County, the benefits attributable to his or her County and District employment shall be determined in accordance with Section 5.95.060.B.

C.

If a Retired Participant is reemployed by the County or a District and on reemployment his or her Retirement Plan benefits cease, then his or her benefits under this Plan also shall cease at that time.

(Ord. 2010-0048 § 1, 2010)

If a Participant has ceased participation in this Plan but at a later date the full payment of his or her Retirement Plan benefits for a Plan Year is again limited by Section 415(b), he or she shall recommence participation in that Plan Year, and shall cease participation as provided in Section 5.95.080 hereof.

(Ord. 2010-0048 § 1, 2010)

A.

On or after the Effective date, any Eligible Survivor of a Member shall be eligible to receive benefits under this Plan as of the later of: (a) the Member's death; or (b) the first day of the Plan Year for which LACERA has determined that the benefits payable to the Eligible Survivor from the Retirement Plan will exceed the limits of Section 415(b). The Eligible Survivor's benefits paid under this Plan shall cease as of the first date for which his or her Retirement Plan benefit is no longer limited by Section 415(b) and, therefore, can be fully paid by the Retirement Plan. The Eligible Survivor's benefits paid under this Plan shall recommence in a later Plan Year if full payment of his or her Retirement Plan benefits is again limited by Section 415(b) for that Plan Year, and shall thereafter cease as of the next date that full payment of the Retirement Plan benefit is no longer limited by Section 415(b). Benefits also cease when the Eligible Survivor dies or otherwise is no longer eligible for Retirement Plan benefits. Notwithstanding the foregoing, an Eligible Survivor shall not receive benefits under this Plan if he or she has not consented (if required by LACERA) to the release of any information necessary to calculate his or her benefit under Part 4.

B.

If a District withdraws from the Plan (on a voluntary or mandatory basis), no benefits shall be paid or due under this Plan on or after the date of such withdrawal to the Eligible Survivor to the extent those benefits are attributable to a Member's employment with that District. On the withdrawal of a District from this Plan, the District shall have sole and complete responsibility and liability for paying any benefits that may otherwise be due under this Plan that are attributable to employment with the District, the County shall have no responsibility or liability for any such benefits. If a Member was an employee of both the District and the County, the Benefits attributable to his or her County and District employment shall be determined in accordance with Section 5.95.060.B.

(Ord. 2010-0048 § 1, 2010)

No one other than a person described in this Part shall receive any benefits under this Plan, except as required by domestic relations orders that has been determined to be qualified in accordance with Section 5.95.230 or as required by applicable law.

(Ord. 2010-0048 § 1, 2010)