(1) At the request of any local employer having an exempt defined benefit pension plan, the board is authorized to make an agreement with the employer's governing body to manage such employer's exempt defined benefit pension plan fund for investment.
(2) (a) As an alternative to affiliation for investment management pursuant to subsection (1) of this section, at the request of any local employer having an exempt defined benefit pension plan, the board is authorized to make an agreement with the employer's governing body to incorporate the exempt defined benefit pension plan into the defined benefit system. The incorporation shall be under terms and conditions that are mutually agreeable to the employer's governing body and the board and as may be required to maintain the qualified status of the plan under the federal "Internal Revenue Code of 1986", as amended.
Prior to the implementation of an agreement of incorporation pursuant to paragraph(a) of this subsection (2), the board shall find that the incorporation is not projected to have an adverse actuarial impact on existing members of the defined benefit system. The board and the employer's governing body are authorized to take all actions necessary to accomplish the agreement and to maintain the qualified status of the formerly exempt defined benefit pension plan after incorporation into the defined benefit system. Notwithstanding any other requirement, an exempt defined benefit pension plan may be incorporated into the defined benefit system without the approval of the members of the exempt plan or the statewide plan.
The board may require that employees hired by the local employer with the formerlyexempt defined benefit pension plan after the date of incorporation pursuant to this subsection (2) be members of the statewide defined benefit plan pursuant to part 4 of this article.
Source: L. 96: Entire article added with relocations, p. 926, § 1, effective May 23. L. 2005: Entire section amended, p. 309, § 1, effective April 14. L. 2006: (2)(a) and (2)(b) amended, p. 196, § 22, effective March 31.
Cross references: For the "Internal Revenue Code of 1986", see title 26 of the United States Code.