Title 47, Chapter 3, Section 41.1
( 47-3-41.1)
(a) Beginning on July 1, 1987, each employer shall pay to the board of trustees on behalf and to the credit of each member required to make employee contributions under subsection (a) of Code Section 47-3-41, on each and every payroll period, the employee membership contributions specified by said subsection (a) of Code Section 47-3-41 for membership service acquired after June 30, 1987. (b) Employee contributions made by employers on behalf of members as
provided in subsection (a) of this Code section shall be treated as
employer contributions in determining federal tax treatment under
the United States Internal Revenue Code; provided, however,
employers shall continue to withhold federal income taxes on the
basis of such contributions until the Internal Revenue Service or
the federal courts rule that, pursuant to Section 414(h) of the
United States Internal Revenue Code, these contributions shall not
be included as gross income of the employee until such time as they
are distributed or made available. (c) Each employer may reduce the compensation payable to a member in
an amount not exceeding the amount of the employee contribution paid
by the employer on behalf of the member as provided in subsection
(a) of this Code section. Such reduction in compensation may be
made, notwithstanding the fact that the compensation provided by or
pursuant to law for the member may be reduced thereby. (d) Employee contributions made by employers on behalf of members as
provided in subsection (a) of this Code section shall be included in
the earnable compensation of members in the computation of
retirement benefits, and, except for the purposes of subsection (b)
of this Code section, such contributions shall continue to be
employee contributions for all purposes under this chapter. (e) Reserved. (f) All members shall retain, have, and be subject to all other
rights, privileges, obligations, and duties provided for by other
provisions of this chapter and such other provisions shall remain of
full force and effect with respect to any matter not specifically
provided for in this Code section. |