Title 47, Chapter 5, Section 40
( 47-5-40)
(a)(1) Each employer is empowered to establish a plan or plans for
the provision of retirement or employee benefits for its
employees. Such plans shall be enacted by ordinance of the
governing body of a municipal corporation or by a resolution of
the governing body of other employers. The ordinance or resolution
shall set forth the employees to be covered, the benefits to be
provided, and the conditions of the plan. Benefits under the plan
may include retirement and employee benefits. A plan for employee
benefits may provide for the method of funding such benefits
through the use of insurance, self-funding, or otherwise. (2) Any contract between the board of trustees and a member
employer which provides a defined benefit plan shall contain a
provision that such defined benefits are to be provided, to the
extent fixed in such plan, by the employer and that the board of
trustees does not guarantee the defined amount. (b) Each employer is further empowered to implement such plan or
plans by contract with the board of trustees in accordance with the
rules and regulations promulgated by the board of trustees. The
contract with the board of trustees shall be executed pursuant to
the ordinance or resolution which enacted the plan. (c) Each employer is authorized to make reasonable classifications
of employees in its plan and to provide for integration of its plan
with social security benefits and with other retirement or pension
plans under which certain classes of employees may be entitled to
benefits. (d) Each employer is authorized to appropriate funds to provide the
benefits under such plan and to pay its respective portion of the
administrative costs of the board of trustees in administering the
system. In no event shall an employee's contribution exceed 50
percent of the value of such employee's benefit payable from the
plan at the earlier of termination of employment or commencement of
benefits. The valuation of benefits shall be made in accordance
with the actuarial assumptions used to determine employer
contributions in effect at the time of the determination. (e) Contributions paid by a municipal corporation shall be paid from
municipal funds which are on hand or which will be collected in the
year the contribution is made and shall not be deemed to create a
debt of the municipal corporation. |