Arizona Revised Statutes Title 38. Public Officers and Employees § 38-848.01. Qualified governmental excess benefit arrangement;  definitions

A. The board may establish a qualified governmental excess benefit arrangement for the sole purpose of enabling the board to continue to apply the same formula for determining benefits payable to all employees covered by the system whose benefits under the system are limited by § 415 of the internal revenue code.  1

B. The board shall administer the qualified governmental excess benefit arrangement.  The board has full discretionary fiduciary authority to determine all questions arising in connection with the arrangement, including its interpretation and any factual questions arising under the arrangement.

C. All members and retired members of the system are eligible to participate in the qualified governmental excess benefit arrangement if their benefits under the system would exceed the limitations imposed by § 415 of the internal revenue code.

D. On or after the effective date of the qualified governmental excess benefit arrangement, the employer shall pay to each eligible member of the system who retires on or after the effective date and to each retired member who retired before the effective date and that member's beneficiary, if required, a supplemental pension benefit equal to the amount by which the benefit that would have been payable under the system, without regard to any provisions in the system incorporating the limitation on benefits imposed by § 415 of the internal revenue code, exceeds the benefit actually payable taking into account the limitation imposed on the system by § 415 of the internal revenue code.  The board shall compute and pay the supplemental pension benefits under the same terms and conditions and to the same person as the benefits payable to or on account of a retired member under the system.

E. The employer shall not fund benefits payable under the qualified governmental excess benefit arrangement.  The employer shall pay benefits payable under the qualified governmental excess benefit arrangement out of the general assets of the employer.  For administrative purposes, the employer may establish a grantor trust for the benefit of eligible members.  The employer shall be treated as grantor of the trust for purposes of § 677 of the internal revenue code.  The rights of any person to receive benefits under the qualified governmental excess benefit arrangement are limited to those of a general creditor of the employer.

F. The terms and conditions contained in the system, other than those relating to the benefit limitation imposed by § 415 of the internal revenue code, apply, unless the terms and conditions are inconsistent with the purpose of the qualified governmental excess benefit arrangement.

G. For the purposes of this section: