(a) The plan may pay an annual benefit to any member in excess of the member’s maximum annual benefit if the annual benefit derived from employer contributions under the plan and all other defined benefit plans maintained by the county does not in the aggregate exceed ten thousand dollars ($10,000) for the limitation year or for any prior limitation year and the county has not at any time maintained a defined contribution plan, a welfare benefit fund under which amounts attributable to postretirement medical benefits are allocated to separate accounts of key employees, as defined in § 419(A)(d)(3), Internal Revenue Code, or an individual medical account in which the member participated. For purposes of this section, if the plan provides for voluntary or mandatory employee contributions, such contributions shall not be considered a separate defined contribution plan maintained by the county.
(b) However, if a member has fewer than 10 years of service with the county, then the ten thousand dollars ($10,000) threshold of the subsection (a) shall be multiplied by a fraction, the numerator of which is the number of years, or part thereof, of service with the county and the denominator of which is 10. In no event shall such fraction be less than one-tenth.
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