§ 5.26.110. Amount of Matching Contributions.

A.

Subject to the provisions of the Plan and the Trust Agreement, the County shall contribute to the Investment Funds on account each month an amount equal to four percent (4%) of each Participant's monthly Compensation provided that the year-to-date cumulative Matching Contributions do not exceed such Participant's year-to-date cumulative Tax Deferred Contributions. Effective beginning on and after April 1, 2010, or such later date, the reference to "month" in this Section 5.26.110.A shall be deemed to be a reference to "payroll period" and the reference to "monthly Compensation" shall be deemed to be a reference to "Compensation for that payroll period." Effective April 1, 2010, or such later date as may be determined by the Chief Administrative Officer when the human resources management system reflecting this provision is implemented, notwithstanding the foregoing, no Matching Contribution will be made for a payroll period after the Participant's Severance Date for which he has no Eligible Earnings.

B.

Notwithstanding any other provision of this Plan or the Horizons Plan, including the limitation in subsection A, for Plan Years beginning before January 1, 2002, when a Participant of this Plan who is also a participant of the Horizons Plan makes the maximum tax deferred contributions permitted by the Code to both plans during a Plan Year, such Participant shall be entitled to have contributed as additional Matching Contributions to this Plan the difference between (1) the total Matching Contributions that would have been made to both plans for such Participant, but for the applicable Deferral Limit described in Section 5.26.100A, and (2) the total Matching Contributions actually made to both plans, provided that the total contributions to this Plan shall not exceed the total contributions allowed by Section 415 of the Code.

C.

Notwithstanding any other provision of this Plan, including the limitation in subsection A, when a Participant of this Plan, who makes no contributions to the Horizons Plan during a Plan Year, makes the maximum Tax Deferred Contributions permitted by the code to this Plan during the same Plan Year, such Participant shall be entitled to have contributed as additional Matching Contributions to this Plan the difference between (1) the total Matching Contributions that would have been made for such Participant to this Plan, but for the applicable Deferral Limit described in Section 5.26.100A or B, and (2) the total Matching Contributions actually made to this Plan, provided that the total contributions to this Plan shall not exceed the total contributions allowed by Section 415 of the code.

D.

Notwithstanding any other provision of this Plan or the Horizons Plan, including the limitation in subsection A, for Plan Years beginning on or after January 1, 2002, when a Participant of this Plan who is also a participant of the Horizons Plan (i) has elected to be covered by Section 5.26.100B, (ii) makes the maximum contributions permitted by the code under the Horizons Plan, and (iii) is making Tax Deferred Contributions to this Plan at a rate that will permit the Participant to receive the full Matching Contribution under Section 5.26.110A of this Plan, such Participant shall be entitled to have contributed as additional Matching Contributions to this Plan the difference between (1) the total Matching Contributions that would have been made to both plans for such Participant, but for the applicable limitation under Code Section 457(c) and the Deferral Limit described in Section 5.26.100B, and (2) the total Matching Contributions actually made to both plans, provided that the total Tax Deferred Contributions and Matching Contributions to this Plan shall not exceed the total contributions allowed by Section 415 of the code.

E.

Notwithstanding any other provision of this Plan or the Horizons Plan, including the limitation in subsection A, for Plan Years beginning on or after January 1, 2002, when a Participant of this Plan who is also a participant in the Horizons Plan has elected to be covered by Section 5.26.100C (or is treated as having so elected) and makes tax deferred contributions to both plans equal to the Combined Limit under this Plan, such Participant shall be entitled to have contributed as additional Matching Contributions to this Plan the difference between (1) the total Matching Contributions that would have been made to both plans for such Participant, but for the Combined Limit described in Section 5.26.100C, and (2) the total Matching Contributions actually made to both plans, provided that the total Tax Deferred Contributions and Matching Contributions to this Plan shall not exceed the total contributions allowed by Section 415 of the code.

F.

Notwithstanding the foregoing: (i) no Matching Contributions shall be made by the County with regard to Tax Deferred Contributions made with respect to payroll periods starting January 1, 2011 and continuing through June 30, 2011; and (ii) the County shall contribute to the Investment Funds on account with respect to each payroll period starting July 1, 2011 and continuing through June 30, 2012, an amount equal to three percent (3%) of each Participant's Compensation for that payroll period provided that the year-to-date cumulative Matching Contributions do not exceed such Participant's year-to-date cumulative Tax Deferred Contributions. The aggregate amount of Matching Contributions under the Plan for such July 1st to June 30th period shall not exceed a dollar cap to be determined by the Board of Supervisors. This subsection D shall not apply to Trial Court Employees or judges, who shall continue to receive Matching Contributions pursuant to the provisions set forth in the foregoing subsections of this Section 5.26.110.

(Ord. 2010-0063 § 10, 2010; Ord. 2010-0014, § 11, 2010; Ord. 2004-0064 §§ 1, 2 (part), 2004.)