§ 24-54-104. Funds for Plan or System – Additional Contribution

1. Except as otherwise provided in this section, any plan or system adopted pursuant to this article 54 shall require participants to contribute a percentage of their salaries toward the cost thereof, such rate of contribution to be not less than three percent of the participant’s basic salary or wage. Participation in the public employees’ retirement association shall be as provided by article 51 of this title 24.
2. The governing body of each county, municipality, political subdivision, or other participating entity shall establish the percentage of the governing body’s contribution to any plan or system, adopted pursuant to this article 54, made on behalf of the participant of the county, municipality, political subdivision, or other participating entity. The amount of the contribution made on behalf of each participant shall not be less than three percent of the participant’s basic salary or wage. The percentage of the contribution made by a county, municipality, political subdivision, or other participating entity to any plan or system and the percentage of the contribution made by the participant to a plan or system need not be the same as long as the percentage of the contribution made by either is not less than three percent of the participant’s basic salary or wage.
3. When a plan or system in lieu of social security benefits is established pursuant to the provisions of section 24-54-101 (5), such plan may require additional contributions from the county, municipality, political subdivision, or other participating entity and its employees, and said contributions shall be set at a rate not to exceed the total contribution required by the county, municipality, political subdivision, or other participating entity and its employees pursuant to the “Federal Insurance Contributions Act”, as defined in section 24-53-101.
4. Any plan or system adopted pursuant to this article may, pursuant to the provisions of section 414 (h)(2) of the federal “Internal Revenue Code of 1986”, as amended, provide that the county, municipality, political subdivision, or other participating entity may elect to pick up the contributions of employee or elected official participants required in this section.

Source: L. 87: Entire article added, p. 1087, § 2, effective July 1. L. 97: Entire section amended, p. 156, § 6, effective March 28. L. 2004: (1) and (2) amended, p. 86, § 1, effective August 4. L. 2005: Entire section amended, p. 359, § 3, effective April 22. L. 2007: (1) and (2) amended, p. 396, § 2, effective August 3. L. 2019: (1) and (2) amended, (HB 19-1299), ch. 211, p. 2218, § 1, effective August 2.