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Section 35-402 – Participants in Plan

    An individual is eligible to participate in the tax sheltered annuity plan if the individual:         (1)    is eligible for coverage under § 403(b) of the Internal Revenue Code; and         (2)    is an officer or employee of:             (i)    this State; or             (ii)    any other governmental entity in this State, including a county board of education.

Section 35-403 – Contributions

    Subject to the conditions that the Board may set and in accordance with a contract between the participant and the employer, a participant may have contributions made to the tax sheltered annuity plan on the participant’s behalf by a salary reduction or in place of a salary increase.

Section 35-404 – Effect on Other Plans

    This section does not prohibit a county board of education from adopting a plan for its employees that qualifies under § 403(b) of the Internal Revenue Code.