Benefit Limitations

Occasionally, a retiree may be subject to the benefit limitations:

  • Contribution-Based Benefit Cap (CBBC)
  • IRS Section 415(b) Annual Pension Benefit Limit

These are described below.

Tab/Accordion Items

As a member of LGERS, you contribute six percent of your monthly income toward your retirement. If you receive significant salary increases in the years before retirement or over the course of your career, your monthly retirement benefit at retirement may exceed what your contributions would be expected to fund. Significant late-career promotions, conversion of benefits into compensation, and leave payouts at retirement may also cause your monthly retirement benefit to exceed what your contributions would be expected to fund. The Contribution-Based Benefit Cap was created to protect this system for current and future retirees, by providing a method for the payment of these unforeseen costs.

If you retire on or after January 1, 2015, with an average final compensation (AFC) of $100,000 or more (adjusted annually for inflation), you may fall under a contribution-based benefit cap.

If you were first hired before January 1, 2015, your last employer will be required to pay the additional contribution if it is determined that your allowance is in excess of the cap and is subject to an adjustment. LGERS will notify your employer and will provide a statement of the cost of the additional contribution required to pay for your benefit in excess of the cap.

If you were first hired on or after January 1, 2015, your employer may choose whether or not to pay this additional contribution; if your employer chooses not to pay, you will be required to accept a benefit reduced to the benefit cap unless you pay the additional contribution. LGERS will notify you and provide a statement of the cost of the additional contribution required to pay for your benefit in excess of the cap, along with the deadline to submit payment.

If you are a highly compensated employee, your LGERS benefits may be subject to the Internal Revenue Code (IRC) section 415(b) annual pension benefit limit. The determination of whether your retirement benefit will be subject to the limit can only be made at retirement. The limit varies every year, so, your benefit could be affected one year but not the next. The limit varies each year and is set by the IRS. The limit is affected by many factors that were established by the IRS that may or may not apply to a particular individual.

The General Assembly established a Qualified Excess Benefit Arrangement (QEBA) fund to pay the part of a retiree’s retirement allowance that exceeds the limit. Members hired prior to January 1, 2015, are eligible to receive benefit payments from the QEBA fund.

This page was last modified on 09/10/2024