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(3) The applicable percentage under Code §430(h)(2)(G) is treated as being <br />20 percent in 2008, 40 percent in 2009, 60 percent in 2010, and 80 <br />percent in 2011. <br />9.03 Other rules: <br />a. Benefits under terminated plans. If a defined benefit plan maintained by the City has <br />terminated with sufficient assets for the payment of benefit liabilities of all plan <br />Firefighters and a Firefighter in the plan has not yet commenced benefits under the <br />plan, the benefits provided pursuant to the annuities purchased to provide the <br />Firefighter's benefits under the terminated plan at each possible annuity starting date <br />shall be taken into account in applying the limitations of this Section. If there are not <br />sufficient assets for the payment of all Firefighters' benefit liabilities, the benefits taken <br />into account shall be the benefits that are actually provided to the Firefighter under <br />the terminated plan. <br />b. Benefits transferred from the Fund. If a Firefighter's benefits under a defined benefit <br />plan maintained by the City are transferred to another defined benefit plan maintained <br />by the City and the transfer is not a transfer of distributable benefits pursuant <br />Regulations §1.411(d)-4, Q&A -3(c), then the transferred benefits are not treated as <br />being provided under the transferor plan (but are taken into account as benefits <br />provided under the transferee plan). If a Firefighter's benefits under a defined benefit <br />plan maintained by the City are transferred to another defined benefit plan that is not <br />maintained by the City and the transfer is not a transfer of distributable benefits <br />pursuant to Regulations §1.411(d)-4, Q&A -3(c), then the transferred benefits are <br />treated by the City's Fund as if such benefits were provided under annuities purchased <br />to provide benefits under a plan maintained by the City that terminated immediately <br />prior to the transfer with sufficient assets to pay all Firefighters' benefit liabilities under <br />the plan. If a Firefighter's benefits under a defined benefit plan maintained by the City <br />are transferred to another defined benefit plan in a transfer of distributable benefits <br />pursuant to Regulations §1.411(d)-4, Q&A -3(c), the amount transferred is treated as <br />a benefit paid from the transferor plan. <br />C. Plans of a "Predecessor Employer". If the City maintains a defined benefit plan that <br />provides benefits accrued by a Firefighter while performing services for a "Predecessor <br />Employer", then the Firefighter's benefits under a plan maintained by the "Predecessor <br />Employer" shall be treated as provided under a plan maintained by the City. However, <br />for this purpose, the plan of the "Predecessor Employer" shall be treated as if it had <br />terminated immediately prior to the event giving rise to the "Predecessor Employer" <br />relationship with sufficient assets to pay Firefighters' benefit liabilities under the plan, <br />and had purchased annuities to provide benefits; the City and the "Predecessor <br />Employer" shall be treated as if they were a single employer immediately prior to such <br />event and as unrelated employers immediately after the event; and if the event giving <br />rise to the predecessor relationship is a benefit transfer, the transferred benefits shall <br />be excluded in determining the benefits provide under the plan of the "Predecessor <br />Employer". <br />d. Special rules. The limitations of this Section shall be determined and applied taking <br />into account the rules in Regulations §1.415(f) -1(d), (e) and (h). <br />21 <br />