19-7-709. Funding for postretirement adjustment -- reserve fund. (1) At the end of each fiscal year, the board shall determine the total investment income earned on the pension trust fund for that fiscal year. From this amount, the board shall subtract the:
     (a) actuarial amount required to fund the retirement system for the fiscal year; and
     (b) retirement system's administrative and investment expenses for the fiscal year.
     (2) (a) From the remainder obtained in subsection (1), the board shall calculate the amount of investment income earned on that portion of the pension trust fund balance representing retired members.
     (b) The board shall deposit the amount calculated in subsection (2)(a) in a reserve fund.
     (3) Subject to the restrictions contained in subsections (4) and (5), the board shall annually use 90% of the amount in the reserve fund provided for in subsection (2)(b) to pay a postretirement adjustment to eligible members or beneficiaries under 19-7-710.
     (4) If the amount in the reserve fund is insufficient to provide an average monthly postretirement adjustment of at least $1 under 19-7-710, an adjustment may not be made in that calendar year.
     (5) The amount available for payment of the postretirement adjustment is limited to an amount that would provide a percentage increase in the average service, disability, or survivorship benefit of all eligible benefit recipients, when combined with the postretirement adjustment, that is equal to or less than the percentage increase for the previous calendar year in the annual average consumer price index for urban wage earners and workers compiled by the bureau of labor statistics, United States department of labor, or its successor agency.

     History: En. Sec. 2, Ch. 115, L. 1989; amd. Sec. 154, Ch. 265, L. 1993.