19-50-104. Eligibility to catch up -- normal retirement age. For the purposes of determining a participant's eligibility to catch up on making the maximum annual deferrals allowable, normal retirement age must be specified in writing by the participant and must be no earlier than:
     (1) the age at which the participant is eligible to retire pursuant to the participant's Title 19 retirement system because of the participant's age, length of service, or both, without disability, and with the right to receive immediate retirement benefits without actuarial or similar reduction because of retirement before a specified age; or
     (2) 60 years of age if the participant is not a member of a Title 19 retirement plan or is a member of a defined contribution retirement plan.

     History: En. Sec. 129, Ch. 99, L. 2001.