Cost of living adjustments - definitions

(1) Cost of living adjustments payable under the lifetime benefit components of the plan, if any, may be paid effective October 1 each year. To be eligible to receive a cost of living adjustment, the benefits must have been paid for at least twelve calendar months prior to the effective date of the cost of living adjustment. Subject to the limits set forth in subsection (2) of this section, the board has the authority to determine the form in which a cost of living adjustment may be paid. This includes the frequency of payment, whether the payment is compounded or noncompounded, and any other form in which to pay a cost of living adjustment. (2) (a) Any cost of living adjustment made pursuant to subsection (1) of this section shall be determined by the board in its discretion as a fiduciary of the statewide retirement plan after considering the funding level of the lifetime benefit components, the cost of the adjustment, the components' ability to fund future benefits, and any other factors that the board deems appropriate. The cost of living adjustment shall not exceed the greater of: (I) One hundred three percent of the benefits paid for the prior twelve-month period; or (II) The benefits paid during the prior twelve-month period multiplied by a fraction using the consumer price index for the immediately preceding calendar year as the numerator and the consumer price index for the calendar year prior to the immediately preceding calendar year as the denominator. (b) As used in this section, "consumer price index" means the national consumer price index for urban wage earners and clerical workers prepared by the United States department of labor.