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HomeMy WebLinkAboutResolution - 3353 STATE OF CALIFORNIA ) RESOLUTION NO. 3353 COUNTY OF RIVERSIDE)ss �. CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, AUTHORIZING A CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM PRE-TAX PAYROLL DEDUCTION PLAN FOR SERVICE CREDIT PURCHASES (CONTRIBUTION CODE 14) WHEREAS, the City of San Jacinto has the authority to implement the provisions of section 414(h)(2) of the Internal Revenue Code (IRC); and WHEREAS, the Board of Administration of the California Public Employees' Retirement System (CaIPERS) at the April 1996 meeting approved a pre-tax payroll deduction plan for service credit purchases under Internal Revenue Code (IRC) section 414 (h)(2): and WHEREAS, the City of San Jacinto, CaIPERS Employer Code 0839, has determined that even though implementation of the provisions of section 414(h)(2) IRC is not required by law, the tax benefit offered by this section should be provided to those employees who are members of CaIPERS; and WHEREAS, the City of San Jacinto elects to participate in the pre-tax payroll deduction plan for all employees in all Miscellaneous and Safety Coverage Groups. NOW, THEREFORE, BE IT RESOLVED: Section 1. That the City of San Jacinto will implement the provisions of IRC section 414(h)(2) by matting employee contributions for service credit contributions pursuant to California State Government Code section 20691 to the California Public Employees' Retirement System on behalf of its employees who are members of CaIPERS and who have made a binding irrevocable election to participate in the pre-tax deduction plan. "Employee contributions' shall mean those contributions reported to CaIPERS which are deducted from the salary of employees and are credited to individual employee accounts, thereby resulting in tax deferral of employee contributions. Section 2. That the contributions made by the City of San Jacinto to CaIPERS, although designated as employee contributions, are being paid by the City of San Jacinto in lieu of contributions by the employees who are members of CaIPERS. Section 3. That the employees shall not have the option of choosing to receive the contributed amounts directly instead of having them paid by the City of San Jacinto to CaIPERS. Section 4. That the City of San Jacinto shall pay to CalPERS the contribution designated as employee contributions from the same source of funds as used in paying salary, thereby resulting in tax deferral of employee contributions. Section 5. That the effective date for commencement of the pre-tax payroll deduction plan cannot be any earlier than the date the completed resolution is received and approved by CAPERS. Section 6. That the governing body of the City of San Jacinto shall participate in and adhere to requirements and restrictions of the pre-tax payroll deduction plan by reporting pre-tax deductions when authorized by CalPERS for those employees of the above stated Coverage Group(s) who have elected to participate in this plan. PASSED, APPROVED AND ADOPTED this 6sh day of January, 2011, by the following vote: Ayes: Bartel, Di Memmo, Kotyuk, Ledezma, Miller Nays: None Absent: None Abstain: None City of San Jacinto "IA Scott Miller, Mayor Attest: ✓ ll C At.L1 Richard Miller, City Clerk APPROVED A5 TO FORM: Best, Best, and Krieger, LLP C� 8. 1 Jeff re BalEing'er, City Attorney FOR CALPERS USE ONLY Pre-tax payroll deduction plan effective date: Approved By: Title: MEMBER SERVICES DIVISION, Service credit section-Unit 830