HomeMy WebLinkAbout2001-04-24; City Council; Resolution 2001-1281
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RESOLUTION NO. 2001-128
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE ONE
PERCENT (1%) CALPERS EMPLOYEE CONTRIBUTION FOR
SWORN POLICE EMPLOYEES TO BE DEDUCTED ON A
PRE-TAX BASIS.
WHEREAS, the City of Carlsbad 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 Public Employees’ Retirement
System adopted its resolution re section 414(h)(2) IRC on September 18, 1985; and
WHEREAS, the Internal Revenue Service has stated in December 1985, that
the implementation of the provisions of section 414(h)(2) IRC pursuant to the
Resolution of the Board of Administration would satisfy the legal requirements of
section 414(h)(2) IRC; and
WHEREAS, the City of Carlsbad has determined that even though the
implementation of the provisions of section 414(h)(2) IRC is not required by law, the
tax benefit offered by section 414(h)(2) IRC should be provided to its sworn police
employees who are members of the Public Employees’ Retirement System.
NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City of Carlsbad will implement the provisions of section
414(h)(2) Internal Revenue Code by making employee contributions pursuant to
California Government Code section 20691 to the Public Employees’ Retirement
System on behalf of its sworn police employees who are members of the Public
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Employees’ Retirement System. “Employee contributions” shall mean those
contributions to the Public Employees’ Retirement System which are deducted from
the salary of employees and are credited to individual employee’s accounts
pursuant to California Government Code section 20691.
3. That contributions made by the City of Carlsbad to the Public Employees’
Retirement System, although designated as employee contributions, are being paid
by the City of Carlsbad in lieu of contributions by the sworn police employees who
are members of the Public Employees’ Retirement System.
4. That employees shall not have the option of choosing to receive the
contributed amounts directly instead of having them paid by the City of Carlsbad to
the Public Employees’ Retirement System.
5. That the City of Carlsbad shall pay to the Public Employees’ Retirement
System the contributions designated as employee contributions from the same
source of funds as used in paying salary.
6. That the amount of the contributions designated as employee
contributions and paid by the City of Carlsbad to the Public Employees’ Retirement
System on behalf of an employee shall be the entire contribution required of the
employee by the Public Employees’ Retirement Law (California Government Code
sections 20000, et seq.).
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7. That the contributions designated as employee contributions made by the
City of Carlsbad to the Public Employees’ Retirement System shall be treated for all
purposes, other than taxation, in the same way that member contributions are
treated by the Public Employees’ Retirement System.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad on the 24th day of April, 2001; by the following vote,
to wit on behalf of the City:
AYES: Council Members Finnila, Nygaard and Hall.
NOES: None.
ABSENT: Council Members Hall and Kulchin.
, Acting Mayor Pro Tern
ATTEST:
(SEAL)