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HomeMy WebLinkAbout2000-11-21; City Council; Resolution 2000-347l * 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 30300-347 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, GRANTING A PRE-TAX PAYROLL DEDUCTION PLAN FOR EMPLOYEES PURCHASING SERVICE CREDIT FROM CALPERS. WHEREAS, the City of Carlsbad is a contracting public agency of the California Public Employees’ Retirement System; and WHEREAS, the Board of Administration of the California Public Employees’ Retirement System (CalPERS) 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 Carlsbad has the authority to implement the provisions of [RC section 414(h)(2) and has determined that even though implementation is not required by law, the tax benefit offered by this section should be provided to those employees who are members of CalPERS; and WHEREAS, the City of Carlsbad elects to participate in the pre-tax payroll deduction plan for all employees in the following CalPERS coverage group(s): l Miscellaneous l Fire l Police NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of clarlsbad, California, as follows: 1. That the City of Carlsbad will implement the provisions of IRC section ~1414 (h)(2) by making employee contributions for service credit purchases a l , 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 pursuant to the California State Government Code on behalf of its employees who are members of CalPERS and who have made a binding irrevocable election to participate in the pre-tax payroll deduction plan. “Employee contributions” shall mean those contributions reported to CalPERS which are deducted from the salary of employees and are credited to individual employee accounts for service credit purchases, thereby resulting in tax deferral of employee contributions. 2. That the contributions made by the City of Carlsbad to CalPERS, although designated as employee contributions, are being paid by the City of Carlsbad in lieu of contributions by the employees who are members of CalPERS. 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 Carlsbad to CalPERS . 4. That the City of Carlsbad shall pay to CalPERS the contributions designated as employee contributions from the same source of funds as used in paying salary, thereby resulting in tax deferral of employees contributions. 5. That the effective date for commencement of the pre-tax payroll deduction plan cannot be any earlier than July 1, 1996, or the date the completed resolution is received and approved in CalPERS, whichever is later. Ill Ill Ill I// 1 6. 2 That the governing body of the City of Carlsbad shall participate in and 3 adhere to requirements and restrictions of the pre-tax deduction plan by reporting pre-tax 4 deductions when authorized by CalPERS for those employees of the above stated 5 Coverage Group(s) who have elected to participate in this plan. 6 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad 10 11 12 13 14 15 16 17 la 19 20 21 22 City Council held on the 21ST day of November wit: ,2000, by the following vote, to AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin. A NOES: None ABSENT: None ATTES : > (SEW 23 II 24 25 26 /I 27 28