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HomeMy WebLinkAbout2001-04-24; City Council; Resolution 2001-1281 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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.). ill //I Iii ill Ill 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)