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HomeMy WebLinkAboutReso 1997-18634.,~- RESOLUTION NO. 18634 RESOLUTION OF THE CITY OF CHULA VISTA IMPLEMENTING A PRE-TAX PAYROLL DEDUCTION PLAN FOR CALPERS SERVICE CREDIT PURCHASES (CONTRIBUTION CODE 14) 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 Chula Vista has the authority to implement the provisions of IRC 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 Chula Vista elects to participate in the pre-tax payroll deduction plan for all employees in the following CalPERS coverage group(s): Miscellaneous (70001); Fire/EMT (74001); and Police (75001). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA AS FOLLOWS: 1. The City of Chula Vista will implement the provisions of IRC Section 414(h)(2) by making employee contributions for service credit purchases 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 are credited to individual employee accounts for service credit purchases thereby resulting in a tax deferral of employee contributions. 2. The contributions made by the City of Chula Vista to CalPERS, although designated as employee contributions, are being paid by the City of Chula Vista in lieu of contributions by the employees who are members of CalPERS. 3. The employees shall not have the option of choosing to receive the contributed amounts directly instead of having them paid by the City of Chula Vista to CalPERS. 4. The City of Chula Vista shall pay to CaIPERS the contributions designated as employee contributions from the same source of funds as used in paying salary, thereby resulting in a tax deferral of employee contributions. 5. 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 CaIPERS, whichever is later. 6. The governing body of the City of Chula Vista shall participate in and adhere to requirements and restrictions of the pre-tax payroll deduction plan by reporting pre-tax payroll deductions when authorized by CalPERS for those employees of the above stated Coverage Groups who have elected to participate in this plan. Resolution 18634 Page 2 Presented by Approved as to form Teri Enos John . Kaheny Risk Manager Resolution 18634 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 22rid day of April, 1997, by the following vote: AYES: Councilmembers: Moot, Padilia, Rindone, Salas, and Horton NAYES' Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ~ Mayor '~S lrley Horton, ATTEST: Bever~lyAAutt~elet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 18634 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 22nd day of April, 1997. Executed this 22nd day of April, 1997. Beverly ~.~Authelet, City Clerk · I ] I