HomeMy WebLinkAbout2009-008 RESOLUTION NO. 2009-008
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA,
EMPLOYER PICKUP RESOLUTION
TO TAX DEFER MEMBER PAID CONTRIBUTIONS
WHEREAS, the City of Atascadero has the authority to implement the provisions of
section 414(h)(2)of the Internal Revenue Code(IRC); and,
WHEREAS, the Bound of Administration of the Public Employees Retirement System
adopted its resolution regarding section 414(h)(2)IRC on September 18, 1985; and,
WHEREAS, the Intemal Revenue Service has stated in December 1985, that the
implementation of the provisions of section 414(h)(2) BRC pursuant to the Resolution of the Board
of Administration would satisfy the legal requirements of section 414(h)(2); and,
WHEREAS,the City of Atascadero 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 employees who are members of the Public Employees
Retirement System:
NOW THEREFORE,BE IT RESOLVED,by the City Council of the City of Atascadero
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SECTION 1. That the City of Atascadero will implement the provisions of section
414(h)(2) Internal Revenue Code by making employee contributions pursuant to the California
State Government Code section 20691 to the Public Employees Retirement System on behalf of its
employees who are members of the Public 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 accounts
pursuant to California Government Code section 20691.
SECTION 2. That the contributions made by the City of Atascadero to the Public
Employees Retirement System CalPERS, although designated as employee contributions, are being
paid by the City of Atascadero in lieu of contributions by the employees who are members of the
Public Employees Retirement System.
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 Atascadero to the Public
Employees Retirement System.
SECTION 4. That the City of Atascadero 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
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City of Atascadero
Resolution No. 2009-008
Page 2 of 2
SECTION 5. That the amount of the contributions designated as employee contributions
and paid by the City of Atascadero to the Public Employees' Retirement System on behalf of an
am employee shall be the entire contribution required of the employee by the Public Employees'
Retirement Law (California Government Code sections 20000, et seq.)
SECTION 6. That the contributions designated as employee contributions made by the City
of Atascadero 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.
On motion by Council Member Fonzi and seconded by Council Member Kelley, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote.
AYES Council Members Clay,Fonzi, Kelley, O'Malley and Mayor Beraud
NOES None
ABSENT None
ADOPTED- February 10, 2009
CITY OF ATASCADERO
By-
Ellen Beraud,Mayor
ATTEST
M"Al �
Marcia McClure Torgerson, C.M.C.,
City Clerk
APPROVEDA O FORM.
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Brian Pierik, City Attorney
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