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HomeMy Public PortalAbout96-144RESOLUTION NO. 96-144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING A PRE-TAX PAYROLL DEDUCTION PLAN FOR SERVICE CREDIT PURCHASES UNDER THE CALIFORNIA PUBLIC EMPLOYEE'S RETIREMENT SYSTEM 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 Lynwood 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 wno are members of CalPERS; and WHEREAS, the City of Lynwood elects to participate in the pre-tax payroll c:eduction plan for all employees in the following CalPERS coverage groups: ,~r. 70001 Miscellaneous 74001 Fire NOW, THEREFORE, the City Council of the City of Lynwood does hereby find, determine, order and resolve as follows: ~ Section 1. That the City of Lynwood 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 and are credited to _ndividual employee accounts for service credit purchases thereby resulting in tax deferral of employee contributions. Section 2. That the contributions made by the City of Lynwood ~o CalPERS, although designated as employee contributions, are being paid by the City of Lynwood in lieu of contributions by the employees who are members of CalPERS. 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 Lynwood to CalPERS. Section 4. That the City of Lynwood 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 employee contributions. a Section 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. Section 6. That the governing body of the City of Lynwood shall participate and adhere to requirements and restrictions of the pre-tax payroll deduction plan by reporting ;' pre-tax payroll deductions when authorized by Ca1PERS for those employees of the above ststed Coverage Groups who have elected to ~_ y s.-~ticipate in this plan. i~~.SSED, APPROVED and ADOPTED this 3rd day of September , 1996. ATTEST: PAUL H. RICHARDS II, Mayor City of Lynwood u. /tt ~ ANDREA L. HOOPER City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: _ ~J~~ ~- _ C~,h, ~~R,m,r.~ FAUST N ONZ ES, R Manager