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HomeMy WebLinkAboutResolutions - No. 2008-248RESOLUTION NO. 2008-248 A RESOLUTION OF THE LODI CITY COUNCIL ALLOWING EMPLOYEES TO PURCHASE CALPERS SERVICE CREDITS WITH PRE-TAX PAYROLL DEDUCTIONS WHEREAS, the Board of Administration of California Public Employees' Retirement System (CaIPERS) 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 Lodi has the authority to implement the provision 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 member of CaIPERS; NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the attached CaIPERS resolution allowing City of Lodi employees to purchase CaIPERS service credits with pre-tax payroll deductions. Date: December 17, 2008 I hereby certify that Resolution No. 2008-248 was passed and adopted by the Lodi City Council in a regular meeting held December 17, 2008, by the following vote: AYES: COUNCIL MEMBERS — Hitchcock, Johnson, Katzakian, Mounce, and Mayor Hansen NOES: COUNCIL MEMBERS— None ABSENT: COUNCIL MEMBERS— None ABSTAIN: COUNCIL MEMBERS — None 2008-248 DI JOHL City Clerk Return to CaIPERS — Unit 830 Employer Code: 0626 EMPLOYER PICKUP RESOLUTION PRE-TAX PAYROLL DEDUCTION PLAN FOR WEVICE CREDIT PURCHASES (CONTRIBUTION CODE 14) WHEREAS, the Board of Administration of the California Public Employees' Retirement System (CaIPERS) at the April 1996 meeting approved a pre-tax payroll deduction plan for service credit purchases under Internal Revenue Code (RC) section 414(h)(2); and WHEREAS, the City of Lodi has the authority to implement the provision 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 member of CaIPERS; and WHEREAS, the City of Lodi elects to participate in the pre-tax payroll deduction plan for all members in the following CaIPERS coverage group(s): Local Safety Employees Local Miscellaneous Employees NOW, THEREFORE, BE IT RESOLVED: That the City of Lodi will implement the provisions of 1RC 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 CaIPERS 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 CaIPERS 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. 11. That the contributions made by the City of Lodi to CaIPERS, although designated as employee contributions, are being paid by the City of Lodi in lieu of contributions by the employees who are members of CaIPERS. HI. 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 Lodi to CalPERS. 1V. That the City of Lodi shall pay to CaIPERS the contributions designated as employee contributions for the same source of funds as used in paying salary, thereby resulting in tax deferral of employee contributions. V. 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 CaIPERS, whichever is later. VI. That the governing body of the City of Lodi shall participate in and adhere to requirement and restrictions of the pre-tax payroll deduction plan by reporting pre-tax payroll deductions when authorized by CaIPERS for those employees of the above stated Coverage Group(s) who have elected to participate in this plan. PASSED AND ADOPTED by the governing body of the City of Lodi this 17th day of December, 2008. BY RETURN ADDRESS: City of Lodi Attn: Human Resources 221 W. Pine St. Lodi, CA 95240 Blair Kin City Manager ************************************************************************************************ FOR CALPERS USE ONLY Pre-tax Payroll Deduction Plan Effective Date: Approved by: 1 Title: MEMBER SERVICES DIVISION, Service Credit Section — Unit 830