HomeMy WebLinkAbout2005-280
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Resolution No. 2005-280
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RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTIO
NO. 2000-264 RELATING TO IMPLEMENTING PROVISIONS OF INTERNAL REVE
CODE SECTION 414(h)(2) AND AUTHORIZING A PRE-TAX PAYROLL DEDUCTIO
PLAN FOR SERVICE CREDIT PURCHASES.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 0
SAN BERNARDINO AS FOLLOWS:
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SECTION 1: The Recitals on page 1, lines 6 through 21 of Resolution No. 2000-264 ar
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hereby amended to read as follows:
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WHEREAS, the Board of Administration of the California Public Employees
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Retirement System (CalPERS) at the April 1996 meeting approved a pre-tax payroll deductio
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plan for service credit purchases under Internal Revenue Code (IRC) Section 414(h)(2); and,
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WHEREAS, the City of San Bernardino has the authority to implement the provisions 0
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IRC Section 414(h)(2) and has determined that even though implementation is not required b
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law, the tax benefit offered by this section should be provided to those employees who ar
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members of CalPERS; and,
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WHEREAS, effective September 8, 2000, the City of San Bernardino elects to participat
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in the pre-tax payroll deduction plan for all employees in the following CalPERS coverag
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groups: Miscellaneous Group, Police and Fire Safety Group.
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III
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III
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1
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTIO
NO. 2000-264 RELATING TO IMPLEMENTING PROVISIONS OF INTERNAL REVE
CODE SECTION 414(h)(2) AND AUTHORIZING A PRE-TAX PAYROLL DEDUCTIO
PLAN FOR SERVICE CREDIT PURCHASES.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Commo
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5 Council of the City of San Bernardino at a joint regular meeting thereof, held on th
6 15th
day of August
, 2005, by the following vote, to wit:
7 COUNCILMEMBERS: AYES
8 ESTRADA x
LONGVILLE x
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MC GINNIS x
10 x
DERRY
11 KELLEY x
12 JOHNSON X
13 MC CAMMACK X
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NAYES
ABSTAIN ABSENT
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Rae el G. Clark, City Clerk-
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The foregoing resolution is hereby approved this
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o
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August
,2005.
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20 Approved as to form and
21 Legal content:
22 JAMES F. PENMAN,
City Attorney
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By:
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Wend cCammack, Mayor Pro Tern
City of San Bernardino
CIa ltems:Reso.PERS.Buy-Back.OS.Revised
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Return to CalPERS - Unit 830
Employer code: 0061
EMPLOYER PICKUP RESOLUTION
PRE-TAX PAYROLL DEDUCTION PLAN
FOR SERVICE 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 (IRC) section 414(h)(2); and
WHEREAS, the CITY OF SAN BERNARDINO {Employer} 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 CaIPERS; and
WHEREAS, the CITY OF SAN BERNARDINO {Employer} elects to participate
in the pre-tax payroll deduction plan for all employees in the following CalPERS coverage
group(s):
{Membership Coverage Group(s)}
MISCELLANEOUS GROUP
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NOW, THEREFORE. BE IT RESOLVED:
I. That the CITY OF SAN BERNARDINO {Employer} 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 individual employee accounts for service credit purchases. thereby resulting
in tax deferral of employee contributions.
II. That the contributions made by the CITY OF SAN BERNARDINO
{Employer} to CaIPERS. although designated as employee contributions. are being paid by
the CITY OF SAN BERNARDINO {Employer} in lieu of contributions by the
employees who are members of CaIPERS.
III. 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 SAN BERNARDINO {Employer} to CaIPERS,
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IV.That the CITY OF SAN BERNARDINO {Employer} 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.
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 CalPERS, whichever is later.
V\. That the governing body of the CITY OF SAN BERNARDINO {Employer}
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 Group(s) who have elected to participate in
this plan.
PASSED AND ADOPTED by the governing body of the CITY OF SAN BERNARDINO
{Employer} this 15 day of AUGUST 2005 . {year}
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RETURN ADDRESS:
Mayor Pro Tem
(Title of Official)
CITY OF SAN BERNARDINO - HUMAN RESOURCES
300 North "0" Street
San Bernardino, CA 92418
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FOR CALPERS USE ONLY
Pre-tax Payroll Deduction Plan Effective Date:
Approved by: Title:
MEMBER SERVICES DIVISION, Service Credit Section - Unit 830
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