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HomeMy WebLinkAbout20-Human Resources - . ORIGINAl CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: LINN LIVINGSTON Subject: RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 2000-264 RELATING TO IMPLEMENTING PROVISIONS OF INTERNAL REVENUE CODE SECTION 414(h)(2) AND AUTHORIZING A PRE-TAX PAYROLL DEDUCTION PLAN FOR SERVICE CREDIT PURCHASES. MICC Meeting Date: August 15, 2005 Dept: HUMAN RESOURCES Date: JULY 21, 2005 Synopsis of Previous Council Action: On September 8, 2000, the Mayor and Common Council adopted Resolution 2000-264, adopting a Resolution of the City of San Bernardino implementing provisions of Internal Revenue Code (IRC) Section 414 (h) (2) for Miscellaneous employees and authorizing a Pre-Tax Payroll Deduction Plan for service credit purchases. Recommended Motion: Adopt Resolution. ~d/,~~ Signature Contact person: Linn Livinqston Phone: 384-5161 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: -0- (No Fundinq Required) Source: (Accl. No.) (Accl. Description) Finance: Council Notes: /jr'?> JooJ"'- ;).%0 Agenda Item No. ~O fl" / I~/ C~ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subiect: A Resolution of the City of San Bernardino amending Resolution No. 2000-264 relating to implementing provisions of Internal Revenue Code Section 414(h)(2) and authorizing a Pre-Tax Payroll Deduction Plan for service credit purchases. Backl!round: On January 24, 2000, the Mayor and Common Council adopted Resolution 2000-13, a Resolution establishing a Management & Confidential Employee compensation and benefits plan. The provisions ofIRC Section 414 (h) (2) and the Pre-Tax Payroll Deduction Plan for service credit purchases was implemented and approved by the Mayor and Common Council in Resolution No. 2000-264 on September 8, 2000, as part of the benefits plan for Miscellaneous Employees, which includes the Management & Confidential Employees. This benefit allows employees who separated from a PERS Agency or an agency with a reciprocal agreement with PERS, and cashed out their retirement benefits at the time of separation, to buy back that previous time at their expense on a tax-deferred basis. The intent of the original resolution was to include all bargaining groups. This amendment to the Resolution is to provide this benefit to employees in the Miscellaneous and Police and Fire Safety groups. Financial Imoact: There is no financial impact to amend this resolution. Recommendation: Adopt Resolution. HR/ Agenda Items:SR.Reso.PERS.Buy-Back.05-Revised 1 to)[pv Resolution No. 2 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. 3 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 0 SAN BERNARDINO AS FOLLOWS: 6 SECTION I: The Recitals on page I, lines 6 through 21 of Resolution No. 2000-264 ar 7 hereby amended to read as follows: 8 9 WHEREAS, the Board of Administration of the California Public Employees' 10 Retirement System (CaIPERS) at the April 1996 meeting approved a pre-tax payroll deductio 11 plan for service credit purchases under Internal Revenue Code (IRC) Section 414(h)(2); and, 12 WHEREAS, the City of San Bernardino has the authority to implement the provisions 0 13 IRe Section 414(h)(2) and has determined that even though implementation is not required b 15 members ofCaIPERS; and, 14 law, the tax benefit offered by this section should be provided to those employees who ar 16 WHEREAS, effective September 8, 2000, the City of San Bernardino elects to participat 17 in the pre-tax payroll deduction plan for all employees in the following CalPERS coverag 18 groups: Miscellaneous Group, Police and Fire Safety Group. 19 III 20 III 21 22 !II 23 !II 24 III 25 III -1- 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 2000-264 RELATING TO IMPLEMENTING PROVISIONS OF INTERNAL REVE CODE SECTION 4l4(h)(2) AND AUTHORIZING A PRE-TAX PAYROLL DEDUCTIO PLAN FOR SERVICE CREDIT PURCHASES. 5 Council of the City of San Bernardino at a meeting thereof, held on th 2 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Commo 6 day of 7 COUNCILMEMBERS: AYES 8 ESTRADA LONGVILLE 9 MC GINNIS 10 DERRY 11 KELLEY 12 JOHNSON 13 MC CAMMACK 14 , 2005, by the following vote, to wit: NA YES ABSTAIN ABSENT Rachel G. Clark, City Clerk 15 16 The foregoing resolution IS hereby approved this o 17 ,2005. 18 19 Judith Valles, Mayor City of San Bernardino 20 Approved as to form and Legal content: 21 22 JAMES F. PENMAN, City Attorney 23 24 f'! i -'l ., /. By: . )q? 1 '>"~" '1.~. L'h---.. / ! HR!(7da Items:Reso.PERS.Buy-Back.OS.Revised 25 -2- -.. ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM ~fO ~J r, /)rJr {/ t Resolution # ex r/g .> .... Abstain Absent Meeting Date (Date A~ed): g" I~/ O( Item # Vote: Ayes I { Nays Change to motion to amend original documents D Companion Resolutions NulllVoid After: days / Note on Resolution of attachment stored separately: D By: Resolution # On Attachments: D RECORD W/COUNTY D / Date Sent to Maxor: ~ ,;' /1 ( 10 <) Yrb1'(<ll'1l. r1 - - Date of Mayor's Signature: 7>/ I ,,19) Date of Clerk/CDC Signature: ~~ ( ~ "O$' PUBLISH D POST D --- Date Memo/Letter Sent for Signature: 1st Reminder Letter Sent: Date Returned: 2nd Reminder Letter Sent: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distributed to: Animal Control V EDA D City Administrator Facilities ~ City Attorney Finance Code Compliance D Fire Department ~ Development Services D Human Resources Others: Reso. Log Updated: cgI' Seal Impressed: 0' Reso. # on Staff Report ~ Not Returned: D .........--- Yes No By_ Yes No ../ By_ - Yes No J By_ Yes No -----' By_ Yes No ~ By_ - Information Services D Parks & Recreation D Police Department D Public Services D Water Department D Notes: Ready to File: ~/ ----- ~r)y:O) Date: (i' Revised 12/18/03