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RESOLUTION NO. 2011-252
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY OF SAN BERNARDINO TO TAX DEFER
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM MEMBER PAID
CONTRIBUTIONS - IRC 414(h)(2).
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
WHEREAS, The governing body of the City of San Bernardino ("City") has the
authority to implement the provisions of Section 414(h)(2) of the Internal Revenue Code (IRe);
and
WHEREAS, the City of San Bernardino 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 all employees, who are
members of the California Public Employees' Retirement System;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Common Council of
the City of San Bernardino by making employee contributions pursuant to California
Government Code Section 20691 to the California Public Employees' Retirement System on
behalf of all its employees or all its employees in a recognized group or class of employment
who are members of the California 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's
accounts pursuant to California Government Code Section 20691. This provision will apply to
all employees who are employed by the City of San Bernardino and are members of the
California Public Employees' Retirement System.
SECTION 1. That the contributions made by the City of San Bernardino to the
California Public Employees' Retirement System, although designated as employee
2011-252
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY OF SAN BERNARDINO TO TAX DEFER
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM MEMBER PAID
CONTRIBUTIONS - IRC 414(h)(2).
contributions, are being paid by the City of San Bernardino in lieu of contributions by the
employees who are members of the California Public Employees' Retirement System.
SECTION 2.
That 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 to the
California Public Employees' Retirement System.
SECTION 3. That the City of San Bernardino shall pay to the California Public
Employees' Retirement System the contributions designated as employee contributions from
the same source of funds as used in paying salary.
SECTION 4. That the amount of the contributions designated as employee
contributions and paid by the City of San Bernardino to the California Public Employees'
Retirement System on behalf of an employee shall be the entire contribution required of the
employee by the California Public Employees' Retirement Law (California Government Code
Sections 20000, et seq.).
SECTION 5. That the contributions designated as employee contributions made by the
City of San Bernardino to the California Public Employees' Retirement System shall be treated
for all purposes, other than taxation, in the same way that member contributions are treated by
the California Public Employees' Retirement System.
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2011-252
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY OF SAN BERNARDINO TO TAX DEFER
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM MEMBER PAID
CONTRIBUTIONS - IRC 414(h)(2).
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
regular
Common Council of the City of San Bernardino at a ioint meeting thereof, held on
the 6th day of September
,2011, by the following vote, to wit:
ABSTAIN
ABSENT
Council Members:
AYES
NAYS
MARQUEZ
x
x
JENKINS
x
BRINKER
x
SHORETT
KELLEY
~
JOHNSON
x
x
MCCAMMACK
-@~ /0. ~,Jc
Rac el G. Clark, CIty Clerk
The foregoing resolution is hereby approved this ~?7+ day of Spptpmhpr
2011.
~~
ck J. Morris:-Mayor
City of San Bernardino
Approved as to Form:
ames F. Penman, City Attorney