HomeMy WebLinkAbout05.L- Authorization of Employer Pick Up of Tax Deferred Member Paid Contributions 5.L
RESOLUTION (ID # 4360) DOC ID: 4360 B
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Nita McKay M/CC Meeting Date: 03/21/2016
Prepared by: Veronica Martinez, (909)
384-5242
Dept: Finance Ward(s): N/A
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino, Acting as
the Successor Agency to the Redevelopment Agency of the City of San Bernardino,
Authorizing Employer Pick Up of Tax Deferred Member Paid Contributions. (#4360)
Current Business Registration Certificate: Not Applicable
Financial Impact:
There is no financial impact to the City to implement this plan. The employee pays for
this benefit through payroll deductions.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
February 1, 2016 - Resolution 2016-14 was adopted.
Background:
On November 16, 1981, active employees with the San Bernardino Redevelopment
Agency and active employees with the City of San Bernardino Community Development
Department merged into the Community Development Commission of the City of San
Bernardino ("Commission"). The Commission subsequently entered into a new
California Public Employees' Retirement ("CaIPERS") Contract at the 2% @ 60
retirement formula for active employees of the merged Commission. The effective date
of the new contract was August 1, 1982. On July 1, 2001, the 1982
Commission/CaIPERS Contract ("1982 Contract") was amended to the 2% @ 55
formula.
On April 21, 2003, the Commission adopted the Final Resolution, with an effective date
of July 1, 2003, to further amend the 1982 Contract to provide the 3% @ 60 retirement
formula for active (as of that date) Commission employees, with a twelve-month final
valuation.
On February 1, 2016, the Mayor and Common Council, acting as the Successor Agency
to the Redevelopment Agency of the City of San Bernardino, adopted Resolution No.
2016-14 approving a Resolution of Intention to approve a contract between the Board of
Administration California Public Employees' Retirement System and the Mayor and
Common Council of the City of San Bernardino Acting as the Successor Agency to the
Redevelopment Agency of the City of San Bernardino.
Updated: 3/17/2016 by Georgeann "Gigi" Hanna B Packet Pg. 339
w...
1
4360
Current Issue:
Under the current CaIPERS contract, Successor Agency employees are entitled to
purchase various types of CalPERS service credit at their own expense including, but
not limited to, redeposit of withdrawn contributions, maternity/paternity leave, leave of
absence, and military leave.
:
Section 414(h)(2) of the Internal Revenue Code (IRC) allows employers to "pickup"
member pension contributions and consider them employer contributions for tax
reporting purposes even though the contribution is funded by a deduction from the
employee's salary. This is called the "Employer Pick Up" and allows employee
contributions to be treated as employer contributions for federal and state tax purposes,
thus lowering the employees' taxable gross income.
Once the new CalPERS contract for the Successor Agency takes effect, this benefit will
no longer be available. In order to allow employees to continue to have the option to
purchase the allowable service credits, CalPERS requires that the Successor Agency
adopt an "Employer Pick-Up" resolution to report member contributions to CalPERS as
tax-deferred contributions.
Adoption of this resolution will allow Successor Agency employees who elect to
purchase allowable service credits to participate in the pre-tax payroll deduction plan.
This is a benefit to the employee and there is no cost to the City as the election to
purchase service credit remains optional and at the employees' sole expense.
City Attorney Review:
Supporting Documents:
CalPers Employer Pick-up of Tax Deferred Member (DOC)
Reso 2016-14 (PDF)
Updated: 3/17/2016 by Georgeann "Gigi" Hanna B Packet Pg. 340
5.L.a'
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, ACTING AS THE SUCCESSOR AGENCY TO THE
3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AUTHORIZING
4 EMPLOYER PICK UP OF TAX DEFERRED MEMBER PAID CONTRIBUTIONS
W
5 WHEREAS, the Mayor and Common Council of the City of San Bernardino acting as the a
U
6 Successor Agency to the Redevelopment Agency of the City of San Bernardino ("Successor o
7 Agency") has the authority to implement the provisions of section 414(h)(2) of the Internal Revenue
8 Code (IRC); and
9 a
10 WHEREAS, the Board of Administration of the Public Employees' Retirement System 01
0
11 adopted its resolution regarding section 414(h)(2) IRC on September 18, 1985; and E
W
12
WHEREAS, the Internal Revenue Service has stated in December 1985, that the
13 L
implementation of the provisions of section 414(h)(2) IRC pursuant to the Resolution of the Board
14 d
15
of Administration would satisfy the legal requirements of section 414(h)(2) IRC; and
L
L
16 WHEREAS, the Successor Agency has determined that even though the implementation of o
17 x
cC
the provisions of section 414(h)(2) IRC is not required by law, the tax benefit offered by section
18 Q
414(h)(2) IRC should be provided to its employees who are members of the Public Employees' 7
19 U
a.
20 Retirement System;.
0
a
21 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON w
COUNCIL OF THE CITY OF SAN BERNARDINO, ACTING AS THE SUCCESSOR Cn
22 AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN a
23 BERNARDINO, AS FOLLOWS: v
u
24 Section 1. That the Successor Agency will implement the provisions of section
25 414(h)(2) Internal Revenue Code by making employee contributions pursuant to California
Q
26 Government Code section 20691 to the Public Employees' Retirement System on behalf of its
27
employees who are members of the Public Employees Retirement System. "Employee
28
1 Packet Pg. 341
5.La
1 contributions" shall mean those contributions to the Public Employees' Retirement System which
2 are deducted from the salary of employees and are credited to individual employee's accounts
3 pursuant to California Government Code section 20691.
4
5 Section 2. That the contributions made by the Successor Agency to the Public
CO
U
6 Employees' Retirement System, although designated as employee contributions, are being paid by a
Y
7 the Successor Agency in lieu of contributions by the employees who are members of the Public
8 Employees' Retirement System. CL
9 a
10 Section 3. That employees shall not have the option of choosing to receive the
0
contributed amounts directly instead of having them paid by the Successor Agency to the Public E
11 W
12 Employees' Retirement System.
M
13
L
Section 4. That the Successor Agency shall pay to the Public Employees' Retirement s
14 E
0
System the contributions designated as employee contributions from the same source of funds as
15 0
L
L
16 used in paying salary.
v
X
17 Section 5. That the amount of the contributions designated as employee contributions iM
w
0
18 0.
and paid by the Successor Agency to the Public Employees' Retirement System on behalf of an Y
19
a.
employee shall be the entire contribution required of the employee by the Public Employees'
20 0
21 Retirement Law (California Government Code sections 20000, et seq.).
w
N
22 Section 6. That the contributions designated as employee contributions made by a
M
23 Successor Agency to the Public Employees' Retirement System shall be treated for all purposes,
24
other than taxation, in the same way that member contributions are treated by the Public Employees'
25
w
26 Retirement System.
27 Section 7. This Resolution shall take effect upon its adoption and execution in the
28 manner as required by the City Charter.
2 Packet Pg. 342
5.L.a
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, ACTING AS THE SUCCESSOR AGENCY TO THE
2 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AUTHORIZING
3 EMPLOYER PICK UP OF TAX DEFERRED MEMBER PAID CONTRIBUTIONS
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Successor N
w
5 Agency to the Redevelopment Agency of the City of San Bernardino, at a meeting thereof, held
U
6 on the day of March, 2016, by the following vote, to wit: o
0
7 Council Members Ayes Nays Abstain Absent
8 MARQUEZ CL
9 BARRIOS
L
10 VALDIVIA c
a
11 SHORETT E
w
12 NICKEL c
M
13 RICHARD
L
14 MULVIHILL
a�
15
L
L
16 Georgeann Hanna, City Clerk o
x
17
The foregoing Resolution is hereby approved this day of March, 2016. M
18 Q
19
a.
L
20 R. Carey Davis, Chairman o
Successor Agency to the Redevelopment Agency a
21 of the City of San Bernardino w
22
a
23 Approved as to Form: v
Gary D. Saenz, City Attorney
24
25 By:
a
26
27
28
3 Packet Pg. 343
5.L.b
RESOLUTION NO. 2016-14
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE
3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
APPROVING A RESOLUTION OF INTENTION TO APPROVE A CONTRACT
4 BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC
5 EMPLOYEES' RETIREMENT SYSTEM AND THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR
6 AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO.
w
g WHEREAS, on February 1, 2012 the Redevelopment Agency of the City of San
9 Bernardino was dissolved pursuant to Health and Safety Code ("HSC") section 34172 (a)(1),
10
and �
11 CL
12 WHEREAS, the City received notification by CalPERS that a new contract is
U
a
13 necessary to clarify its relationship with the Successor Agency, a
0
14 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON w
15 COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
M
16 BERNARDINO AS FOLLOWS: 7T-
17 SECTION 1. The City Manager of the City of San Bernardino acting as the c
N
18 0
Executive Director of the Successor Agency is hereby authorized and directed to approve
19
20 the Resolution of Intention to approve a contract between Ca1PERS and the Mayor and a
E
21 Common Council of the City of San Bernardino acting as the Successor Agency to the 2
22 Redevelopment Agency of the City of San Bernardino Successor Agency to the
23 Redevelopment Agency of the City of San Bernardino, a copy of which is attached hereto
24
25 as Exhibit "A".
26 SECTION 2. The authorization granted hereunder shall expire and be void and of no
27 further effect if the Resolution of Intention is not issued within sixty (60) days following the
28 effective date of the Resolution.
Packet Pg. 344
5.L.b
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
1 BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO APPROVING A RESOLUTION OF
2 INTENTION TO APPROVE A CONTRACT BETWEEN THE BOARD OF
3 ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
4 AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO.
5
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino acting as the Successor Agency to the w
g a
�a
9 Redevelopment Agency of the City of San Bernardino at a joint regular meeting thereof, held =
0
10 on the 1"day of February, 2016, by the following vote, to wit: o
N
N
11 Council Members: AYES NAYS ABSTAIN ABSENT CL
12
MARQUEZ x a.
13
14 BARRIOS x 0
W
15 VALDIVIA x
0
0
M
16 SHORETT x
r
17 NICKELS x
0
N
18 JOHNSON x
19
MULVAHIL x c
20 E
C_
21 , City Clerk
Georgea C Hanna, y Q
22 �-�
The foregoing Resolution is hereby approved this day of February, 2016.
23
24
25 R. Carey Dav' , Mayor
City of San Bernardino
26 Approved as to form:
27 Gary D. Saenz, City Attorney
28 By:
Packet Pg. 345