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HomeMy WebLinkAbout12-100 - Resolutions RESOLUTION NO. 12-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUCAMONGA, STATE OF CALIFORNIA, PROVIDING FOR THE PRE- TAX TREATMENT OF COST-SHARING CONTRIBUTIONS TO PERS UNDER SECTION 414(H)(2) OF THE INTERNAL REVENUE CODE WHEREAS, the City of Rancho Cucamonga, California, provides retirement benefits to eligible employees under the California Public Employees' Retirement System (PERS); WHEREAS, benefits under PERS are funded by "member contributions" and "employer contributions," at rates determined by PERS in accordance with the laws governing PERS and with the agreement governing the City's participation in PERS; WHEREAS, the City may, to the extent permitted by the PERS laws and the City's memorandums of understanding or similar agreements with employees, deduct employees' compensation to pay member contributions or employer contributions, or both, to PERS; WHEREAS, the City previously adopted a resolution providing, in accordance with section 414(h)(2) of the Internal Revenue Code (Code), for the "pick up" of amounts deducted from employees' compensation to pay member contributions to PERS, in order to qualify the contributions as pre-tax for income-tax purposes; and WHEREAS, the City wishes to adopt this resolution in order to (1) designate amounts deducted from employees' compensation to pay employer contributions to PERS ("cost-sharing contributions") as employee contributions, and (2) provide for the "pick up" of cost-sharing contributions in accordance with section 414(h)(2) of the Code, in order to qualify the contributions as pre-tax for income-tax purposes. NOW, THEREFORE, BE IT RESOLVED that: SECTION 1. All cost-sharing contributions made by City employees are hereby designated as employee contributions. SECTION 2. The City hereby picks up all cost-sharing contributions in accordance with section 414(h)(2) of the Code, so that the contributions, even though designated as employee contributions and deducted from employees' compensation, will be treated as employer contributions for tax purposes. SECTION 3. Employees will not have the option of choosing, directly or indirectly, to receive the contributions instead of having them paid by the City to PERS. SECTION 4. The City will pay to PERS the contributions designated as employee contributions from the same source of funds as used in paying salary. SECTION 5. Contributions picked up under this resolution will be tax deferred to the extent provided under the Code, Treasury Regulations, and other guidance issued thereunder as described in a legal opinion on file with the City Clerk. SECTION 6. This resolution applies to all contributions made on or after July 1, 2012. SECTION 7. Nothing in this resolution affects or governs PERS's methods for characterizing or accounting for amounts deducted from employees' compensation for contribution to PERS. Those methods are governed solely by California law and PERS's policies. Please see the following page for formal adoption,certification and signatures PASSED, APPROVED, AND ADOPTED this 201" day of June 2012. AYES: Alexander, Buquet, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None l L. Den is Wichael, Mayor ATTEST: Janic C. Reynolds, ity Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 20'" day of June 2012. Executed this 21st day of June 2012, at Rancho Cucamonga, California. Ja ice C. Reynolds, Uty Clerk Resolution No. 12-100 - Page 2 of 2