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HomeMy WebLinkAbout1990 048 CC RESO1990 048 CC RESO(Ìì¿ RESOLUTION NO. 90-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK IMPLEMENTING THE PROVISIONS OF SECTION 414(h)(2) OF THE INTERNAL REVENUE CODE WHEREAS, the City of Baldwin Park has the authority to implement the provisions of section 414(h)(2) of the Internal Revenue Code IRC); and WHEREAS, the Board of Administration of the Public Employees' Retirement System adopted its resolution re: section 414(h)(2) IRC on September 18, 1985; and WHEREAS, the Internal Revenue Service has stated on December 6, 1985, that the implementation of the provisions of section 414(h) 2) IRC pursuant to the Resolution of the Board of Administration would satisfy the legal requirements of section 414(h)(2) IRC; and WHEREAS, the City of Baldwin Park 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 its employees who are members of the Public Employees' Retirement System; NOW, THEREFORE, BE IT RESOLVED: I. That the city of Baldwin Park will implement the provisions of section 414(h)(2) Internal Revenue Code by making employee contributions pursuant to California Government Code section 20615 to the Public Employees' Retirement System on behalf of its employees who are members of the 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 20615. II. That the contributions made by the City of Baldwin Park to the Public Employees' Retirement System, although designated as employee contributions, are being paid by the City of Baldwin Park in lieu of contributions by the employees who are members of the Public Employees' Retirement System. III. That employees shall not have the option of choosing to receive the contributed amounts directly instead of having them paid by the City of Baldwin Park to the Public Employees' Retirement System. IV. That the City of Baldwin Park shall pay to the Public Employees' Retirement System the contributions designated as employee contributions from the same source of funds as used in paying salary. V. That the amount of the contributions designated as employee contributions and paid by the City of Baldwin Park to the Public Employees' Retirement System on behalf of an employee shall be the entire contribution required of the employee by the Public Employees' Retirement BIB] 37650-U01 1990-U02 048-U02 CC-U02 RESO-U02 LI3-U03 FO2126-U03 FO2127-U03 DO2177-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 90-48-U05 JUN-U05 20-U05 1990-U05 1990 048 CC RESO(Ìì¿ Resolution 90-48 Page 2 Law California Government Code Section 200000, et sea.). VI. That the contributions designated as employee contributions made by the City of Baldwin Park to the Public Employees' Retirement System shall be treated for all purposes, other than taxation, in the same way that member contributions are treated by the Public Employees' Retirement System. BE IT FURTHER RESOLVED, that the City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 20th day of June, 1990. Mayor STATE or CALIFORNIA COUNTY OF LOS ANGELES CITY OF BALDWIN PARK I, LINDA L. GAIR, City Clerk of the City of Baldwin Park do hereby certify that the foregoing RESOLUTION was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at its regular meeting of the City Council on the 20th day of June, 1990, by the following vote. AYES: COUNCILPERSON MCNEILL, IZELL,GALLEGOS,KEYSER,MAYOR LOWES NOES: COUNCILPERSON NONE ABSENT: COUNCILPERSON NONE BIB] 37650-U01 1990-U02 048-U02 CC-U02 RESO-U02 LI3-U03 FO2126-U03 FO2127-U03 DO2177-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 90-48-U05 JUN-U05 20-U05 1990-U05