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Resolution 1987-68 ~ . . " . ~ RESOLUTION NO. 87 - 68 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY IMPLEMENTING THE PROVISIONS OF SECTION 414(h)(2) OF THE INTERNAL REVENUE CODE RELATING TO PERS CONTRIBUTIONS. WHEREASt the City Council of the City of Gilroy has the authority to implement the provisions of Section 414 (h) (2) of the Internal Revenue Code (IRC); and WHEREASt the Board of Administration of the Public Employees' Retirement System adopted its resolution re: Section 414 (h) (2) IRC on September 18t 1985; and WHEREASt the Internal Revenue Service has stat4ed on December 6t 1985t that the implementation of the provisins 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 WHEREASt the City Council of the City of Gilroy has determined that even though the implementation of the provisions of Section 414 (h) (2) IRC is not required by lawt the tax benefit offered by section 414 (h) (2) IRC should be provided to it employees who are members of the Public Employees' Retirement System. NOWt THEREFOREt BE IT RESOLVED that the City Council of the City of Gilroy 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; and That the contributions made by the City Council of the City of Gilroy to the Public Employees' Retirement Systemt although designated as employee contributionst are being paid by the City of Gilroy in lieu of contributions by the employees who are members of the Public Employees' Retirement System; and -1- RESOLUTION NO. 87 - 68 ~ ~ . . ~ That employees shall not have the option of choosing to receive the contributed amounts directly instead of having them paid by the City of Gilroy to the Public Employees' Retirement System; and That the City of Gilroy 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; and That the amount of the contributions designated as employee contributions and paid by the City of Gilroy to the Public Employees' Retirement System on behalf of an employee shall be the entire contribution required of the employee by the Public Employees' Law (California Government Code Sections 20000, et seq.); and That the contributions designated as employee contributions made by the City of Gilroy 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. PASSED AND ADOPTED this 21st day of September, 1987, by the following vote: AYES: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, PALMERLEE, VALDEZ and MUSSALLEM. NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS : Rffi RAN . APPROVED: ~~~ Mayor Protempore ATTEST: d2U~~dt~ / Ci ty lerk -2- RESOLUTION NO. 87 - 68 ~ ~1 ~ . . ~ I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 87-68 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 21st day of September , 19~, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 22nd day of September (Seal)