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Resolution 2004- 50 RESOLUTION NO. 2004-50 Employer code: 0733 EMPLOYER PICKUP RESOLUTION PRE-TAX PAYROLL DEDUCTION PLAN FOR SERVICE CREDIT PURCHASES (CONTRIBUTION CODE 14) WHEREAS, the Board of Administration of the California Public Employees' Retirement System (CaIPERS) at the April 1996 meeting approved a pre-tax payroll deduction plan for service credit purchases under Internal Revenue Code (IRC) section 414(h)(2); and WHEREAS, the City of Gilroy has the authority to implement the provisions of IRC section 414(h)(2) and has determined that even though implementation is not required by law, the tax benefit offered by this section should be provided to those employees who are members of CaIPERS; and WHEREAS, the City of Gilroy elects to participate in the pre-tax payroll deduction plan for all employees in the following CalPERS coverage group(s): All Miscellaneous All Safety NOW, THEREFORE, BE IT RESOLVED: I. That the City of Gilroy will implement the provisions of IRC section 414(h)(2) by making employee contributions for service credit purchases pursuant to the California State Government Code on behalf of its employees who are members of CalPERS and who have made a binding irrevocable election to participate in the pre-tax payroll deduction plan. "Employee contributions" shall mean those contributions reported to CalPERS which are deducted from the salary of employees and are credited to individual employee accounts for service credit purchases, thereby resulting in tax deferral of employee contributions. II. That the contributions made by the City of Gilroy to CalPERS, although designated as employee contributions, are being paid by the City of Gilroy in lieu of contributions by the employees who are members of CaIPERS. III. That the 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 CaIPERS. RESOLUTION NO. 2004-50 -1- IV. That the City of Gilroy shall pay to CalPERS the contributions designated as employee contributions from the same source of funds as used in paying salary, thereby resulting in tax deferral of employee contributions. V. That the effective date for commencement of the pre-tax payroll deduction plan cannot be any earlier than July 1, 1996, or the date the completed resolution is received and approved in CaIPERS, whichever is later. VI. That the governing body of the City of Gilroy shall participate in and adhere to requirements and restrictions of the pre-tax payroll deduction plan by reporting pre-tax payroll deductions when authorized by CalPERS for those employees of the above stated Coverage Group(s) who have elected to participate in this plan. PASSED AND ADOPTED this 7th day of June, 2004 by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE,VELASCO,andP~IRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ATTEST: J ~ ~~'" , .... 'Wwe;J~~' Rhonda Pellin, city' 'Ierk APPROVED: ~ eft Pmherro, Mayor RETURN ADDRESS: City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 ******************************************************************************************** FOR CALPERS USE ONLY Pre-tax Pa roll Deduction Plan Effective Date: RESOLUTION NO. 2004-50 -2- I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached Resolution No. 2004-50 is an original resolution, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 7th day of June, 2004, 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 10th day of June, 2004. (Seal)