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CC RESOLUTION 44074 407 - . ..1 Employer code: 0039 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 (Ca1PERS) 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 El Segundo 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 CalPERS; and WHEREAS, the City of El Segundo elects to participate in the pre -tax payroll deduction plan for all employees in the following CalPERS coverage groups: Miscellaneous 70002 Safety Police 75001 Safety Fire 74001 NOW, THEREFORE, BE IT RESOLVED: I. That City of El Segundo 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 El Segundo to CalPERS, although designated as employee contributions, are being paid by the City of El Segundo in lieu of contributions by the employees who are members of CalPERS. 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 El Segundo to CalPERS. W 4 V • • ei IV. That the City of El Segundo shall pay to Ca1PERS 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 CalPERS, whichever is later. VI. That the governing body of the City of El Segundo 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 Ca1PERS for those employees of the above stated Coverage Groups who have elected to participate in this plan. PASSED AND ADOPTED by the governing body of the City of El Segundo this 7th dayof December 2004. By (Signature Official)' Kelly McDowell, Mayor (Title of Official) RETURN ADDRESS: 350 Main Street El Segundo, CA 90245 ATTEST: I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. 4407 was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 16th day of November 2004, and the same was so passed and adopted by the following vote: AYES: McDowell, Gaines, Boulgarides, Busch, Jacobson NOES: None ABSENT: None ABSTAIN: None Cindy Mo esen, City Clerk Mark D. nt -(7ty Attorney FOR CALPERS USE ONLY Pre -tax Payroll Deduction Plan Effective Date: Approved By: Title: MEMBER SERVICES DIVISION, Service Credit Section — Unit 830