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CC RESOLUTION 4497RESOLUTION NO. 4497 CITY OF EL SEGUNDO RESOLUTION FOR EMPLOYER PICK -UP WHEREAS, the City of El Segundo 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 regarding section 414(h)(2) IRC on September 18, 1985, and WHEREAS, the Internal Revenue Service has stated in December 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 El Segundo 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 That the City of El Segundo will implement the provisions of section 414(h)(2) Internal Revenue Code by making employee contributions pursuant to California Government Code section 20691 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 20691 II That the contributions made by the City of El Segundo to the Public Employees' Retirement System, 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 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 El Segundo to the Public Employees' Retirement System IV That the City of El Segundo 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 designed as employee contributions and paid by the City of El Segundo 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 Law (California Government Code sections 20000, et se ) VI That the contributions designated as employee contributions made by City of El Segundo 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, APPROVED AND ADOPTED this19 day ofDec. 2006 Kelly McDo 11, Mayor City of El Sc do 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 4497 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 the19 day of Dec. 2006, and the same was so passed and adopted by the following vote AYES McDowell, Busch, Boulgarides, Fisher, Jacobson NOES None ABSENT None ABSTAIN None Cindy Mort en, City Clerk