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R 4079RESOLUTION N0.4079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE IMPLEMENTING THE PROVISIONS OF INTERNAL REVENUE CODE SECTION 414(h)(2), FOR EMPLOYEE CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) WHEREAS, the City of Arroyo Grande 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 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 Arroyo Grande as 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 by the City Council of the City of Arroyo Grande: 1. That the City of Arroyo Grande 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. 2. That the contributions .made by the City of Arroyo Grande to the Public Employees' Retirement System, although designated as employee contributions, are being paid by the City of Arroyo Grande in lieu of contributions by the employees who are members of the Public Employees' Retirement System. 3. That the employees shall not have the options of choosing to receive the contributed amounts directly instead of having them paid by the City of Arroyo Grande to the Public Employees' Retirement System. 4. That the City of Arroyo Grande 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. RESOLUTION N0.4079 PAGE 2 5. That the amount of the contributions designated as employee contributions and paid by the City of Arroyo Grande 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 seq.). 6. That the contributions designated as employee contributions made by the City of Arroyo Grande 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. On motion by Council Member Fellows, seconded by Council Member Guthrie, and on the following roll call vote, to wit: AYES: Council Members Fellows, Guthrie, Arnold, Costello, and Mayor Ferrara NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 13~h day of May 2008. TIN~THY J, f~R1(AEL, CITY ATTORNEY OFFICIAL CERTIFICATION . I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the. attached Resolution No. 4079. is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 13~' day of May 2008. WITNESS my hand and the Seal of the City of Arroyo Grande afFxed this 14~' day of May 2008. KELLY ETM RE, CITY CLERK