HomeMy WebLinkAboutReso - CC - 075-1994I
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JEROME F. COLEMAN
CRY ATTORNEY
CITY OF BURLI NGAME
501 PRIMROSE ROAD
BURLING EC IJF.94010
RESOLUTION NO. 75 -94
IMPLEMENTING SECTION 414(H)(2) OF THE INTERNAL REVENUE CODE FOR
BURLINGAME ASSOCIATION OF MIDDLE MANAGERS
RESOLVED by the CITY COUNCIL of the City of Burlingame, California, and this Council does
hereby find, order and determine as follows:
WHEREAS, the City of Burlingame 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 on December 6, 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 Burlingame 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:
1. That the City of Burlingame 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 employees' accounts pursuant to California Government Code Section 20615.
2. That the contributions made by the City of Burlingame to the Public Employees' Retirement
System, although designated as employee contributions, are being paid by the City of Burlingame in lieu of
contributions by the employees who are members of the Public employees' Retirement System.
3. That employees shall not have the option of choosing to receive the contributed amounts directly
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IEROME F. COLEMAN
CRY ATTORNEY
"I OF BURLINGAME
501 PRIMROSE ROAD
3URUNW E,CALIF.96010
instead of having them paid by the City of Burlingame to the Public Employees' Retirement System.
4. That the City of Burlingame 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.
5. That the amount of the contributions designated as employee contributions and paid by the City
of Burlingame 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 sec.).
6. That the contributions designated as employee contributions made by City of Burlingame 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.
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Mayor
I, Judith A. Malfatti, City Clerk of the City of Burlingame, do hereby certify that the foregoing
Resolution was introduced at a regular meeting of the City Council held on the 6 m day of September,
and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: HARRISON, KNIGHT, WMAHONY, PAGLIARO, SPINELLI
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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City Clerk