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SR-010996-6P 6P- PE:smpoa 16 bancroft pms Council Meeting: January 9, 1996 - Santa MOnica, California JAN 0 9 1996 TO Mayor and City CouncIl FROM: CIty Staff SUBJECT Resolution to Implement ProvIsIon of the Santa Monica Police AssOciatIon's Memorandum of Understanding Pertaining to Employee Contributions to the Public Employees' Retirement System INTRODUCTION This report requests that Council adopt the attached Resolution which Implements a provIsion of the Santa MOnica Police Association's (SMPOA) Memorandum of Understanding (MOU) pertaining to employee contnbutlons to the PubliC Employees' RetIrement System (PERSI BACKGROUND Under the terms of the recently negotiated MOU between the City of Santa Monica and SMPOA, SMPOA employees now pay their own contrrbutlon to the Public Employees Retirement System (PERS). The City agreed to Implement the prOVISions of Section 414 (h) (2) of the Internal Revenue Code which allow that the employee contnbutlons to PERS be treated as employer contrrbutlons for federal and state tax purposes. In order to Implement this option, PERS reqUires that the City submit a Resolution to that effect which has been adopted by City Council 6P- JAN 0 9 1996 f BUDGET/FINANCIAL IMPACT There IS no financial Impact assocIated with the adoption of the attached Resolution RECOMMENDA TION It IS recommended that Council adopt the attached Resolution authonzlng the City to contract with PERS for the PERS option which allows for the Implementation of Section 414 (h) (2) of the Internal Revenue Code Prepared by Karen Bancroft :smD{]a 1 6 ba....croft pms} RESOLUTION 8986 (CCS) (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY OF SANTA MONICA TO IMPLEMENT THE PROVISIONS OF SECTION 414(h)(2) OF THE INTERNAL REVENUE CODE WHEREAS , the City of Santa MOnica 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) IRe; and WHEREAS, the City of Santa MOnica has determmed that even though the Implementation of the prOVISions of Section 414(h)(2) 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, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: Adopted and approved thIs 9th of January, 1996 ~~~ Mayor I hereby certIfy that the foregomg Resoluuon 8986 (CCS) was duly adopted at a meetmg of the City Council held on the 9th of January, 1996 by the followmg vote. Ayes CouncIl members Abdo, Ebner, Genser, Holbrook, Rosenstem Noes Counctl members None Abstam CouncIl members None Absent Counell members Greenberg, O'Connor ATTEST ~~.~t Cny Clerk \