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R-8986 . e 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) IRC; and WHEREAS, the City of Santa MOnica has determined 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: . e Section 1. That the City of Santa MOnica will implement the provIsions of Section 414(h)(2) IRC 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 of 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 20615. Section 2. That the contributions made by the City of Santa MOnica to the Public Employees' Retirement System, although deSignated as employee contributions, are being paid by the City of Santa MOnica In lieu of contributions by the employees who are members of the Public Employees' Retirement System. SectIon 3. That employees shall not have the option of choosing to receive the contributed amounts directly Instead of haVing them paid by the City of Santa MOnica to the Public Employees' Retirement System. SectIon 4. That the City of Santa MOnica 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 Section 5. That the amount of the contributions deSignated as employee e e contributions and paid by the City of Santa MOnica 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.). Section 6. That the contnbutlons desIgnated as employee contributions made by the City of Santa MOnica to the Public Employees' Retirement System shall be treated for all purposes, other than taxation, In the same way that member contnbutlOns are treated by the Public Employees' Retirement System Section 7. The City Clerk shall certify to the adoption of this Resolution and thenceforth and thereafter the same shall be In full force and effect. APPROVED AS TO FORM: ~L<i nuu~ MARSHA J~~UTRIE - City Attorney e e Adopted and approved tlus 9th of January, 1996 ~~~ Mayor I hereby certIfy that the foregomg ResolutIOn 8986 (CeS) was duly adopted at a meetmg of the CIty Councll held on the 9th of January, 1996 by the followmg vote Aves "' CouncIl members Abdo, Ebner, Genser, Holbrook, Rosenstem Noes CouncIl members None Abstam CouncIl members None Absent CouncIl members Greenberg, O'Connor ATTEST ~ ~ .~t CIty Clerk \