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Resolution 12794CITY OF ALAMEDA RESOLUTION NO. 12794 APPROVING A PRE-TAX PAYROLL DEDUCTION PLAN FOR SERVICE CREDIT PURCHASES WHEREAS, the Board of Administration of the California Public Employees' Retirement System (CalPERS) at the April 1996 meeting approved a pre-tax payroll deduction plan for service credit purchases under Internal Revenue Code (IRC) section 414 (h) (2) ; and WHEREAS, the City of Alameda has the authority to implement the provisions of IRC section 414(h) (2) and has determined that even though implementation is not required by law, the tax benefit offered by this section should be provided to those employees who are members of CalPERS; and WHEREAS, the City of Alameda elects to participate in the pre-tax payroll deduction plan for all employees in all CalPERS -- coverage groups. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda that: 1. The City of Alameda will implement the provisions of IRC section 414(h) (2) by making employee contributions for service credit purchases pursuant to the California State Government Code on behalf of its employees who are members of CalPERS and who have made a binding irrevocable election to participate in the pre-tax payroll deduction plan. "Employee contributions" shall mean those contributions reported to CalPERS which are deducted from the salary of employees and are credited to individual employee accounts for service credit purchases thereby resulting- in tax deferral of employee contributions. 2. That the contributions made by the City of Alameda to CalPERS, although designated as employee contributions, are being paid by the City of Alameda in lieu of contributions by the employees who are members of CalPERS. 3. That the employees shall not have the option of choosing to receive the contributed amounts directly instead of having them paid the by City of Alameda to CalPERS. 4. That the City of Alameda shall pay to CalPERS the contributions designated as employee contributions from the same source of funds as used in paying salary, thereby resulting in tax deferral of employees contributions. Revised 8/12/96 5. That the effective date for commencement of the pre- tax payroll deduction plan cannot be any earlier than July 1, 1996, or the date the completed resolution is received and approved in CalPERS, whichever is later. 6. That the governing body of the City of Alameda shall participate in and adhere to requirements and restrictions of the pre-tax payroll deduction plan by reporting pre-tax payroll deductions when authorized by CalPERS for those employees of the above stated Coverage Group(s) who have elected to participate in this plan. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 2nd day of July , 1996, by the following vote to wit: AYES: Councilmembers Arnerich, DeWitt, Mannix and President Appezzato - 4. NOES: None. ABSENT: Councilmember Lucas - 1. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 3rd day of July , 1996. Diane B. Felsch, City Clerk City of Alameda Revised 8/12/96