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HomeMy WebLinkAbout2008-12-23 CC Agenda Item No.12 (2) CI TY Qfi LA E 5 LSINORE D REAM EXTREME, REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: DECEMBER 23, 2008 SUBJECT: CALPERS EMPLOYER PICKUP RESOLUTION FOR PRE -TAX DEDUCTION PLAN FOR SERVICE CREDIT PURCHASES Background Employees of the City of Lake Elsinore are covered by the California Public Employees' Retirement System (CaIPERS). Employees earn service credit for each year or partial year they work for a CaIPERS- covered employer. In some cases, employees may be able to purchase additional service credit that can help them maximize their retirement benefits. Currently, there are no City employees purchasing additional service credit, however, there has been several inquiries regarding available options. This resolution would allow additional service credit purchases to be treated as a pre -tax payroll deduction under Internal Revenue Code (IRC) section 414(h)(2). Discussion A resolution must be approved by the City Council and a copy sent to CaIPERS to authorize the pre -tax deduction plan for service credit purchases. Fiscal Impact There is no fiscal impact. Recommendations It is recommended that City Council adopt the attached resolution for the pre -tax deduction plan for service credit purchases. Agenda Item No. 12 Page 1 of 4 Resolution for CaIPERS Pre -Tax Deduction Plan December 23, 2008 Page 2 Prepared by: James R. Riley OM Acting Director of inistrative Services Approved by: Robert A. Brady City Manager Agenda Item No. 12 Page 2 of 4 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTING A PRE -TAX PAYROLL DEDUCTION PLAN FOR SERVICE CREDIT PURCHASES (CONTRIBUTION CODE 14) WHEREAS, the Board of Administration of the California Public Employees' Retirement System (CaIPERS) 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 Lake Elsinore 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 CaIPERS; and WHEREAS, the City of Lake Elsinore elects to participate in the pre -tax deduction plan for all employees in the following Calpers Coverage groups: 70004 Miscellaneous NOW, THEREFORE, THE CITY COUNCIL OF LAKE ELSINORE DOES HEREBY RESOLVE: I. That the City of Lake Elsinore 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 CaIPERS 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 CaIPERS 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. II. That the contributions made by the City of Lake Elsinore to CaIPERS, although designated as employee contributions, are being paid by the City of Lake Elsinore in lieu of contributions by the employees who are members of CaIPERS. III. That the employees shall not have the option of choosing to receive the contributed amounts directly instead of having them paid by the City of Lake Elsinore to CaIPERS. 1 Agenda Item No. 12 Page 3 of 4 IV. That the City of Lake Elsinore shall pay to CaIPERS the contributions designated as employee contributions from the same source of funds as used in paying salary, thereby resulting in tax deferral of employee contributions. V. That the effective date for commencement of the pre -tax payroll deduction plan cannot be any earlier than the date the completed resolution is received and approved by CaIPERS. VI. That the governing body of the City of Lake Elsinore 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 CaIPERS for those employees of the above stated Coverage Groups(s) who have elected to participate in this plan. PASSED, APPROVED AND ADOPTED this 23 day of December, 2008 by the following vote: ROBERT E. MAGEE, MAYOR CITY OF LAKE ELSINORE ATTEST CAROL COWLEY, INTERIM CITY CLERK CITY OF LAKE ELSINORE APPROVED AS TO FORM: BARBARA LEIBOLD, CITY ATTORNEY CITY OF LAKE ELSINORE 2 Agenda Item No. 12 Page 4 of 4