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2000-142-Implementing The Employer Pickup Pre- Tax Payroll Deduction Plan For Service Credit PurchasesRESOLUTION 2000 -142, RESOLUTION OF THE TOWN OF LOS GATOS IMPLEMENTING'THE EMPLOYER PICKUP PRE-TAX PAYROLL DEDUCTION PLAN FOR .SERVICE CREDIT PURCHASES EMPLOYER CODE: 0870 EMPLOYER PICKUP RESOLUTION PRE-TAX PAYROLL DEDUCTION PLAN .FOR SERVICE CREDIT PURCHASES .(CONTRIBUTION CODE 14) WHEREAS, the Board of .Administration of the California Public Employees' Retirement System (Ca1PERS) at the April 1996 meeting approved apse-tax payroll deduction plan for service credit purchases under Internal Revenue Code (IRC) section 414 (h)(2); and WHEREAS, the Town of Los .Gatos has the authority to implement the provisions of IRC Section 414 (h) (2) and 11as determined that even though implementation is not required by law, the tax benefit offered by this section should be provided those employees who are members of Ca1PERS; .and WHEREAS, t11e Town of Los Gatos elects to participate in the pre-tax payroll deduction plan for all employees in the following Ca1PERS coverage group(s): Miscellaneous 70001 Police 75001 NOW THEREFORE, BE IT RESOLVED: That the Town of Los Gatos will implement the provisions of IRC Section 414 {h) (2) by malting employee contributions for service credit purchases pursuant to California State Government Code on behalf of its employees who are members of Ca1PERS 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 Town of Los Gatos to Ca1PERS, although designated as employee contributions, are being paid by the Town of Los Gatos in lieu of contributions by the employees who are members of Ca1PERS, III. That the employees shall not have the option of choosing to receive the contributed amounts directly instead of having them paid by the Town of Los Gatos to the Ca1PERS. IV. That the Town of Los Gatos shall pay to Ca1PERS 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 camlot be any earlier than July 1, 1996, or the date the completed resolution is received and approved in CaIPERS, whichever is later. VI. That the governing body of the Town of Los Gatos .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 Ca1PERS for those employees of the .above stated Coverage Group(s) who have elected to participate in this plan. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 4~~' day of December , 2000 by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman, Mayor Joe Pirzynslci. NAYS.: None ABSENT; None ABSTAIN: None SIGNED: ~~ MAY OF THE T OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF S GATOS .LOS GA:TOS, CALIFORNIA