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07 Staff Report - Pre-Tax Payroll Deduction Plan0~ N QF i ` !ps GA~05 COUNCIL AGENDA REPORT MEETING DATE: 12/15/08 ITEM NO: 'I'] DATE: December 15, 2008 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: ADOPT RESOLUTION UPDATING THE EMPLOYER PICKUP PRE-TAX PAYROLL DEDUCTION PLAN FOR SERVICE CREDIT PURCHASES RECOMMENDATION: Adopt resolution of the Town of Los Gatos approving the employer pickup pre-tax payroll deduction plan for service credit purchases. DISCUSSION In December 2000, the Town adopted a resolution to implement a Ca1PERS program that permits Town employees who have worked in CaIPERS agencies or the military to purchase service credit. Ca1PERS has advised the Town that it is necessary to update that resolution to correctly identify the employee coverage groups. The attached resolution provides the necessary updates as required by Ca1PERS. ENVIRONMENTAL ASSESSMENTS: Is not a project defined under CEQA, and no further action is required, FISCAL IMPACT; Adoption of the resolution will have no fiscal impact on the Town of Los Gatos. Attachment: Resolution PREPARED BY: R I PORTPL Human Resources Director NAIMGWAdminworkFilesMOS Council ReportsTERS Service Credit Council Report 12-15-08.doc Reviewed by: Assistant Town Manager Town Attorney Clerk Administrator Finance Community Development RESOLUTION 2008 RESOLUTION OF THE TOWN OF LOS GATOS UPDATING THE EMPLOYER PICKUP PRE-TAX PAYROLL DEDUCTION PLAN FOR SERVICE CREDIT PURCHASES EMPLOYER CODE: 0870 RESOLUTION OF THE TOWN OF LOS GATOS 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 a pre-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 has 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, the Town of Los Gatos elects to participate in the pre-tax payroll deduction plan for all employees in the following Cal PERS coverage group(s): All Miscellaneous All Safety NOW THEREFORE, BE IT RESOLVED: 1. That the Town of Los Gatos will implement the provisions of IRC Section 414 (h) (2) by making 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 Ca1PERS 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 CaIPERS, 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 Cal PERS. 111. 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 Cal PERS. 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 cannot be any earlier than the date the completed resolution is received and approved in Ca1PERS, whichever is later. VL 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. VII. That this resolution replaces the Town of Los Gatos Resolution 2000-142 previously adopted by the Town Council on December 4, 2000. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 15th day of December, 2008 by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA