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2000-082-Implementing The Provisions Of Section 414(H) (2) Of The Internal Revenue Code For Confidential EmployeesRESOLUTION 2D00 - 82 RESOLUTION OF THE TOWN OF LOS GATOS IMPLEMENTING THE PROVISIONS OF SECTION 414 (h) (2) OF THE INTERNAL REVENUE CODE FOR CONFIDENTIAL .EMPLOYEES WHEREAS, the Town ofLos Gatos 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 Employee's Retirement System adopted its resolution re: Section 4I4 (h) (2) IRC on September 18, 1985; and WHEREAS, the Internal Revenue Service .has stated in December, 1985, 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 Town of Los Gatos 'has .determined that even though the implementation of the provisions of Section 414 (h) (2) IRC is not required by law, the tax benefit offered by Section 414 (h) (2) should be provided to its employees who are members of the Public Employees' .Retirement System: NOW THEREFORE, BE IT RESOLVED: I. That the Town of Los Gatos will .implement the provisions of Section 414 (h) (2) Internal .Revenue Code by malting employee contributions pursuant to California Government Code Section 20691 to the Public Employees' Retirement System on behalf of Confidential employees who are members of the Public Employees' Retirement System. "Employee contributions" shall mean those contributions to the Public Employees' Retirement System which are deducted from the salary of employees and are credtedto individual employee's accounts pursuant to California Government Code Section.20691. II. Thatthe contributions madeby the Town of Los Gatos to the Public Employees' Retirement System, .although designated as employee contributions, are being ;paid by the Town of Los Gatos in lieu of contributions by Confidential employees who are :members of the Public Employees' Retirement System. III. That Confidential 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 Public Employees' Retirement System. IV. That the Town of Los Gatos 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. V. That the amount of the contributions designated as employee contributions and paid by the Town of Los Gatos 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 Section 20000, et sea.j. VI. That the contributions designated as .employee contributions made by the Town of Los Gatos to the Public Employees' Retirement System shall be treated for al'1 purposes, other than taxation, in the same way that member contributions are treated by the Public Employees' Retirement System. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the i 9t" day of June, .2000 by the following vote.: COUNCIL MEMBERS: .AYES: Jan Hutchins, Joe Pirzynski, Mayor Steven Blanton NAYS: None ABSENT: Randy Attaway and Linda Lubeck ABSTAIN.: None SIGNED: TOS LOS ATTEST: "_~~ CLERK. OF THE TOWN OF L GATOS LOS UATOS, CALIFORNIA TOS, CALIFORNIA Actuarial ~~'~mployer Services Division P.O. 'Box ~. 09 1 ~i% 'Sacramento, CA 94229-2709 - - Telecommunications Device for the Deaf (916) 326 3240 CaIPERS (916) :326-3420 FAX j916) 326-3005 July 25, 2000 Mr. Gary W. Rogers Town. of Los Gatos Civic Center 110 E. Main Street 'P.O. Bo -949 Los Gatos, CA 9.5031 Dear Ms. Robles: ~~,~~;~~. ~~ Cle,,~ ~~~ `~c~~ P?~r~9r G C!c?~~ ~ Employer Code #0870 Reply to Section 115/Cf We are in receipt of Town of Los Gatos' Resolutions No. 2000-78, 2000-80, and 2000-82 to implement Section 414(h)(2) of the Internal Revenue Code on behalf of its Town 'Managers, Town Attorney, Management Group I & I'I, Confidential Employees, and Town Employees Association represented positions. The effective date of this Resolution is June 19, 20D0. The Resolution, as written, contains all thenecessary information and is in compliance with the blanket .ruling and resolution ,provided to CaIPERS by the Internal Revenue Service. Should you have any questions regarding this matter, please give me a call at (916) 55'8- 4D45. Sincerely, ~~~~ ~- f Connie .Fleming., RPS II Compensation'Review Unit Cc: Employer File California Public Employees' Retirement System Lincoln Plaza - 400 PStreet -Sacramento, CA 95814