2011/07/26 City Council Resolution 2011-69RESOLUTION NO. 2011-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING APPROVAL TO IMPLEMENT PROVISIONS OF INTERNAL REVENUE
CODE 414(h)(2) TO TAX DEFER MEMBER PAID CONTRIBUTIONS TO CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
WHEREAS, the City Council of the City of Rohnert Park has the authority to implement the
provisions of section 414(h)(2) of the Internal Revenue Code (IRC); and
WHEREAS, the City of Rohnert Park 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)
.IRC should be provided to ALL EMPLOYEES who are members of the California Public
Employees' Retirement System:
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Rohnert Park:
1. That the City of Rohnert Park will implement the provision of section 414(h)(2) Internal
Revenue Code by making employee contributions pursuant to California Government Code
Section 20691 to the California Public Employees' Retirement System on behalf of all its
employees or all its employees in a recognized group or class of employment who are
members of the California 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 credited to individual employee's accounts
pursuant to California Government Code section 20691.
2. That the contributions made by the City of Rohnert Park to the California Public Employees'
Retirement System, although designated as employee contributions, are being paid by the
City of Rohnert Park in lieu of contributions by the employees who are members of. the
California Public Employees' Retirement System.
3. That employees shall not have the option of choosing to receive the contributed amounts
directly instead of having them paid by the City of Rohnert Park to the California Public
Employees' Retirement System.
4. That the City of Rohnert Park shall pay to the California Public Employees' Retirement
System the contributions designated_ as employee contributions from the same source of funds
as used in paying salary.
5. That the amount of the contributions designated as employee contributions and paid by the
City of Rohnert Park to the California Public Employees' Retirement System on behalf of an
employee shall be the entire contribution required of the employee by the California Public
Employees' Retirement Law (California Government Code Sections 20000, et seq.)..
6. That the contributions designated as employee contributions made by the City of Rohnert
Park to the California Public Employees' Retirement System shall be treated for all purposes,
other than taxation, in the same way that member contributions are treated by the California
Public Employees' Retirement System.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this
26"' day of July, 2011.
CITY OF ROHNERT PARK
AHANOTU: AYE CALLINAN: AYE MACKENZIE: AYE STAFFORD: AYE BELFORTE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)