CC Resolution 2008-083RESOLUTION NO. 2008-083
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, TO TAX DEFER MEMBER
PAID CONTRIBUTIONS TO THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM
EMPLOYER "PICK-UP" OF EMPLOYEE CONTRIBUTIONS
WHEREAS, the City of La Quinta has the authority to implement the
provisions of section 414(h112) of the Internal Revenue Code (IRC); and
WHEREAS, the Board of Administration of the Public Employees' Retirement
System adopted its resolution regarding section 414(h112) IRC on September 18,
1985; and
WHEREAS, the Internal Revenue Service has stated in December 1985, that
the implementation of the provisions of section 4141h-12) IRC pursuant to the
Resolution of the Board of Administration would satisfy the legal requirements of
section 414(h)(2) IRC; and
WHEREAS, the City of La Quinta has determined that even though the
implementation of the provisions of section 414(h112) IRC is not required by law,
the tax benefit offered by section 414(h112) IRC should be provided to its
employees who are members of the Public Employees' Retirement System, and
the City of La Quinta has been providing this benefit to employees since 1983.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
I. That the City of La Quinta will implement the provisions of section
414(h)12) Internal Revenue Code by making employee contributions pursuant to
California Government Code section 20691 to the Public Employees' Retirement
System on behalf of its 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 credited to individual employee's accounts pursuant to
California Government Code section 20691.
II. That the contributions made by the City of La Quinta to the Public
Employees' Retirement System, although designated as employee contributions,
are being paid by the City of La Quinta in lieu of contributions by the employees
who are members of the Public Employees' Retirement System.
Resolution No. 2008-083
Employee 'Pick-up' of Employer Contribution to CeIPERS
Adopted: December 18, 2008
Page 2
III. That employees shall not have the option of choosing to receive the
contributed amounts directly instead of having them paid by the City of
La Quinta to the Public Employees' Retirement System.
IV. That the City of La Quinta 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 City of La Quinta 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
sections 20000, et seq.1.
VI. That the contributions designated as employee contributions made by
the City of La Quinta to the Public Employees' Retirement System shall be treated
for all purposes, other than taxation, in the same way that member contributions
are treated by the Public Employees' Retirement System.
VII. The effective date of this Resolution shall be November 1, 1983,
(bringing past and current practices into compliance.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta
City Council held on this 16th day of December, 2008, by the following vote:
AYES: Council Members Franklin, Henderson, Kirk, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
DON ADOLPH,
City of La Quinta,
Resolution No. 2008-063
Employee "Pick-up" of Employer Contribution to CaIPERS
Adopted: December 16, 2008
Page 3
ATTEST:
City of
(SEAL)
APPROVED AS TO FORM:
KATHERINE JENS
City of La Quinta,