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Res 11-039RESOLUTION NO. 11 -039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, TO DEFER MEMBER PAID CONTRIBUTIONS — IRC 414(H)(2) WHEREAS, the governing body of the City of Poway has the authority to implement the provisions of section 414(h)(2) of the Internal Revenue Code (IRC); and WHEREAS, the City of Poway 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 Poway as follows: That the City of Poway will implement the provisions of section 414(h)(2) Internal Revenue Code by making the 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. 11. That the contributions made by the City of Poway to the California Public Employees' Retirement System, although designated as employee contributions, are being paid by the City of Poway in lieu of contributions by the employees who are members of the California Public Employees' Retirement System. 111. That employees shall not have the option of choosing to receive the contributed amounts directly instead of having them paid by the City of Poway to the California Public Employees' Retirement System. IV. That the City of Poway 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. Resolution No. 11 -039 Page 2 V. That the amount of the contributions designated as employee contributions and paid by the City of Poway 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.). VI. That the contributions designated as employee contributions made by the City of Poway 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. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 5th day of July, 2011. ATTE Li A. royan, MMC, City Clerk STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO) mai.. I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 11 -039 was duly adopted by the City Council at a meeting of said City Council held on the 5th day of July, 2011, and that it was so adopted by the following vote: AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: NONE Li a A. royan, MMC, City Clerk ity of Floway