94-106 RESOLUTION NO. 94R- 106
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM
IMPLEMENTING THE "EMPLOYER PICK UP" PROVISIONS OF
SECTION 414(h)(2) OF THE INTERNAL REVENUE CODE
WHEREAS, the City Council of the City of Anaheim 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 Employees' Retirement
System adopted a Resolution regarding IRC Section 414(h)(2) on September 18, 1985; and
WHEREAS, the Internal Revenue Service has stated on December 6, 1985 that the
implementation of IRC Section 414(h)(2) pursuant to the Resolution of the Board of
Administration of the Public Employee's Retirement System would satisfy the legal
requirements of IRC Section 414(h)(2); and
WHEREAS, the City Council of the City of Anaheim has determined that even
though the implementation of the provisions of IRC Section 414(h)(2) is not required by
law, the tax benefit offered by IRC Section 414(h)(2) should be provided to its employees
who are members of the Public Employees' Retirement System.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Anaheim will implement the provisions of IRC Section 414(h)(2) by making employee
contributions pursuant to California Government Code Section 20615 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 employees' accounts pursuant to California
Government Code Section 20615.
BE IT FURTHER RESOLVED that the contributions made by the City of Anaheim
to the Public Employees' Retirement System, although designated as employee
contributions, are being paid by the City of Anaheim in lieu of contributions by the
employees who are members of the Public Employees' Retirement System.
BE IT FURTHER RESOLVED that employees shall not have the option of
choosing to receive the contributed amounts directly instead of having them paid by the City
of Anaheim to the Public Employees' Retirement System.
BE IT FURTHER RESOLVED that the City of Anaheim 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.
BE IT FURTHER RESOLVED that the amount of the contributions designated as
employee contributions and paid by the City of Anaheim 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.).
BE IT FURTHER RESOLVED that the contributions designated as employee
contributions made by the City of Anaheim 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.
BE IT FURTHER RESOLVED that the effective date of this Resolution shall be
June 21,1994.
ATI'EST:
APPROVED AS TO FORM:
CITY ATTORNEY OF ~IE CrITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CiTY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution
No. 94R-106 was introduced and adopted at a regular meeting provided by law, of the Anaheim City
Council held on the 21st day of June, 1994, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution N~. 94R-106
on the 22nd day of June, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 22nd day of June, 1994.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original of Resolution No. 94R-106 was duly passed and adopted by the City Council of the City of
Anaheim on June 21, 1994.
CITY CLERK OF THE CITY OF ANAHEIM