12-20-2011 - Tax Deferral of Member Paid Contributions to California Public Employees' Retirement System• • City of West Covina
Memorandum
AGENDA
ITEM NO. 13
DATE: December 20, 2011
TO: Andrew G. Pasmant, City Manager
and City Council
FROM: Theresa St. Peter
Interim Human Resources Director'.
SUBJECT: TAX DEFERRAL OF MEMBER PAID CONTRIBUTIONS TO THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
RECOMMENDATION:
It is recommended that the City Council adopt the following resolution to tax defer member paid
contributions to the California Public Employees' Retirement System (CaIPERS):
RESOLUTION NO. 20 I l-5 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, TO TAX DEFER MEMBER
PAID CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM
DISCUSSION:
Section 414(h)(2) of the Internal Revenue Code provides that contributions designated as
employee contributions to Ca1PERS may be made on a pre-tax basis. Therefore, these
contributions are not taxed until benefits are paid in retirement or upon separation from
Ca1PERS. Otherwise, contributions to CalPERS designated as .employee contributions will be
immediately taxable to the employees., Ca1PERS_ requires that, a resolution be adopted by the
City of West Covina in order to participate in this benefit. This memoralizes the City's current
policy with regard to employee contributions to Ca1PERS for retirement purposes.
FISCAL IMPACT:
There is no fiscal impact as a result of adopting this Resolution.
Prepared by:
Theresa St. Peter
Interim Human Resources Director
Attachment: Resolution Approving the Tax Deferral of Member Paid Contributions to the
California Public Employees' Retirement System
Z: CC EPMC Reso IRC414(h)(2)
RESOLUTION NO.2011-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA,- , . CALIFORNIA; TO TAX. DEFER MEMBER, PAID
CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM IN ACCORDANCE WITH INTERNAL
REVENUE CODE SECTION 414(h)(2)
WHEREAS, the governing body of the City of West Covina has the authority to
implement the provisions of section 414(h)(2).-of the Internal Revenue Code (IRC); and
WHEREAS, the City of West Covina 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 in the following
recognized groups or classes of employment who are members of the California Public
Employees' Retirement System:
Confidential Employees' Association
Elected and Appointed Employees .
General Employees' Association
Maintenance & Crafts Employees' Association
Management Employees
Mid -Management Employees
Non -Sworn Safety Support Employees' Association
NOW, THEREFORE, the City Council of the City of West Covina does resolve;
determine and order as follows:
SECTION 1. That the City of West Covina will implement the provisions of section
414(h)(2) of the 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 who are members of the California Public "Employees'
Retirement System. "Employee contributions" shall mean those contributions to the Public
Employees' Retirement System that are deducted from the salary of employees and are credited
to individual employee's accounts pursuant to California Government Code section 20691.
• Contribution amounts for each of the above groups or classes for all employees
hired after. January 1.2011, is 7%
• Contribution amounts for each of the above groups or classes are as follows for all
current employees employed by the City of West Covina prior to January 1, 2011:
Confidential Employees' Association — 8%
Elected and Appointed Employees — 8%
General Employees' Association — 8%
Management Employees — 8%
Mid -Management Employees' Association — 8%
Maintenance &Crafts Employees' Association - 6%
Non -Sworn Safety Support Employees' Association — 6%
• Effective January 7, 2012, contribution amounts for employees in the Non -Sworn
Safety Employees'' Association and the Maintenance & Crafts Employees'
Association will increase to 8%
SECTION 2. That the contributions made by the City of West Covina to the California
Public Employees' Retirement System, although designated as employee contributions, are being
paid by the City of West Covina in lieu of contributions by the employees who are members of
the California Public Employees' Retirement System.
SECTION 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 West Covina to the
California Public Employees' Retirement System.
SECTION 4. That the City of West Covina 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.
SECTION 5. That the amount of the contributions designated as employee contributions
and paid by the City of West Covina 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.).
SECTION 6. That the contributions designated as employee contributions made by the
City of West Covina 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.
APPROVED AND ADOPTED on this 20th day of December 2011.
Mayor Michael Touhey
ATTEST:
City Clerk Laurie Carrico
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify
that the foregoing resolution was duly adopted by the City Council of the City of West Covina,
California, at a regular meeting held thereof on the 20th day of December, 2011 by the following
vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk Laurie Carrico
APPROVED AS TO FORM:
City Attorney Arnold Alvarez-Glasman