HomeMy WebLinkAboutRES 2008-33 - Board TRUCKEE
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Resolution No. 2008 - 33
Ca1PERS RESOLUTION FOR EMPLOYER PICK-UP
WHEREAS, the Board of Directors of the Truckee Donner Public Utility District 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 its resolution re section 414(h)(2) IRC on September 18, 1985; and
WHEREAS, the Internal Revenue Service has stated in December 1985, that the
implementation of the provisions of section 414(h)(2) IRC pursuant to the Resolution of the
Board of Administration would satisfy the legal requirements of section 414(h)(2) IRC; and
WHEREAS, the Truckee Donner Public Utility District has determined that even though the
implementation of the provisions of section 414(h)(2) IRC should be provided to its
employees who are members of the Public Employees' Retirement System.
NOW, THEREFORE, BE IT RESOLVED:
I. That the Truckee Donner Public Utility District 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 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 Truckee Donner Public Utility District to the Public
Employees' Retirement System, although designated as employee contributions, are
being paid by the Truckee Donner Public Utility District in lieu of contributions by the
employees who are members of the Public Employees' Retirement System.
III. That employees shall not have the option of choosing to receive the contributed
amounts directly instead of having them paid by the Truckee Donner Public Utility
District to the Public Employees' Retirement System.
IV. That the Truckee Donner Public Utility District 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.
Resolution 2008-33
V. That the amount of the contributions designated as employee contributions and paid by
the Truckee Donner Public Utility District 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 seg.).
VI. That the contributions designated as employee contributions made by Truckee Donner
Public Utility District 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.
PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility
District in a meeting duly called and held within said District on the 5th day of November
2008.
AYES: Directors Hemig, Sutton, Taylor and Thomason
NOES: None
ABSTAIN: None
ABSENT: Director Aguera
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
Tim F. Taylor, P e ' ent
A TEST:
Michael Holley, P.E. District er
Resolution 2008-33 2