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HomeMy WebLinkAboutReso 76-1994RESOLUTION NO. 76-94 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION IMPLEMENTING A TAX BENEFIT OFFERED BY SECTION 414(h)(2) OF THE INTERNAL REVENUE CODE (IRC) FOR MANAGEMENT AND CONFIDENTIAL EMPLOYEES WHEREAS, the City of South San Francisco 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 regarding Section 414(h) (2) IRC on September 18, 1985; and WHEREAS, the Internal Revenue Service has stated on December 6, 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 City of South San Francisco and the Management and Confidential Group have agreed in the Compensation Program dated July 1, 1993 to adopt the tax benefit afforded by Internal Revenue Code Section 414(h) (2) (hereinafter referred to as "the Section 414(h) (2))". WHEREAS, the City of South San Francisco 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 its Management and Confidential Group employees who are members of the Public Employees' Retirement System. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that: 1. The Section 414(h) (2) tax exemption as outlined in the Compensation Program between the City of South San Francisco and the Management and Confidential Group is hereby adopted and approved. The implementation of this is as stated in Exhibit A. I hereby certify that the foregoing Resolution was regularly introduced and adopte~ by the City Council of the City of South San Francisco at a re§u/ar meeting held on the 22nd day of June , 1994 by the following vote. AYES: NOES: ABSTAIN: ABSENT: Councilmembers Jack Draqo, John R. Penna, Roberta Cerri Teglia, Robert Yee and Mayor Joseph A. Fernekes None None None Ci y Clerk Pcra.Mgt RESOLUTION NO. 76-94 EXHIBIT A Examples of the Application of IRC 414(h) To explain how the 414(h) (2) will work the following are two (2) different examples. Management and Confidential Employee: A management employee makes $3,000 per month base salary. Under the prior contract, the City was responsible for paying 7% or $210.00 which was in addition to the $3,000 base salary. Under the 414(h) (2), the manager's base salary will now be $3,210. Of this, $210.00 (7%) will be paid to PERS from the $3,210. The full 7% will be tax exempt and this means the manager will pay taxes on $3,000, just like before. The tax exemption applies to all state and federal taxes except FiCA/Social Security. Under this scenario, the manager would pay an additional $1.34 per month for FICA/Social Security. Management and Confidential Personnel Who Have Converted A manager has converted his/her salary and is making $3,210 per month. The manager is currently paying state and federal taxes on $3,210 and is paying 7% or $210.00 towards PERS. Under 414(h) (2), the 7% or $210.00 is exempt from state and federal taxes and this means that the manager's tax is reduced by $210.00. The manager would now pay taxes on $3,000. 3