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HomeMy WebLinkAboutReso 78-1994 RESOLUTION NO. 78-94 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION EXTENDING THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND AFSCME, LOCAL 1569 AFL-CIO AND AUTHORIZING IMPLEMENTATION OF TAX BENEFIT IRC SECTION 414(h) (2) 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 AFSCME - Local 1569 have agreed to adopt the tax benefit afforded by Internal Revenue Code 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 City has agreed to provide it to the AFSCME - Local 1569 and, therefore, the tax benefit offered by Section 414(h) (2) IRC should be provided to its AFSCME - Local 1569 employees who are members of the Public Employees Retirement System. WHEREAS, the City of South San Francisco and AFSCME - Local 1569 have agreed that the seven percent (7%) PERS contribution currently made on behalf of full-time employees will be shown as part of the employee's base salary and the employee will then pay the seven percent (7%) percent amount to PERS; and WHEREAS, the City of South San Francisco and AFSCME - Local 1569 have further agreed that the current contract will remain in full force until December 31, 1994 and will only be modified as set forth in the MOU adopted herein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that: 1. The MOU between the City of South San Francisco and AFSCME - Local 1569, a copy of which attached hereto as Exhibit A and incorporated herein, is adopted and approved. I hereby certify that the foregoing Resolution was regularly introduced and adopted 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 TeQlia, Robert Yee and Mayor Joseph A. Fernekes None None None Pcrs.AFS 2 PROPOSAL FOR AMENDED MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SOUTH SAN FRANCISCO AFSCME LOCAL 1569 AFL-CIO This is to confirm the understanding reached with respect to the MOU between the City of South San Francisco and AFSCME Local 1569 AFL-CIO covering the period July 1, 1993 - June 30, 1994. It is agreed that the MOU is extended for a period of six (6) months beginning on July 1, 1994 and continuing through December 31, 1994. Ail terms and conditions of the MOU shall continue in full until December 31, 1994 without change except for the following: Eliminate Section 3 Retirement Benefits (I) C and D. Insert the following new Section 3 (I) C to read: C. IRS Tax Exemption for Full-Time Employees Only: The City shall obtain a 414(h) (2) Tax Exemption from the Internal Revenue Service granting a deferral from federal withholding taxes of that portion of the employees contribution to PERS being paid by the City prior to the adoption of this MOU. The exemption will be obtained for all full-time employees in the bargaining unit. The seven percent (7%) employee PERS contribution previously paid by the City, shall be paid to the bargaining unit employee who shall then pay that amount to PERS. For the purposes of calculating base salary at retirement, employee shall have an increased base salary that will include the total seven pe~ent (7%) contribution to PERS. Attached hereto as _E~bit A and incorporated herein is a listing of exampl~s~ the application of IRC 414(h) (2). ~'~ Insert the following new Section 3 (I) D to read~-~i~:~:il D. IRS Tax Exemption for Part-Time Recrular/Gran~i Funded Regular Employees Only: The City shall obtain a 414(h) (2) tax exemption from the Internal Revenue Service granting a deferral from federal withholding taxes of that portion of the employee's contribution to PERS. FOR THE CITY FOR THE, ~-*~UNION* ~ { ,