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HomeMy WebLinkAbout2507ORDINANCE NO. bre / AN ORDINANCE of the City of Kent, Washington taking advantage of opportunities extended by 26 USC Section 414(h) and Chapter 227, Laws of 1984 for deferral of federal income taxes upon employee contribu- tions to the Law Enforcement Officers and Firefighters Retirement System and the Washington Public Employees Retirement System; authorizing the making of the "employer's pick-up" (payment of the employee's contribu- tion and the making of a corresponding reduc- tion in wages or salaries); and adding a new section to the Kent City Code in connection therewith. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES (ORDAIN AS FOLLOWS: Section 1. The City hereby elects to extend to the members of the Law Enforcement Officers and Firefighters Retirement System and the Washington Public Employees Retirement System employed by the City the tax deferral benefits allowed under 26 USC Section 414(h) and Chapter 227, Laws of 1984 with respect to compensation for and after the pay period December 16 through December 31, 1984 and payable on January 4, 1985, and the City Administrator is authorized to notify the Director of the Department of Retirement Systems of the State of Washington as to the City's election and to explain the effects of this election to all members of the system employed by the City. In making this 'election, the City reserves the power to withdraw its exercise of this option as to each retirement system as contemplated by Section 3(2) of Chapter 227, Laws of 1984, in any later calendar year. Section 2. There is added to the Kent City Code Chapter 2.40, a new section, designated 2.40.500, as follows: 2.40.500. CONTRIBUTIONS TO LEOFF: PERS--ADJUSTMENT FOR FEDERAL INCOME TAX PURPOSES. To carry out the City's election to take advantage of the opportunities extended by 26 USC 414(h) and Chapter 227, Laws of 1984 for deferral of federal income taxes upon members' contributions to the Law Enforcement Officers and Firefighters Retirement System and the Washington Public Employees Retirement System, the City will pay those members' contributions under RCW 41.26.080(1) and 41.26.450 and RCW 41.40.330(1) and 41.40.650 respectively for and after the pay period commencing December 16 through December 31, 1984 and payable on January 4, 1985, and will reduce the members' wages or salary by the amount of the City's contribution so paid. The foregoing payment and wage/salary reduction is made under these conditions and limita- tions. A. This arrangement is made for purposes of federal income taxation. An employee's wages or salary for purposes of the Federal Insurance Contributions Act (social security tax), the City's salary and wage ordinances, and policies, and other purposes shall be computed as if the foregoing contribution and corresponding salary or wage reduction had not been made; and B. The City may withdraw its election to make such adjustments as contemplated by Section 3(2) of Chapter 227, Laws of 1984 and no affected member shall be entitled to continuance of the adjustment thereafter. Should the City revoke any employee benefit as a result of said election or other action consistent with this section, no affected employee shall be entitled there- after to receive such benefit as a matter of contractual right. Section 3. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and confirmed. Section 4. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. � SABELHOGAN, MAY R ATTEST: BETTY GRAY-/, DEPUTY TY CLERK - 2 - !APPROVED AS TO FORM: P.'STEPH9N DiJULIO, C7ITY ATTORNEY PASSED the c day of APPROVED the day of PUBLISHED the -day of 1984. �/1���� a L ��C�/ ► 1984. /'LFAL',,, 1984. I hereby certify that this is a true copy of Ordinance No. ► passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereor indicated. 1960-90 (SEAL) BETTY V, DEPU ' CITY CLERK =m