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1. Pre -Taxable Benefit. To the extent permitted by Ca1PERS and Internal <br />Revenue Service regulations, this nine percent (9%) employee contribution will be <br />implemented through payroll deduction on a pre-tax basis. <br />I. 2.7% (d). 57 Retirement Benefit for New Safety Members. The City agrees to <br />provide Executive Management (EM) employees covered by this Resolution who were <br />appointed to their classification on or after January 1, 2013, and who are defined as new <br />members under the California Public Employees' Pension Reform Act (PEPRA) of 2013 <br />(AB340), with the 2.7% @ 57 Service Retirement benefit. <br />J. Payment of 2.7% at 57 Service Retirement Benefit. Executive Management (EM) <br />employees defined in 6.1. (above) will contribute at least 50% of normal cost of the 2.7% <br />at 57 retirement benefit. <br />1. Pre -Taxable Benefit. To the extent permitted by CaIPERS and Internal <br />Revenue Service regulations, the City will make the above employee deductions pre-tax <br />contributions. <br />K. Final Compensation for Pension Calculation. Final compensation for Classic <br />Safety and Classic Miscellaneous Members will be based on the highest annual average <br />compensation earnable during the 12 consecutive months immediately preceding the <br />effective date of his or her retirement, or some other 12 consecutive month period <br />designated by the member. <br />Final compensation for Safety and Miscellaneous Members who are defined as New <br />Members under PEPRA will be based on the highest annual average compensation <br />earnable during the 36 consecutive months immediately preceding the effective date of <br />his or her retirement, or some other 36 consecutive month period designated by the <br />member. <br />L. Deferred Retirement for Classic Safety and Classic Miscellaneous Members as <br />defined in Section D and H (above). The City will continue to make payments to Ca1PERS <br />on behalf of each eligible affected employee in an amount necessary to pay one hundred <br />percent (100%) of each employee's member contribution and report it to Ca1PERS as <br />special compensation [Government Code §20636(C)(4)]. This contribution is known as <br />Employer Paid Member Contribution (EPMC), which is equal to eight percent (8%) of <br />reportable compensation for Classic Miscellaneous Members and nine percent (9%) for <br />Classic Safety Members. Such payments will be credited to the individual employee's <br />CalPERS account. <br />Such payments are not an increase in base salary and no salary rate range applicable to <br />any of the employees covered by this Resolution will be changed or deemed to have been <br />changed by reason thereof. As a result, the City will not treat these payments as ordinary <br />income and thus will not withhold federal or state income tax from said payments. The <br />City previously received a ruling from the Internal Revenue Service confirming that such <br />payments are deferred compensation and not ordinary income. In the event that the City <br />