1995-08110-Resolution No. 95-041 Recorded 3/9/199595-06110 j`" j
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTEb UUUNTX,
ACTING AS THE GOVERNING BODY OF THE BLACK BUTTE RANCH SERVIC9: DATRICT
A Resolution Excluding Employees' PERS
Contribution from Gross Income and
Declaring Employer Pick-up for Purposes
of IRC Section 414(h) and Providing an
Effective Date. * ��C�Vtl'V Yj tis
RESOLUTION NO. 95-041 cX
WHEREAS, the Black Butte Ranch Service District (District) is a
participant in the Public Employees Retirement System (PERS), and all
qualified District employees, as that term is used herein, are members
of PERS; and
WHEREAS, on November 8, 1994, the voters of the State of Oregon
approved Ballot Measure 8, which requires that members of PERS
contribute 6 percent of their salary or gross wage to PERS; and
WHEREAS, District employees have always made their 6 percent
contribution to PERS; and
WHEREAS, the District is required to adopt a policy to exclude
the employees' PERS contribution from gross income for federal income
tax purposes; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, ACTING AS THE GOVERNING BODY OF THE BLACK BUTTE RANCH
SERVICE DISTRICT, as follows:
Section 1. PERS Contribution as Excludable from Gross Income for
Federal Income Tax Purposes.
(1) Effective with the pay period commencing January 1, 1995,
the 6 percent PERS contribution withheld from each qualifying
employee's salary shall be paid to PERS by the District, in lieu of
payment to PERS by the employee; the employee shall have no options to
receive the contributed amount directly instead of having it paid by
the District to PERS.
(2) The salary earned as of January 1, 1995, and reported
thereafter on each qualifying employee's W-2 form for federal income
tax purposes shall be reduced by the amount of the employee's PERS
contribution.
(3) For the limited purpose of Internal Revenue Code, Section
414(h)(2), and related tax statutes, the employee's contribution to
PERS will be picked up by the District as a pre-tax contribution as
the term "picks up" is used in the Internal Revenue Code.
1 - RESOLUTION NO. 95-041 //:C: Or',LMEDBEY '_H111►t-r . ? , m 1995
0138-0651
Section 2. Definitions. For the purposes of this resolution,
the following definitions apply:
(1) "Qualifying employee" means any employee of the District who
has satisfactorily completed the employee's six-month probationary
period in a manner consistent with ORS 237.011 and who holds a
position requiring that the employee works in excess of 600 hours per
year.
(2) "Ballot Measure 8" means that measure proposed by initiative
petition to amend Article IX of the Oregon Constitution regarding
public employee pensions that appeared as Measure No. 8 on the General
Election ballot on November 8, 1994.
Section 3. Applicability.
(1) Except as set forth herein, this resolution applies to any
District employee who is a qualifying District employee on the date
the provisions of this resolution become applicable and to any
District employee not qualifying as of that date who later becomes a
qualifying employee, as that term is defined herein, at any time
thereafter, as of the date that such employee becomes a qualifying
employee.
(2) This resolution shall not apply to any State of Oregon
employee assigned to the District.
Section 4. Severability. If any provision of this resolution is
held invalid for any reason by a court or administrative body of
competent jurisdiction, the remaining provisions shall remain valid
and in full force and effect.
Section 5. Effective date. This resolution shall take effect
January 1, 1995.
DATED this 8 A day of
T:
cording Secr tary
2 - RESOLUTION NO. 95-041
�,), 2 , 'y' 1995.
BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON, ACTING AS
THE GOVERNING BODY OF THE BLACK
BUT RANCH SERVICE DISTRICT
//TV
BARRY H. SLAUGHTER, Chairman
3wP,E�SCHLANGEN, Commissio
L. NIPPER, 06famissioner