035 of 2020 - Authorizing Pick Up of Public Safety and Firefighter Employee Retirement ContributionsRESOLUTION NO. 35 OF 2020
Authorizing Pick Up of Public Safety and Firefighter Employee Retirement Contributions
WHEREAS, Salt Lake City Corporation (the “City”) employs employees who are eligible
for and participate as members in the Public Safety and Firefighter Tier II Contributory Retirement
System administered by the Utah Retirement Systems;
WHEREAS, in accordance with federal and state law, including Section 414(h)(2) of 28
the Internal Revenue Code, employers may take formal action to pick up required employee
contributions, which will be paid by the employer in lieu of employee contributions;
WHEREAS, Utah Code subsection 49-23-401(1)(b) requires a participating employer that
picks up the required member contribution described in Utah Code subsection 49-23-301(2)(c) to
also make an equivalent additional nonelective contribution to qualifying employees who are
covered under the defined benefit contribution plan;
WHEREAS, the City desires to formally pick up a portion of the employee contributions
required to be paid under Utah Code subsection 49-23-301(2)(c), for all qualifying City employees
participating in the Public Safety and Firefighter Tier II Contributory 34 Retirement System; and
WHEREAS, the Mayor and City Council are duly authorized to take such action on behalf
of the City as a participating employer with the Utah Retirement Systems:
NOW THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah, as
follows:
1.Beginning November 28, 2020, the City shall prospectively pick up and pay required
employee contributions for all City employees who are qualifying members of the Public Safety
and Firefighter Tier II Contributory Retirement System, subject to a maximum of 2.27% of
compensation for each employee;
2.The picked up contributions paid by the employer, even though designated as employee
contributions for state law purposes, are being paid by the City in lieu of the required employee
contributions;
3. The picked up contributions will not be included in the gross income of the employees
for tax reporting purposes, that is, for federal or state income tax withholding taxes, until
distributed from the Utah Retirements Systems, so that the contributions are treated as employer
contributions pursuant to Section 414(h)(2) of the Internal 49 Revenue Code.
4. The picked up contributions are a supplement and not a salary reduction to the City
employees who are eligible for and participating members in the Public Safety and Firefighter Tier
II Contributory Retirement System.
R 20-1
R 20-15
5. From and after the date of this pick up, a City employee may not have a cash or deferred
election right with respect to the designated employee contributions, including that the employees
may not be permitted to opt out of the pick up and may not be entitled to any option of choosing
to receive the contributed amounts directly instead of having them paid by the City on behalf of
its employees to the Utah Retirement Systems.
6. Beginning November 28, 2020, the City shall also make an additional nonelective
contribution equivalent to the picked up employee contribution described in paragraph 1, likewise
subject to same maximum of 2.27% of an employee’s compensation, for each qualifying employee
who participates in the City’s defined contribution plan. This additional nonelective contribution
shall be subject to all laws and rules governing nonelective contributions to the City’s defined
contribution plan.
7. This Resolution shall be effective immediately upon passage.
Passed by the City Council of Salt Lake City, Utah this 20th day of October, 2020.
SALT LAKE CITY COUNCIL
_______________________________
Chris Wharton, Chair
ATTEST AND COUNTERSIGN:
______________________________
Cindy Lou Trishman, City Recorder
Approved as to form:
Salt Lake City Attorney’s Office
Date:___________________________
_______________________________
Jaysen Oldroyd, Senior City Attorney
Jaysen Oldroyd (Oct 30, 2020 16:40 MDT)
10/30/2020
Chris Wharton (Nov 9, 2020 18:47 MST)
Chris Wharton
Cindy Trishman (Nov 9, 2020 21:11 MST)
Resolution 35 of 2020 adopted 10-20-20
Final Audit Report 2020-11-10
Created:2020-10-30
By:Scott Crandall (scott.crandall@slcgov.com)
Status:Signed
Transaction ID:CBJCHBCAABAAGlmnNszLUZq2JI45-8cDCc1AzbOv9iEe
"Resolution 35 of 2020 adopted 10-20-20" History
Document created by Scott Crandall (scott.crandall@slcgov.com)
2020-10-30 - 10:34:07 PM GMT- IP address: 204.124.13.151
Document emailed to Jaysen Oldroyd (jaysen.oldroyd@slcgov.com) for signature
2020-10-30 - 10:37:28 PM GMT
Email viewed by Jaysen Oldroyd (jaysen.oldroyd@slcgov.com)
2020-10-30 - 10:40:17 PM GMT- IP address: 73.131.251.31
Document e-signed by Jaysen Oldroyd (jaysen.oldroyd@slcgov.com)
Signature Date: 2020-10-30 - 10:40:41 PM GMT - Time Source: server- IP address: 73.131.251.31
Document emailed to Chris Wharton (chris.wharton@slcgov.com) for signature
2020-10-30 - 10:40:42 PM GMT
Email viewed by Chris Wharton (chris.wharton@slcgov.com)
2020-11-10 - 1:47:07 AM GMT- IP address: 73.63.28.254
Document e-signed by Chris Wharton (chris.wharton@slcgov.com)
Signature Date: 2020-11-10 - 1:47:15 AM GMT - Time Source: server- IP address: 73.63.28.254
Document emailed to Cindy Trishman (cindy.trishman@slcgov.com) for signature
2020-11-10 - 1:47:16 AM GMT
Document e-signed by Cindy Trishman (cindy.trishman@slcgov.com)
Signature Date: 2020-11-10 - 4:11:37 AM GMT - Time Source: server- IP address: 204.124.13.222
Agreement completed.
2020-11-10 - 4:11:37 AM GMT