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R-08-37 RESOLUTION NO_ Ft.-08-37 Affirmat:ion of Aut:horizat:ion 'to Pick-up t:he Employee's Con-tribut:ion 'to VRS Cor City oC FairCax - 55316 Under ~ 414(h) oC the Internal Ft.cvcnue Code ",,"HEFt.EAS. the City of Fairfax provides its employees vvith tax deferral pursuant to ~ 414(h) or the Intemal Revenue Code V'V"ith respect to their member contributions to the Virginia Retirement: System (referred to as VRS) by picking up member contributions to VRS; a.nd ~IIEREAS, VRS keeps track of such picked up member contributions~ arld treats such contributions as employee contributions for all purposes ofVRS; VV"HEREAS., the Intemal Revenue Service in Notice 2006-43 has provided transition relief for existing pick up arrangements provided that an authorized person takes formal action to evidence the establishment of the pick-up arrangement no later tha.n January 1~ 2009. VVI-IEREAS, in order to avail itself of the protection given under Notice 2006-43,. the CITY OF FAIRFAX desires to affirm its intention to establish and maintain a pick-up arrangement through formal action by its goveming body. NO",,". THEREFORE. IT IS HEREB"Y RESOLVED that the existing member contribution pick-up arrangement is hereby affirmed as it relates to salary reduction elections in effect prior to the date of this Resolution~ and it is further BE IT FUFt.THEFt. RESOLVED that effective the first pay day on or after "Date affirmation is nassed'" ,. the City of Fairfax shall pick up member contributions of its employees to VRS~ and such contributions shall be treated as employer contributions in determining tax treatment under the Intemal Revenue Code of the United States; and it is further RESOL VED that such contributions,. although designated as member contributions,. are to be made by the City of Fairfax in lieu of member contributions; and it is further RESOLVED that pick up member contributions shall be paid from the Sa.rr:le source of funds as used in paying the vvages to affected employees; and it is further RESOLVED 'that member contributions made by the City of Fairfax under the pick up arrangement shall be treated for all purposes other than income taxation~ including but not limited to VRS benefits,. in the Sa.rr:le ma.:nrler and to the same extent as member contributions made prior to the pick up arrangement; and it is further RESOLVEI> that nothing herein shall be construed so as to permit or extend an option to VRS members to receive the pick up contributions made by the City of Fairfax directly instead of having them paid to VRS; and it is further RESOLVEI> that notvvithstanding any contractual or other provisions,. the contributions of each member ofVRS vvho is an employee of the City of Fairfax shall be picked up either through a reduction in the current salary of such employee or as a.n offset against future salary increases of such employee or as a combination of both at the option of the employer by the City of Fairfax on behalf of such employee pursuant to the foregoing resolutions. A~p'_ 'h'. 9 day o'Sep'emhe< 2008~~~ ayo --- ATTEST: ~ The vote on the motion to approve was recorded as follows: VOTE: Councilwoman Cross Aye Councilman Drummond Aye Councilman Greenfield Aye Councilman Meyer Aye Councilman Rasmussen Aye Councilman Stombres Aye