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92-02 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 92-02 Passed AN ORDINANCE AUTHORIZING THE CITY OF DUBLIN TO PICK UP THE STATUTORILY REQUIRED CONTRIBUTION TO THE PUBLIC EMPLOYEES RETIREMENT SYSTEM OF OHIO FOR THE CITY MANAGER OF THE CITY OF DUBLIN PURSUANT TO 42 U.S.C.A. §414(h)(2), AND DECLARING AN EMERGENCY 20 WHEREAS, pursuant to federal and state law, the employees of the City of Dublin could defer the federal and state income taxes on a portion of their wages or salaries should the City of Dublin "pick up" (assume and pay) the statutorily required contributions by such elected officials and covered employees to the Public Employees Retirement System of Ohio; and WHEREAS, the City of Dublin desires to "pick up" the statutorily required contributions of the Dublin City Manager; and NOW, TREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, of the elected members concurring as follows: Section 1. Effective August 5, 2002, one hundred percent (100%) of the statutorily required contributions to the Public Employees Retirement System of Ohio shall be "picked up," as a fringe benefit, by the City of Dublin for each person within the class established in Section 2 herein. This "pick up" by the City of Dublin is, and shall be designated as public employee contributions and shall be in lieu of contributions to the Public Employees Retirement System of Ohio by each person within the class established in Section 2 herein. No person subject to the "pick up" shall have the option of choosing to receive the statutorily required contributions to the Public Employees Retirement System of Ohio directly instead of having it "picked up" by the City of Dublin or of being excluded from the "pick up." The City of Dublin shall, in reporting and making remittance to the Public Employees Retirement System of Ohio, report that the public employees' contribution for each person subject to the "pickup," as established in Section 2 herein, has been made as provided by the Ohio Revised Code. Section 2. The "pick up" by the City of Dublin provided by this Ordinance shall apply to all persons that are employed as the City Manager of the City of Dublin who are or become contributing members of the Public Employees Retirement System of Ohio. Section 3. Under the Fringe Benefit Method of Employer "pick up," salary is not modified. The City of Dublin shall pay one hundred percent (100%) of the statutorily required eight and one-half percent (8.5%) contribution to the Public Employees Retirement System of Ohio for each person within the class established in Section 2 herein. Section 4. The Director of Finance is hereby authorized and directed to implement the provisions of this Ordinance to institute the "pick up" of the statutorily required contributions to the Public Employees Retirement System of Ohio for those persons reflected in Section 2 herein in order to enable them to obtain the federal and state tax deferments and other benefits. Section 5. This ordinance is declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety or welfare, and for the further reason that Council desires to execute a contract with the City Manager which includes such pick-up of the statutorily required contributions to the Public Employees Retirement System of Ohio. Therefore, this ordinance shall take effect and be in force upon passage. Passed this , 2002. Mayor -Presiding Officer Att /.~ r, r ~~,~~~ Clerk of Council ~ ~,~ I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. ~, Cl of Council, Dublin, Ohio