CC Resolution No. 12-064 Public Agency Retirement System for its Part Time, Seasonal and Temporary Employees RESOLUTION 12-064
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE PUBLIC AGENCY RETIREMENT SYSTEM AS THE
QUALIFYING RETIREMENT SYSTEM FOR ITS PART TME, SEASONAL AND
TEMPORARY EMPLOYEES
WHEREAS, it is determined to be in the best interests of the City and its employees to
provide a Qualifying Retirement System for its part time, seasonal and temporary employees not
currently eligible for such a Qualifying Retirement System, thereby meeting the requirement of
Section 11332 of the Omnibus Budget Reconciliation Act (OBRA 90) and Section 3121
(b)(7))F) of the Internal Revenue Code (IRC); and
WHEREAS, the Public Agency Retirement. System (PARS) has made such a system
available to the City and its eligible employees and qualifies under OBRA 90 Section 11332, IRC
Sections 3121(b)(7)(F) and 457(b), and meets the meaning of the term "retirement system" as
given by Section 218(b)(4) of the Federal Social S ecurity Act.
NOW THEREFORE, BE IT FURTHER RESOLVED that the City of Cupertino hereby
adopts the PARS Trust, including the PARS Section 457 FICA Alternative Retirement Plan,
effective June 4, 2012, the Effective Date for the benefit of employees on the date and hired
thereafter; and
WHEREAS, the City of Cupertino hereby appoints Carol Atwood, Director of Adminstrative
Services or her successor or designee as the City's Plan Administrator for the PARS Section 457
FICA Alternative Retirement Plan/Trust; and
WHEREAS, that the City's Plan Administrator is hereby authorized to implement the plan(s),
execute the PARS legal and administrative documents on behalf of the City and to take whatever
additional actions are necessary to maintain the City's participation in PARS and to maintain
PARS compliance of any relevant regulation issued or as may be issued; therefore, authorizing
him/her to take whatever additional actions are required to administer the City's PARS plan(s).
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this 4th day of June, 2012 by the following vote:
Vote Members of the City Council
AYES: Santoro, Mahoney, Chang, Sinks, Wong
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
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Grace Schmidt, City Clerk Mark Santoro, Mayor, City of Cupertino