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R-338 - 12/14/1982 - BOARD - Resolutions mr ------ BeAR03 • W R-138 • F'u` . r9SXt.er� 'HOC wrio.nl RESOLUTION NO. R- 338 A RESOLUTION AUTHORIZING THE VILLAGE OF OAK BROOK TO PICK UP EMPLOYEE CONTRIBUTIONS RE$UIRED BY THE ILLINOIS PENSION CODE FOR THE POLICEMEN'S PENSION FUND AND THE FIREMEN'S PENSION FUND WHEREAS, certain amendments to the Illinois Pension Code made pursuant to Public Act 81-1536 authorize an employer such as the Village of Oak Brook to pick up contributions required for the Police- men's Pension Fund and Firemen's Pension Fund; and WHEREAS, said enactment, codified respectively as Sections 3-125.1 and 4-124.1 of the Illinois Pension Code further provide that such contribu- tions picked up shall be treated as employer contributions for tax purposes under the Internal Revenue Code, Section 414 (h); and WHEREAS, the Policemen's Pension Fund and the Firemen's Pension Fund have requested that the Village implement and authorize the employer pick up program authorized pursuant to Sections 3-125.1 and 4-124.1 respectively of the Illinois Pension Code; and WHEREAS, the Village has requested a ruling from the Internal Revenue Service that these picked up contributions shall not be included as gross income of the policemen and firemen until such time as they are distributed or made available pursuant to Section 414 (h) of the United States Internal Revenue Code; NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows: Section 1: That in accordance with Section 3-125.1 of the Illinois Pension Code, Chapter 1081 of the Illinois Revised Statutes, the Village of Oak Brook will pick up employee contributions paid to the Policemen's Pension Fund. Section 2: That in accordance with Section 4-124.1 of the Illinois Pension Code, Chapter 1081 of the Illinois Revised Statutes, the Village of Oak Brook will pick up employee contributions paid to the Firemen's Pension Fund. Section 3: That pursuant to the Illinois Pension Code the Village shall continue to withhold federal and state income tax based upon these contributions until the Internal Revenue Service or the federal courts rule that pursuant to Section 414 (h) of the United States Internal Revenue Code that these contributions shall not be included as gross income of the policemen and firemen involved until such time as they are distributed or made available. • BE IT FURTHER RESOLVED, that upon receipt of a favorable ruling in regard to Section 414 (h) from the Internal Revenue Service by the Village, the Village will as soon as practicable exclude these pension contributions from the gross pay of the policemen and firemen involved and will withhold federal and state income taxes on the gross pay less the said contributions. BE IT FURTHER RESOLVED, that this pick up of contributions authorized pursuant to this resolution shall apply to all policemen and firemen that are now or hereafter members of the Policemen's Pension Fund or Firemen's Pension Fund, respectively, of the Village of Oak Brook. 0 4110 .,, R--33s, , Resolution R- 31g Authorizing Pick Up of Employee ii Contributions required by the Illinois Pension Code for Policemen' and Firemen's Pension Fund Page 2 PASSED AND APPROVED this V11-1 day of sAA , 1382 by the President and Board of Trustees of the Village of Oak rook, Du Page and Cook Counties, Illinois according to a roll call vote as follows: AYES: Trustee Congreve, Lurie, Listecki Phili., Rush, Watson, Jr. NAYS: None ABSENT: None A/17 ATTEST: 4 L ,.