12-13-99 Council Meeting Minutes

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REGULAR MEETING DECEMBER 13, 1999 WHEREAS, in 1977 the State of Indiana established the 1977 Police Officers and Firefighters Pension and Disability Fund and all South Bend firefighters and police officers hired since that date participate in and are members of such 1977 fund in addition to some South Bend firefighters and police officers hired prior to 1977 who elected to convert to the 1977 fund; and WHEREAS, those South Bend firefighters hired before 1977 who did not convert to the 1977 Fund are members of the 1937 Firefighters'Pension Fund and those South Bend police officers hired before 1977 who did not convert to the 1977 fund are members of the 1925 Police Pension fund; and WHEREAS, Section 444(h)(2) of the Internal Revenue Code allows a municipality to pick up the mandatory contributions by 1977 Fund members, 1937 Fund members and 1925 Fund members. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: 1. Effective December 18, 1999, mandatory contributions to either the 1977 Fund, the 1937 Fund, or the 1925 Fund by the employees who are members of any of these funds, will not be included in the gross income for such employees, for reporting purposes (except the Medicare portion of FICA), that is for federal, state or local income tax, withholding taxes, until distributed from the 1977 Fund, the 1937 Fund, or the 1925 Fund. 2. Employees subject to this Resolution shall not have the option to receive the contributed amounts directly instead of having them paid by the City of South Bend to the 1977 Fund, the 1937 Fund or the 1925 Fund. 3. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Dated this 13th day of December, 1999. s /Sean Coleman Member of the Common Council Councilmember Kelly made a motion that the Council consider the substitute version of this bill which corrects the title. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Ms. Susan M. Wallace, Benefits Manager, Department of Administration and Finance, County -City Building, South Bend, Indiana, made the presentation for this Resolution. Ms. Wallace indicated that this Resolution will allow the City to pretax the fire and police funds for all publicly sworn officers. This provision was passed by the Indiana State Legislature and a lot of cities are doing it. This does not apply to non - bargaining or teamster employees. A Public Hearing was held on this Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Aranowski made a motion to adopt this Resolution. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2822 -99 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, COMMON COUNCIL REGARDING THE AMENDMENT OF THE LEASE WITH THE CITY OF SOUTH BEND BUILDING CORPORATION FOR THE RENOVATION AND EQUIPPING OF THE FORMER