§ 22. Member Contributions; Tax Treatment.

(1)

Upon implementation, the City shall, solely for the purpose of compliance with Section 414(h) of the Internal Revenue Code, pick up, for the purposes specified in that section, member contributions required by the act for all salary earned by the member after implementation. Member contributions picked up under the provisions of this section shall be treated as City contributions for purposes of determining income tax obligations under the Internal Revenue Code; however, such picked-up member contributions shall be included in the determination of the member's gross annual salary for all other purposes under federal and state laws.

(2)

Members' contributions picked up under this section shall continue to be designated member contributions for all purposes of the act and shall be considered as part of the member's salary for purposes of determining the amount of the member's contribution. The provisions of this section are mandatory, and the member shall have no option concerning the pick up or to receive the contributed amounts directly instead of having them paid by the City to the pension fund.

(3)

Implementation occurs upon authorization by the Orlando Police Pension Board of Trustees following receipt of a favorable letter of determination as to the qualified plan status of the fund. In no event may implementation occur other than at the beginning of a pay period.

(Laws of Fla. ch. 95-482, § 22)