§ 37.08 CONTRIBUTION TO PUBLIC EMPLOYEES RETIREMENT SYSTEM PICKED UP BY CITY.
   (A)   City Council shall designate all participating employees’ mandatory contribution to PERS as picked up by the city, although such contributions shall continue to be designated as employee contributions. The amount of the employee’s income reported by the city as subject to federal and state income tax shall be the employee’s total gross income, reduced by the then-current percentage amount of the employee’s mandatory retirement contribution; no employee’s total salary shall be increased by such pick up, nor shall the city’s total contribution to PERS be increased thereby.
   (B)   This pick up provision shall apply to both participating elected officials of the city, and to participating salaried and hourly employees of the city. An employee may not be given the option of choosing to receive the picked-up amounts directly instead of having them paid by the city to the Public Employees Retirement System of Ohio, and employee contributions must be paid by the city in lieu of contributions by the employee.
   (C)   In the event that a majority of the employees of the city do not desire this pick up plan, or if there is an adverse determination from the Internal Revenue Service affecting the qualifying status of this pick up plan, this pick up plan shall be null and void as if never enacted.
(‘74 Code, § 35.26) (Ord. 88-874, passed 12-20-88; Am. Ord. 89-904, passed 10-24-89)