Common use of SERS PICKUP Clause in Contracts

SERS PICKUP. The EMPLOYER shall designate each employee's mandatory contributions to the State Employees Retirement System of Ohio as "picked up" by the EMPLOYER as contemplated by Internal Revenue Service Revenue Rulings 77-464 and 82-36, although they shall continue to be designated as employee contributions as permitted by Attorney General Opinion 82-097, in order that the amount of the employee's income reported by the BOARD as subject to Federal and Ohio income tax shall be the employee's total gross income reduced by the then-current percentage amount of the employee's mandatory State Employees Retirement System contribution which has been designated as "picked up" by the EMPLOYER, and that the amount designated as "picked up" by the EMPLOYER shall be included in computing final average earnings, provided that no employee's total earnings is increased by such "pick up", nor is the EMPLOYER's total contributions to the State employees Retirement System increased thereby. A. The pick up percentage shall apply uniformly to all members of the bargaining unit as a condition of employment. The pick up shall apply to all compensation thereafter. B. The parties agree that should the rules and regulations of the IRS, or retirement system change making this procedure unworkable, the parties agree to return, without penalty, to the former method of employee/employer contributions. C. Payment for sick leave, personal leave and severance, including unemployment and worker's compensation, shall be based on the employee's daily gross pay prior to reduction as basis (e.g., gross pay divided by the number of days scheduled to work). D. Such earnings reduction shall not result in any earnings which may be less than any minimum earnings required under State or Federal law. Should the reduction calculation result in an earning that is less than any minimum required under State or Federal law, a pro rata reduction shall result with the employee contributing that portion which falls below such minimum as may be required by State or Federal law. E. It is to be understood by the parties that it is the responsibility of each individual employee to make any necessary adjustments in any other tax sheltered annuities he or she has in order to be in compliance with IRS law and regulations. F. The EMPLOYER is not liable, nor will it be held responsible, for any related legal, IRS, SERS, or any other agencies' penalties or decisions concerning this plan, now or in the future. G. The ASSOCIATION, and its members, both severally and individually, agree to indemnify and hold the BOARD harmless against any and all claims and actions that shall arise out of or by reason of any action taken by the BOARD in compliance with the provisions of this Article.

SERS PICKUP. The EMPLOYER shall designate each employee's ’s mandatory contributions to the State Employees Retirement System of Ohio as "“picked up" ” by the EMPLOYER as contemplated by Internal Revenue Service Revenue Rulings 77-464 and 82-36, although they shall continue to be designated as employee contributions as permitted by Attorney General Opinion 82-097, in order that the amount of the employee's ’s income reported by the BOARD as subject to Federal and Ohio income tax shall be the employee's ’s total gross income reduced by the then-current percentage amount of the employee's ’s mandatory State Employees Retirement System contribution which has been designated as "“picked up" ” by the EMPLOYER, and that the amount designated as "“picked up" ” by the EMPLOYER shall be included in computing final average earnings, provided that no employee's ’s total earnings is increased by such "“pick up"”, nor is the EMPLOYER's ’s total contributions to the State employees Retirement System increased thereby. A. The pick up percentage shall apply uniformly to all members of the bargaining unit ASSOCIATION as a condition of employment. The pick up shall apply to all compensation thereafter. B. The parties agree that should the rules and regulations of the IRS, or retirement system change making this procedure unworkable, the parties agree to return, without penalty, to the former method of employee/employer contributions. C. Payment for sick leave, personal leave and severance, including unemployment and worker's ’s compensation, shall be based on the employee's ’s daily gross pay prior to reduction as basis (e.g., gross pay divided by the number of days scheduled to work). D. Such earnings reduction shall not result in any earnings which may be less than any minimum earnings required under State or Federal law. Should the reduction calculation result in an earning that is less than any minimum required under State or Federal law, a pro rata reduction shall result with the employee contributing that portion which falls below such minimum as may be required by State or Federal law. E. It is to be understood by the parties that it is the responsibility of each individual employee to make any necessary adjustments in any other tax sheltered annuities he or she has in order to be in compliance with IRS law and regulations. F. The EMPLOYER is not liable, nor will it be held responsible, for any related legal, IRS, SERS, or any other agencies' ’ penalties or decisions concerning this plan, now or in the future. G. The ASSOCIATION, and its members, both severally and individually, agree to indemnify and hold the BOARD harmless against any and all claims and actions that shall arise out of or by reason of any action taken by the BOARD in compliance with the provisions of this Article.

SERS PICKUP. The EMPLOYER shall designate each employee's ’s mandatory contributions to the State Employees Retirement System of Ohio as "“picked up" ” by the EMPLOYER as contemplated by Internal Revenue Service Revenue Rulings 77-464 and 82-36, although they shall continue to be designated as employee contributions as permitted by Attorney General Opinion 82-097, in order that the amount of the employee's ’s income reported by the BOARD as subject to Federal and Ohio income tax shall be the employee's ’s total gross income reduced by the then-current percentage amount of the employee's ’s mandatory State Employees Retirement System contribution which has been designated as "“picked up" ” by the EMPLOYER, and that the amount designated as "“picked up" ” by the EMPLOYER shall be included in computing final average earnings, provided that no employee's ’s total earnings is increased by such "“pick up"”, nor is the EMPLOYER's ’s total contributions to the State employees Retirement System increased thereby. A. The pick up percentage shall apply uniformly to all members of the bargaining unit ASSOCIATION as a condition of employment. The pick up shall apply to all compensation thereafter. B. The parties agree that should the rules and regulations of the IRS, or retirement system change making this procedure unworkable, the parties agree to return, without penalty, to the former method of employee/employer contributions. C. Payment for sick leave, personal leave and severance, including unemployment and worker's ’s compensation, shall be based on the employee's ’s daily gross pay prior to reduction as basis (e.g., gross pay divided by the number of days scheduled to work). D. Such earnings reduction shall not result in any earnings which may be less than any minimum earnings required under State or Federal law. Should the reduction calculation result in an earning that is less than any minimum required under State or Federal law, a pro rata reduction shall result with the employee contributing that portion which falls below such minimum as may be required by State or Federal law. E. It is to be understood by the parties that it is the responsibility of each individual employee to make any necessary adjustments in any other tax sheltered annuities he or she has in order to be in compliance with IRS law and regulations. F. The EMPLOYER is not liable, nor will it be held responsible, for any related legal, IRS, SERS, or any other agencies' ’ penalties or decisions concerning this plan, now or in the future. G. The ASSOCIATION, and its members, both severally and individually, agree to indemnify and hold the BOARD harmless against any and all claims and actions that shall arise out of or by reason of any action taken by the BOARD in compliance with the provisions of this Article. A2.16 ASSOCIATION members are eligible to participate in an I.R.S. approved Code 125 Flexible Benefit (Cafeteria) Plan for their use on a payroll deduction basis. It is desired that this plan would include the benefits of pre-taxing employee costs for: all legally eligible insurance premiums under the provisions of Section 106 of the I.R.S. Code; unreimbursed medical expenses under the provisions of Section 105 of the I.R.S. Code; and dependent care costs (child or parent) under the provisions of Section 129 of the I.R.S. Code. The plan will be implemented and maintained at no cost to either the School Board or the employees now or in the future. The parties have been provided information by American Family Life Assurance Company of Columbus (AFLAC) that both the set-up and ongoing administration of the 125 Plan, as well as the availability of supplemental health insurance benefits on a pre-tax basis, could and would be done by them at no cost. We request, therefore, that the School Board contract, on behalf of all Dayton City School employees represented by OAPSE, with AFLAC to implement a 125 Plan as described above. It is agreed that during the annual open enrollment period established for the 125 Plan that adequate time be allowed for on-site explanation of the 125 Plan, and all available benefits by the delegated 125 Plan administrator (AFLAC representative) on an individual employee basis. It is expected that this would also have to be accomplished on a non-interference-with-work basis.