Ordinance 2015-01

AN EMERGENCY ORDINANCE
AMENDING CHAPTER 175 OF THE VILLAGE’S CODIFIED ORDINANCES RELATING
TO THE IMPOSITION OF MUNICIPAL INCOME TAX
AND SPECIFICALLY ADDING A DEFINITION FOR PENSION
AT CODIFIED ORDINANCE SECTION 175.03131.

WHEREAS, the Village’s Municipal Income Tax Code is set out at Chapter 175 and provides for the imposition of a municipal income tax; and

WHEREAS,   the Village is a member of the Regional Income Tax Agency (RITA); and

WHEREAS, the Village’s Finance Director and RITA have recommended that an amendment to the Village’s Municipal Income Tax Code be considered as a result of the recent passage of HB 5 and the decision in the case of MacDonald v. Shaker Heights Income Tax Board of Review, 2014-Ohio-708 (10th District, February 27, 2014); and

WHEREAS, the Village’s Finance Director and RITA have recommended that a specific definition of “Pension” be added to the Village’s Ordinance; and

WHEREAS, it is the desire of Council to adopt such amendment as recommended by its Finance Director and RITA.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF MAYFIELD VILLAGE, OHIO THAT:

SECTION 1.  New Codified Ordinance Section 175.03131, Pension, be added to Chapter 175 to read as set forth below:

175.03131 PENSION.

For purposes of this chapter, a pension is any amount paid to an employee or former employee that is reported to the recipient on an IRS Form 1099-R, or successor form.  Pension does NOT include deferred compensation, or amounts attributable to nonqualified deferred compensation plans, reported as FICA/Medicare wages on an IRS Form W-2, Wage and Tax Statement, or successor form.

SECTION 2.  That the rest and remainder of Chapter 175 not specifically amended herein shall remain in full force and effect.

SECTION 3.  The Clerk of Council is authorized and directed to forward a certified copy of this Ordinance to RITA and to the Codifier of Mayfield Village.

SECTION 4.  The Council finds and determines that all formal actions of this Council relating to the adoption of this Ordinance have been taken at open meetings of this Council; and that deliberations of this Council and of its committees, resulting in such formal action, took place in meetings open to the public, in compliance with all statutory requirements including the requirements of Section 121.22 of the Ohio Revised Code.

SECTION 5.   This Ordinance is hereby declared to be an emergency measure immediately necessary for the health, safety and welfare of the residents of Mayfield Village, Ohio.  It shall, therefore, take effect immediately upon the passage by the affirmative vote of not less than five (5) members elected to Council and approval by the Mayor or otherwise at the earliest time allowed by law.

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