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+~. _ _. ~ ORDINANCE N0.2015-01 INTRODUCED BY: Mayor Rinker and Council as a Whole 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 (10~' 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 HAYFIELD 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 nonaualified 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.