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REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2011 TITLE: ADOPT A RESOLUTION TO AMEND THE FLEXIBLE SPENDING PLAN AND THE CITY- SPONSORED EMPLOYEE GROUP BENEFIT POLICIES Lh- CITY MANA ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution to amend the Flexible Spending Plan and authorize the City Manager or his Designee to approve all amendments to City- sponsored employee group benefit policies and plan documents as needed and required by law, federal health care reform, and /or an adopted Memorandum of Understanding. DISCUSSION The City created a Flexible Benefits Plan effective January 1, 1990, to offer eligible employees an opportunity to forgo taxable income in exchange for paying for certain health care expenses, dependent care expenses, and premium expenses on a tax -free basis. The plan was renamed "The City of Santa Ana Flexible Spending Plan" effective January 1, 2001 and subsequently amended and restated effective August 1, 2007. In compliance with the provisions of the Affordable Care Act of 2010 (the umbrella title for the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act aka "health care reform "), the plan must be amended to provide health coverage for children through age 26 and prohibit the reimbursement of most over - the - counter drugs. The City has numerous group benefit policies pertaining to the provision of medical, dental, vision, life, long term disability and flexible spending plans for covered employees. These policies and their respective plan documents must be amended periodically in compliance with federal, state and /or local laws, rules and regulations such as the Affordable Care Act of 2010 and in response to negotiations. 55B -1