The URL can be used to link to this page

Home My WebLink About2011-033 - Amending the Flexible Spending PlanRESOLUTION NO. 2011-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE FLEXIBLE SPENDING PLAN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. Effective January 1, 1990, the City of Santa Ana adopted its Flexible Benefits Plan (the "Plan"). The Plan's purpose is to offer eligible employees of the City a choice between cash and certain non-taxable statutory fringe benefits. The Plan is available to each current full-time employee and any new full-time employees. The Plan provides tax-free reimbursement of qualified health care expenses or dependent care assistance. B. The Plan provided that "[t]he City, at any time or from time to time, may amend any or all of the provisions of the Plan without the consent of any Employee or Participant." C. Effective January 1, 2001, the City of Santa Ana amended and restated the Plan, renaming it the "City of Santa Ana Flexible Spending Plan." The Plan continues 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." D. Effective August 1, 2007, the City of Santa Ana amended and restated the Plan, which is substantially similar to the 2001 Plan. Section 2: The City Council of the City of Santa Ana approves the following amendment to the Flexible Spending Plan: A. The amendments set forth in the document titled, "First Amendment to the Plan Document for the City of Santa Ana Flexible Spending Plan," attached to this Resolution. This amendment is in response to 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"). Section 3: The City Council of the City of Santa Ana hereby vests in the City Manager the authority to approve all current amendments, as well as all future amendments to the Flexible Spending Plan. Resolution No. 2011-033 Page 1 of 2 Section 4: The City Council certifies that the City of Santa Ana will comply with applicable Federal, State, and/or local laws, rules, and regulations. Section 5: This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Adopted this 6th day of June 2011 APPROVED AS TO FORM: City Attorney's Office By: Joe h St aka In im City Attorney YES: Councilmembers: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento (6) NOES: Councilmembers: None ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: Tinaiero (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2011-033 to be the original resolution adopted by the City Council of the City of Santa Ana on June 6, 2011. Date: Clerk of the Council City of Santa Ana Resolution No. 2011-033 Page 2 of 2 2010 HEALTH CARE REFORM PROVISIONS AMENDMENT ARTICLE I PREAMBLE Adoption and effective date of amendment. The Employer adopts this Amendment to the City of Santa Ana Flexible Spending Plan ("Plan") to reflect certain provisions of the Affordable Care Act of 2010 (the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act. The sponsor intends this Amendment as good faith compliance with the requirements of these provisions. This Amendment shall be effective on or after the date the Employer elects in Section 2.1 or 2.2 below. 1.2 Supersession of inconsistent provisions. This Amendment shall supersede the provisions of the Plan to the extent those provisions are inconsistent with the provisions of this Amendment. 1.3 Construction. Except as otherwise provided in this Amendment, any reference to "Section" in this Amendment refers only to sections within this Amendment, and is not a reference to the Plan. The Article and Section numbering in this Amendment is solely for purposes of this Amendment, and does not relate to any Plan article, section or other numbering designations. ARTICLE II ELECTIONS 2.1 Effective Date for Article III. The provisions of Article III, unless otherwise indicated are effective as of December 31, 2010. ARTICLE III MISCELLANEOUS PROVISIONS 3.1 Change in Reimbursement. Effective January 1, 2011, the Plan's definition of "Medical Expenses" under the Health Care Reimbursement Arrangement or Health Flexible Spending Account is amended by the addition of the following: Notwithstanding anything in the Plan to the contrary, a Participant may not be reimbursed for the cost of any medicine or drug that is not "prescribed" within the meaning of Code Section 106(f) or is not insulin. In addition, only medicine or drugs considered to be prescription drugs under Code Section 106(f) (not "over-the-counter" drugs obtained under prescription) shall be able to be purchased by debit and/or credit cards issued to be used in conjunction with the Plan. "over-the- countel" medicine or drugs, even with a prescription, cannot be purchased by debit and/or credit card. 3.? Dependent. The Plan's definition of "Dependent" is amended by the addition of the following: "Dependent" shall include any child of a Participant who is covered under an Insurance Contract, as defined in the Contract, jor under the Health Flexible Spending Account] as allowed by reason of the Affordable Care Act. Page 1 of 2 1212010 A Participant's "Child" includes his natural child, stepchild, foster child, adopted child, or a child placed with the Participant for adoption. An Employee's Child will be an eligible Dependent until reaching the limiting age of 26, without regard to student status, marital status, financial dependency or residency status with the Participant or any other person. When the child reaches the applicable limiting age, coverage will end at the end of the calendar year. The phrase "placed for adoption" refers to a child whom the Participant intends to adopt, whether or not the adoption has become final, who has not attained the age of 18 as of the date of such placement for adoption. The term "placed" means the assumption and retention by such Participant of a legal obligation for total or partial support of the child in anticipation of adoption of the child. The child must be available for adoption and the legal process must have commenced. 3.3 Dependent. The Plan's Change in Status provisions are amended by the addition of the following: Notwithstanding anything in this Section to the contrary, the gain of eligibility or change in eligibility of a child up to the end of the year in which a child attains age 26, as allowed under Code Sections 105(b) and 106 and IRS Notice 2010-38, shall qualify as a change in status. This amendment has been executed this l~ ~ day of ~ 2011 Name of E er: ity of Sa to Ana By: v `i Interim City Manager, Paul . M. Walters Page 2 of 2 12/2010 SUMMARY OF MATERIAL MODIFICATIONS for the City of Santa Ana Flexible Spending Plan I INTRODUCTION This is a Summary of Material Modifications regarding the City of Santa Ana Flexible Spending Plan ("Plan"), This is merely a summary of the most important changes to the Plan and information contained in the Summary Plan Description ("SPD") previously provided to you. It supplements and amends that SPD so you should retain a copy of this document with your copy of the SPD. If you have any questions, contact the Administrator. If there is any discrepancy between the terms of the Plan, as modified, and this Summary of Material Modifications, the provisions of the Plan will control. 11 SUMMARY OF CHANGES Medical expenses: Effective January 1, 2011, you may not request reimbursement of "over-the-counter" drugs unless the drug is insulin or the drug is prescribed for you for treatment of a medical condition. You cannot use debit and/or credit cards to purchase "over-the-counter" drugs, even with a prescription. Definition of "child": Effective January 1, 2011 you may be reimbursed for insurance coverage (or medical expenses] for any child until the end of the calendar year in which the child reaches age 26. A child is a natural child, stepchild, foster child, adopted child, or a child placed with you for adoption. If a child gains or regains eligibility due to these new rules, that qualifies as a change in status to change coverage. Page 1 of I l0/10 CERTIFICATE OF ADOPTING RESOLUTION The undersigned authorized representative of The City of Santa Ana hereby certifies that the following resolutions were duly adopted by Employer on December 31, 2010, and that such resolutions have not been modified or rescinded as of the date hereof; RESOLVED, that the Amendment to the City of Santa Ana Flexible Spending Plan (the Amendment) is hereby approved and adopted, and that an authorized representative of the Employer is hereby authorized and directed to execute and deliver to the Administrator of the Plan one or more counterparts of the amendment. The undersigned further certifies that attached hereto is a copy of the Amendment approved and adopted in the foregoing resolution. Date: 71~~~ I ~ Signed: ~~ Maria D. Huizar, Clerk of e Council sprint name/title] Page I of 1 12/2010