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Council Member Carlson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07- Lo`-/ RESOLUTION AMENDING AND RESTATING THE CITY OF LINO LAKES FLEXIBLE SPENDING ACCOUNTS PLAN, (the "Plan ") WHEREAS, WHEREAS, the plan was adopted per Resolution No. 78 -90 with the effective date of January 1, 1991, and the plan was amended and restated per Resolution No. 95 -156 with an effective date of January 1, 1996, and again per Resolution No. 00 -119 with an effective date of January 1, 2001 and again per Resolution No. 03 -07 with an effective date of January 1, 2003, and again per Resolution No. 05 -181, WHEREAS, the City of Lino Lakes wishes to amend the plan document effective January 1, 2008, to include the following; •The Plan shall make available to Eligible Employees the health savings account (HSA) benefit on a pre -tax basis. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Lino Lakes that: 1. The City of Lino Lakes Flexible Spending Accounts Plan be amended and adopted in the form presented to the City council effective as of January 1, 2008. 2. That any authorized persons of the Employer are hereby authorized to make such contributions from the funds of the Employer as are necessary to carry out the provision of said plan at any time. 3. That in the event any conflict arises between the provisions of said Plan and the Employee Retirement Income Security Act of 1974 (ERISA) or any other applicable law or regulation (as such law or regulation may be interpreted or amended), the City shall resolve such conflict in a manner which complies with ERISA or such law or regulation. Adopted by the Lino Lakes City Council this 10th day of December 2007. Julie :: rtell, Cit Cler Adopt d by th,i Lino Lakes City Council this 10th day of December 2007. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Stoltz and upon a vote being taken thereon the following voted in favor thereof: Carlson, Stoltz, Reinert, O'Donnell, Bergeson The following voted against same: none Whereupon said resolution was declared duly passed and adopted.