HomeMy WebLinkAbout2007-204 Council ResolutionCouncil 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.
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CONSENT AGENDA ITEM 1
STAFF ORIGINATOR: Al Rolek
MEETING DATE: December 10, 2007
TOPIC:
Resolution 07- , Resolution Amending the City of
Lino Lakes Flexible Spending Accounts Plan (the
"Plan')
VOTE REQUIRED: Simple Majority (3/5 Vote)
BACKGROUND:
It is recommended that the city's Flexible Spending Accounts Plan be amended
to incorporate any changes that may have occurred. The last plan document
was updated in 2006.
The following resolution incorporates one change to the current plan document.
It is:
• The Plan shall make available to Eligible Employees the health
savings account (HSA) benefit on a pre -tax basis
OPTIONS:
1. Approve Resolution 07- .
2. Return to Staff for further review.
2. Deny Resolution 07-
RECOMMENDATION:
Option 1.
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PLAN AMENDMENT TO THE
City of Lino Lakes
Flexible Benefit Plan
Pursuant to the authority retained by the Employer under Section 8.1 of the Flexible
Benefit Plan (the "Plan"), the Plan is hereby amended as follows:
Effective January 1, 2008:
• the provisions of the Plan referencing the
Section 1.2 Purpose. The purpose of the Plan is to increase the social insurance
protection of Eligible Employees by making available to those employees different combinations
of accident and health care benefits, dental care benefits, health care reimbursement benefits,
dependent care reimbursement benefits, Health Savings Account (HSA) benefits, and direct
compensation. The Plan is intended to comply with the provisions of Sections 79, 104, 105, 125,
129, and 223 of the Internal Revenue Code of 1986, as amended, and the regulations thereunder.
Section 2.1 Definitions
(k) "Health Savings Account" or "HSA" means a health savings
account established under Code Section 223. Such arrangements are individual
trusts or custodial accounts, each separately established and maintained by an
Employee with a qualified trustee or custodian.
(1) "High Deductible Health Plan" or "HDHP" means, generally, a
health insurance plan established by the Employer with an annual deductible of
not less than $1,000 for self -only coverage and twice that amount for family
coverage, as indexed for cost -of- living adjustments. The definition of HDHP
shall be consistent with Section 223(c)(2) of the Code.
Section 4.3 Employer Contributions. In its discretion, the Employer may make
contributions to the Plan on behalf of the Participants. Any such contributions shall be made at
such rates and subject to such conditions as are established and applied on a uniform basis by the
Employer. Such contributions shall be contributed on such date or dates during the Plan Year as
the Employer determines in its sole discretion. Employer contributions shall be made only on
behalf of Participants who are currently employed by the Employer on the date that the
contribution is made. Employer contributions shall be automatically applied to pay the
Participant's cost of any benefits elected by the Participant. Employer Contributions that are
intended for a Participant's HSA may only be contributed by the Participant to the HSA. They
may not be allocated towards other benefits under the Plan. Participants shall be informed prior
to the commencement of each Plan Year of the amount, if any, of such employer contributions to
be made during the Plan Year.
Section 4.5 Revocation or Changes in Benefit Elections. A Participant's benefit
election for any Plan Year shall be irrevocable during the Plan Year, except that (a) the Employer
may limit or reduce a Participant's contributions allocable to certain benefits in accordance with
Section 4.9, and (b) if there is a Status Change, a Participant shall be entitled to change the
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Participant's election of benefits on a prospective basis in a manner that is consistent with the
Status Change; (c) as further described in Section 4.6, an election to contribute to an HSA may
be changed at any time on a prospective basis.
Notwithstanding the foregoing, a Participant may switch from Limited - Purpose Health Care
Reimbursement Coverage to General - Purpose Health Care Reimbursement Coverage at any time
during a Period of Coverage up to and including the last day of the Plan Year; provided, that a
Participant may not make a corresponding Election Change to increase or decrease Pretax
Contributions for Health Care Reimbursement Coverage, unless the Election Change is
consistent with a Change in Status. If a Participant changes from Limited - Purpose Health Care
Reimbursement Coverage to General - Purpose Health Care Reimbursement Coverage, his or her
Pretax Contributions and reimbursements under the Limited - Purpose plan shall be taken into
account in determining the amount of coverage available under the General - Purpose plan for the
balance of the Plan Year. Medical Care expenses incurred prior to the date that a Participant
changes from the Limited - Purpose plan to the General - Purpose plan, but not previously
reimbursed, shall be payable from the General- Purpose plan (if sufficient coverage remains in the
Limited Purpose plan at the time of reimbursement), and a corresponding reduction shall be
made to the coverage available under the General Purpose plan.
Section 4.6 Election Change for HSA Benefits. A Participant who has enrolled in
the HDHP and is an eligible individual under Section 223(c)(1) of the Code may start or stop an
election to contribute to an HSA, or increase or decrease the amount of the election, as long as
the change is effective in the following month. Rules that govern election changes following a
"Change in Status" or a "change in Cost or Coverage" do not apply to Employer contributions or
Pretax Contribution to HSAs.
5.2.2 Health Care Reimbursement Coverage. A Participant may elect to
receive health care reimbursement coverage under one of two separate plans:
(1) a plan for General - Purpose Health Care Reimbursement Coverage, or (2) a
plan for Limited - Purpose Health Care Reimbursement Coverage. General -
Purpose Health Care Reimbursement Coverage shall be available to Participants
who do not intend to contribute to an HSA and are not "eligible individuals"
under Section 223(c)(1) of the Code. Limited - Purpose Health Care
Reimbursement Coverage shall be available to Participants who have elected
coverage under the HDHP and intend to contribute to an HSA. Limited - Purpose
Health Care Reimbursement Coverage shall also be available to Participants
whose spouses are covered under an HDHP of another employer, so that those
spouses remain eligible to contribute to an HSA. Both General - Purpose and
Limited Purpose Health Care Reimbursement Coverage plans are governed by
the terms and conditions of this paragraph 5.2.2.
(a) Maximum Coverage Amounts. Participants
receiving General Purpose Health Care Reimbursement
Coverage may elect to receive medical reimbursement coverage
of up to a maximum coverage of Three Thousand Dollars
($3,000) per Plan Year. Participants receiving Limited - Purpose
Health Care Reimbursement Coverage may elect to receive
medical reimbursement coverage of up to a maximum coverage
of Three Thousand Dollars ($3,000) per Plan Year.
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(b) Health Care Reimbursement Charge. Prior to
the commencement of each Plan Year, the Employer shall
determine and communicate to Participants the annual rate of the
Health Care Reimbursement Charge for each dollar of health
care reimbursement coverage for the forthcoming Plan Year. A
Participant's Health Care Reimbursement Charge shall be
payable from the Participant's available Employer Contributions
or Pretax Contributions on a monthly or other periodic basis
during the Plan Year as determined by the Employer and
communicated to Participants.
(c) Health Care Reimbursement Benefits. Subject
to limitations contained in other provisions of this Plan, a
Participant receiving General- Purpose Health Care
Reimbursement Coverage who incurs expenses for Medical Care
attributable to the Participant or the Participant's spouse or
Dependents during the Participant's Period of Coverage for a
Plan Year shall be entitled to receive from the Employer full
reimbursement for the entire amount of such expenses to the
extent of the maximum amount of coverage elected by the
Participant for that Plan Year. A Participant receiving Limited -
Purpose Health Care Reimbursement Coverage who incurs
expenses attributable to the Participant or the Participant's
spouse or Dependents for [dental expenses, vision expenses,
preventative care expenses that fall within the safe harbor
described in IRS Notice 2004 -23, and Medical Care expenses
that are incurred after the HDHP deductible has been satisfied],
shall be entitled to receive from the Employer full
reimbursement for the entire amount of such expenses to the
extent of the maximum amount of coverage elected by the
Participant for that Plan Year. The Employer shall pay all such
expenses to the Participant upon the presentation of
documentation of such expenses in a form prescribed by the
Employer, which shall include satisfactory third party evidence
of the amount of the expense and the date(s) incurred. In
addition, upon presentation of a claim, a Participant shall
expressly represent that the item for which a claim is made is not
subject to reimbursement under any policy described in
paragraph 5.2.2(d) or from any other source. In its discretion,
the Employer may pay any of such expenses directly, in which
event it shall be relieved of all further responsibility with respect
to that particular expense. These expenses shall be paid
periodically during the Plan Year upon receipt during the prior
month of a claim complying with Plan requirements and totaling
at least Ten Dollars ($10), and by following the close of the
Plan Year upon receipt no later than of a claim (no minimum)
complying with Plan requirements.
(d) Limitations on Health Care Reimbursement Benefits.
Anything in the Plan to the contrary notwithstanding, no
Participant shall be entitled to benefits under this paragraph
5.2.2:
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(i) In the event and to the extent that, the
reimbursement or payment is covered under any
insurance policy or policies, whether paid for by
the Employer or the Participant, or under any
other health and accident plan by whomever
maintained. If there is such a policy or plan in
effect providing for reimbursement or payment,
in whole or in part, then to the extent of the
coverage under that policy or plan, the Plan
shall be relieved of any liability; or
(ii) To the extent that the expense has been
submitted for reimbursement from the
Participant's Dependent Care Reimbursement
Account or under any similar program or plan
maintained by some other person or entity.
Notwithstanding the foregoing, however, in the
event that an expense for Medical Care could be
reimbursed from either a Participant's Health
Care Reimbursement Coverage or a
Participant's HSA, the Participant's Health Care
Reimbursement Coverage shall pay first, until
such coverage is exhausted, unless the
Participant directs that the HSA pay first. In no
event may the same expense be reimbursed
under both Health Care Reimbursement
Coverage and an HSA.
(e) Unused Benefits. If following the final payment
of reimbursement benefits for eligible expenses incurred during
the Period of Coverage for any Plan Year, any amount remains
in a Participant's Health Care Reimbursement Account for that
Plan Year, such amount shall be returned to the Plan, and
Participant shall have no further claim to that amount.
(f) Separate Written Plan. For purposes of the
Code, paragraph 52.2 shall constitute a separate written plans
providing for the reimbursement of Medical Care expenses. To
the extent necessary, other provisions of the Plan are
incorporated by reference in paragraph 5.2.2.
5.2.8. HSA Benefits.
(a) Employee Pretax Contributions. A Participant who has enrolled
in the HDHP and is an eligible individual under Section 223(c)(1) of the Code
may elect to have a portion of his or her compensation forwarded by the
Employer to an HSA established with one or more designated trustees or
custodians (an "eligible HSA "). If a Participant elects to contribute to an eligible
HSA, the employee's cash compensation will be reduced, and an amount equal
to the reduction will be forwarded to the employee's HSA.
(b) Employer contributions. The Employer may contribute directly
to the HSA of a Participant, outside of the Plan; subject to the comparability
rules under Code section 4980G. In the alternative, the Employer may
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contribute an amount through the Plan that is intended for the HSA of a
Participant, without regard to the comparability rules, and the Participant may
choose between the HSA contribution and taxable cash compensation. The
Employer reserves the right to change the amount or timing of contributions at
any time, and from time to time, whether made to the Plan or directly to the
Participant's HSA.
(c) Limitation on Employer Involvement. The terms of individual
HSAs will be governed by an agreement between employees and a trustee or
custodian. The Employer will not impose conditions on the use of HSA funds,
restrict the ability of employees to move HSA funds to other HSA providers
make or influence investment decisions with respect to funds contributed to an
HSA, or receive any payment or compensation in connection with an HSA. The
Employer may limit the forwarding of payroll contributions to designated HSA
trustees or custodians. However, the employer does endorse any particular HSA
provider, and has no authority or control over funds deposited in an HSA.
(d) Contribution Limitations. In no event shall Participant Pretax
Contributions to an HSA, when combined with Employer contributions to the
HSA, exceed,
(i) the statutory maximum amount for
HSA contributions applicable to the
Participant's HDHP coverage option (i.e.,
single or family) for the calendar year in which
the Contribution is made, as adjusted each year
for cost -of- living increases ($2,900 for single
and $5,800 for family in 2008
If you elect to be covered for an HSA eligible plan in a month other than January
you can choose to contribute the statutory maximum of that plan year. The
election will be based on coverage in the last month of the plan year, unless the
participants chooses not to continue on the HSA plan for the 12 subsequent
months following the last month of the year of the first year of eligibility. An
additional catch -up contribution ($800 for 2007, increasing by $100 each year
until it reaches $1,000 in 2009) may be made by Participants who are age 55 or
older.
City of Lino Lakes
City Council
By
Its
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