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24 <br /> CITY OF ST. ANTHONY VILLAGE <br /> RESOLUTION 03-096 <br /> A RESOLUTION APPROVING AND ADOPTING CHANGE TO <br /> THE CITY OF ST. ANTHONY FLEXIBLE BENEFIT PLAN <br /> WHEREAS, the City of St. Anthony previously adopted the City of St. Anthony Flexible <br /> Benefit Plan("Plan") on January 1, 1991; and <br /> WHEREAS, the City provides employees with an opportunity to pay for certain employee <br /> benefits on a pre-tax basis through the above mentioned Plan (the"Plan"); and <br /> WHEREAS, the City of St. Anthony desires to amend and restate the Plan in the following <br /> manner: <br /> ➢ Effective November 1, 2003,the provisions of the Plan referencing the <br /> reimbursement procedures shall be amended to remove the following <br /> language: "Keep in mind that faxed claims receive priority over mailed <br /> claims.Faxed claims received Monday through Friday by 3:00 pm,CT, <br /> will be audited and entered that same day." <br /> ➢ Effective January 1, 2004, the provisions of the Plan reference the <br /> eligibility of certain health care expenses shall be amended to include <br /> over-the-counter drugs. This amendment to the Plan is intended to comply <br /> with Revenue Ruling 2003-102 issued September 3, 2003. <br /> ➢ Effective January 1, 2004, Acclaim Benefits will enact a reimbursement <br /> minimum. This minimum is subject to change at the discretion of the Plan <br /> and/or Acclaim Benefits. <br /> NOW, THEREFORE,BE IT RESOLVED, that the City of St. Anthony Flexible Benefit Plan be <br /> the same and is amended as restated. <br /> BE IT FURTHER RESOLVED,that the appropriate officers of the City are hereby authorized <br /> and directed to execute and deliver all documents necessary for the proper implementation of the <br /> Amendment to the Plan to ensure that the Amendments are hereby approved and in effect <br /> January 1, 2004. <br /> BE IT FURTHER RESOLVELD, that in the event any conflict arises between the provisions.of <br /> said Plan and the Employee Retirement Income Security Act of 1974 (ERISA) or any other <br /> applicable law or regulation(as such law or regulation may be interpreted or amended), the City <br /> shall resolve such conflict in a manner which complies with ERISA or such law or regulation. <br /> Adopted this day of , 2003. <br /> Mayor: <br /> ATTEST: <br /> City Clerk <br /> Reviewed for Administration: City Manager <br />