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24 <br /> City of St. Anthony <br /> Resolution #04-075 <br /> The undersigned, Barb Suciu, serving as Secretary of the Board of Directors of St. Anthony, (the <br /> "Employer"), duly organized and existing under the laws of the State of Minnesota, does hereby <br /> certify that at a meeting of the Board of Directors, held on the 14`h day of December, 2004, at <br /> which a quorum was present, the Board of Directors of City of St. Anthony unanimously adopted <br /> the following resolution: <br /> WHEREAS, the City of St. Anthony (the "Employer") provides employees with an <br /> opportunity to pay for certain employee welfare benefits on a pre-tax basis through,its Flex <br /> Benefit Plan#501 (the "Plan"); and <br /> WHEREAS, the Employer considers it desirable and in the best interests of the Plan to <br /> make the following amendment to its Plan; <br /> NOW,THEREFORE,pursuant to the authority reserved in the Plan to allow amendments <br /> to the Plan,the Plan is amended as follows: <br /> • The Plan will operate using the Final COBRA Regulations issued May <br /> .26, 2004. <br /> NOW, THEREFORE, BE IT RESOLVED, that the City of St. Anthony's, Flex Benefit <br /> Plan#501,be and the same is amended effective January 1, 2005; <br /> BE IT FURTHER RESOLVED, that any proper members of the Board of Directors are <br /> hereby authorized to make such contributions from the funds of the Employer as are necessary to <br /> carry out the provisions of said plan at any time; and <br /> BE IT FURTHER RESOLVED, that in the event any conflict arises between the <br /> provisions of said Plan and the Employee Retirement Income Security Act of 1974 (ERISA) or <br /> any other applicable law or regulation(as such law or regulation may be interpreted or amended), <br /> the Company shall resolve such conflict in a manner which complies with ERISA or such law or <br /> regulation. <br /> Date City Clerk <br />