CC RES 03-011 A RESOLUTION APPROVING AND ADOPTING CHANGE TO THE CITY OF ST. ANTHONY FLEXIBLE BENEFIT PLAN

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December 29, 2002 TO: Eligible Employees and Participants of the City of St Anthony Flexible Benefit Plan RE: Summary of Material Modification for the City of St Anthony Flexible Benefit Plan Effective January 1,2003,the City of St Anthony Flexible Benefit Plan shall be administered using the Final FMLA Regulations issued October 17,2001; and the updated Claims Appeal Process issued July 1,2002. The sections of your Summary Plan Description that will be affected are: 1. Leaves Of Absences,And Family Or Medical Leaves 2. Claims For Benefits • Final FMLA Regulations WHAT HAPPENS IF I TAKE A LEAVE OF ABSENCE OR FAMILY OR MEDICAL LEAVE? • If you take a leave of absence that is not a family or medical leave under the Family and Medical Leave Act of 1993, the way in which you may participate in the Plan will depend on whether or not you continue to receive compensation from the Employer. If during a leave you continue to be paid by the Employer,your benefit election will remain in effect and the Employer will continue to withhold Pre-tax Contributions. If you are not being paid by the Employer,your participation in the Plan will be treated in the same way as if you had terminated employment. Thus, you cannot make contributions to your Dependent Care Reimbursement Account,but you can continue to submit claims through the end of the Plan Year or, if earlier, until your account is depleted. Also, you may continue to pay for your health coverage, dental coverage, life coverage and any health care expense reimbursement benefits on an after-tax basis. In doing so,your prior benefit election will be reinstated when you return to work (see Continuation of Coverage section). If you take a leave of absence that is a family or medical leave under the Family and Medical Leave Act of 1993, you should contact the Assistant City Manager in order to discuss your continued participation in the Plan during the leave. In general, if you take an unpaid family or medical leave, you may continue to participate in the Plan provided you continue to pay foryourbenefits. You can elect to pay for your benefits in one of the following three ways: 1. You can pay for your benefits on a pre-tax basis by allowing us to deduct your required contributions from your paychecks before the leave. (Due to certain tax law restrictions, you can only prepay on a pre-tax basis through • the end of a Plan Year.)