HomeMy WebLinkAboutFlexible Spending Plan amended to comply with IRS Notice 201 Council/Agency Meeting Held:
Deferred/Continued to:
*ppr ved ❑ Conditionally Approved ❑ Denied . ° ity ler ' Sig a re
Council Meeting Date: December 19, 2011 Departmen ID Number: HR 11-020
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Michele Carr, Director of Human Resources
SUBJECT: Adopt Resolution No. 2011-95 amending the City of Huntington Beach
Flexible Benefit Plan to comply with IRS Notice 2011-5
Statement of Issue: In compliance with certain provisions of the Affordable Care Act of
2010 (the Patient Protection and Affordable Care Act and the Health Care and Education
Reconciliation Act) the City of Huntington Beach is required to adopt a resolution amending
its flexible benefit plan to comport with IRS Notice 2011-5.
Financial Impact: N/A
Recommended Action: Motion to:
Adopt Resolution No. 2011-95, "A Resolution of the City Council of the City of Huntington
Beach Adopting Amendment to the City of Huntington Beach Flexible Benefit Plan in
Compliance with the IRS Notice 2011-5."
Alternative Action(s):
Motion to: Not adopt Resolution No. 2011-95 amending the City of Huntington Beach Flexible
Benefit Plan.
Item 16. - 1 HB -3 72-
REQUEST FOR COUNCIL ACTION
MEETING DATE: 12/19/2011 DEPARTMENT ID NUMBER: HR 11-020
Analysis:
In compliance with certain provisions of the Affordable Care Act of 2010 (the Patient
Protection and Affordable Care Act and the Health Care and Education Reconciliation Act)
the City of Huntington Beach is required to adopt a resolution amending its flexible benefit
plan incorporating the federal regulatory changes. The IRS has issued Notice 2011-5
regarding over-the-counter drugs and the adoption of the amendment brings the City's plan
into compliance therewith.
The plan amendment (the Amendment) ensures the City's compliance with enacted federal
legislation (the Patient Protection and Affordable Care Act and the Health Care and
Education Reconciliation Act) as required by federal regulation and comports with the IRS
Notice.
The summary of changes include:
■ Plan reimbursements for (over the counter) medicines/drugs (obtained by prescription
only) — UPDATED/MODIFIED as of 2011
The compliance amendments do not result in any additional costs to the City of
Huntington Beach, nor do the amendments confer any additional benefits to
participating employees.
Environmental Status: N/A
Strategic Plan Goal: Maintain financial viability and our reserves
Attachment(s):
1. Resolution No 2011-95, "A Resolution of the City Council of the City of Huntington
Beach Adopting Amendment to the City of Huntington Beach Flexible Benefit Plan
in Compliance with IRS Notice 2011-5," including Exhibit A: City of Huntington
Beach Flexible Benefit Plan: 2011 Over-the-Counter Drugs Amendment.
HB -373- Item 16. - 2
ATTACHMENT # 1
RESOLUTION NO. 2011-95
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH ADOPTING AMENDMENT TO THE CITY OF HUNTINGTON BEACH
FLEXIBLE BENEFIT PLAN IN COMPLIANCE WITH THE IRS NOTICE 2011-5
WHEREAS, the City of Huntington Beach (the Employer) has an established
Flexible Benefit Plan that is subject to federal and state regulations; and
WHEREAS, amendments reflected in IRS Notice 2011-5 require modifications
to the existing Flexible Benefit Plan; and
WHEREAS, in order to ensure the City of Huntington Beach retains its legal
conformance to required federal regulations the current Flexible Benefit Plan must be
amended to reflect recent regulatory changes;
NOW THEREFORE, BE IT RESOLVED that the Amendment to the City of
Huntington Beach Flexible Benefit Plan is hereby approved and the City Manager (or his
designee) is the authorized representative and is authorized to direct, and execute, and
deliver to the Administrator of the Plan (TRI-AD) one or more counterparts of the
amendment.
. PASSED AND ADOPTED by the City Council of the City of Huntington Beach
this 19th day of December , 2011, by the following vote:
Mayor
REVI ND APPROVED: APPROVED AS TO FORM:
Cir4ger ity Att&ney
Exhibit "A" I E
City of Huntington Beach
Flexible Benefit Plan
irector o uman Resources
Exhibit "A" - Resolution No. 2011-95
City of Huntington Beach Flexible Benefit Plan
2011 OVER THE-•COUNTER DRUGS AMENDMENT
ARTICLE I
PREAMBLE
1.1 Adoption and effective date of amendment.The Employer adopts this Amendment to City of Huntington Beach Flexible
Benefit Plan("Plan')to reflect IRS Notice 2011-5. The sponsor intends this Amendment as good faith compliance with the
requirements of IRS Notice 2011-5.This Amendment shall be effective as of the date the Employer elects in Section 2.1
below.
1.2 Supersession of inconsistent provisions.This Amendment shall supersede the provisions of the Plan and any amendment
thereto to the extent those provisions are inconsistent with the provisions of this Amendment.
1.3 Multiple adopting employers.If more than one employer has adopted the Plan,the main employer shall adopt this
amendment on behalf of all adopting employers and such provisions shall apply to all adopting employers.
1.4 Construction.Except as otherwise provided in this Amendment,any reference to"Section"in this Amendment refers only to
sections within this Amendment,and is not a reference to the Plan.The Article and Section numbering in this Amendment is
solely for purposes of this Amendment,and does not relate to any Plan article,section or other numbering designations.
ARTICLE R
ELECTIONS
2.1 Effective Date for Article III.The provisions of Article III,unless otherwise indicated are effective as of January 15.,2011.
ARTICLE III
MISCELLANEOUS PROVISIONS
3.1 Change in Reimbursement.The Plan's definition of"Medical Expenses"under the Health Care Reimbursement Arrangement
or Health Flexible Spending Account is amended by the addition of the following:
Notwithstanding anything in the Plan to the contrary,a Participant may not be reimbursed for the cost of any medicine or drug
that is not"prescrib ed"within the meaning of Code Section 106(f)or is not insulin.In addition,only medicine or drugs
considered to be prescription drugs under Code Section 106(f),including"over-the-counter"drugs obtained under
prescription,shall be able to be purchased by debit and/or credit cards issued to be used in conjunction with the Plan.Any
purchase must comply with the conditions set forth in Notice 2010-59(for"90 percent pharmacy"purchases)and Notice
2011-5(for all other purchases),and any subsequent IRS guidance.
This amendment has been executed this day of ECG 2011.
Name of E r: 'ty of Huntington Beach
By.
E4 Fred A. Wilson, City Manager
0 2011 SunGard Page 1
Exhibit "A" - Resolution No. 2011-95
SUMMARY OF MATERIAL MODIFICATIONS
for the
City of Huntington Beach Flexible Benefit Plan
I
INTRODUCTION
This is a Summary of Material Modifications regarding the City of Huntington Beach Flexible Benefit Plan("Plan").This is
merely a summary of the most important changes to the Plan and information contained in the Summary Plan Description
("SPD")previously provided to you.It supplements and amends that SPD so you should retain a copy of this document with
your copy of the SPD.If you have any questions,contact the Administrator.If there is any discrepancy between the terms of the
Plan,as modified,and this Summary of Material Modifications,the provisions of the Plan will control.
H
SUMMARY OF CHANGES
Medical expenses:
Effective January 15,2011,you may not request reimbursement of"over the counter"drugs unless the drug is insulin or the drug
is prescribed for you for treatment of a medical condition.You can use our provided debit and/or credit cards to obtain'over the
counter"drugs only if you have a prescription for that'over the counter"drug.
Exhibit "A" - Resolution No. 2011-95
CERTIFICATE OF ADOPTING RESOLUTION
The undersigned authorized representative of City of Huntington Beach(the Employer)hereby certifies that the
following resolutions were duly adopted by Employer on. 2011.. and that such resolutions have
not been modified or rescinded as of the date hereof;
RESOLVED,that the Amendment to the City of Huntington Beach Flexible Benefit Plan(the Amendment)is hereby
approved and adopted,and that an authorized representative of the Employer is hereby authorized and directed to execute and
deliver to the Administrator of the Plan one or more counterparts of the amendment.
The undersigned further certifies that.attached hereto is a copy of the Amendment approved and adopted in the foregoing
resolution.
Date: / 2011
Signed:
thonzed Representative
Fred A. Wilson, City Manager
(Print Name/71tle)
Res. No. 2011-95
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City,
do hereby certify that the whole number of members of the City Council of the
City of Huntington Beach is seven; that the foregoing resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of
said City Council at an regular meeting thereof held on December 19, 2011
by the following vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, Boardman
NOES: None
ABSENT: None
ABSTAIN: None
y Clerk and ex-offic- Clerk of the
City Council of the City of
Huntington Beach, California