HomeMy WebLinkAboutResolution 2015-79 - Palm Desert Section 125 Flexible Benefits PlanResolution No. 2015-79
CITY OF PALM DESERT
HUMAN RESOURCES DEPARTMENT
STAFF REPORT
REQUEST: Waive further reading and adopt Resolution No. 2015- 79
amending ResolutiorNo. 2013-13_, City of Palm Desert Section
125 Plan Article I and II, relative to Non -Discrimination
requirements.
SUBMITTED BY: Lori Carney, Human Resources Manager
DATE: September 10, 2015
CONTENTS: Resolution No. 2015- 79
Recommendation:
Waive further reading and adopt Resolution No. 2015- 79 amending
Resolution No.2013-13 , City of Palm Desert Section 125 Plan, Article I and II,
relative to Non-discrimination requirements.
Executive Summary:
As a result of provisions of the Affordable Care Act the City is required to revise its IRS
Section 125 Flexible Benefits plan to reflect updated language regarding non-
discrimination testing (non-discrimination testing in this context refers to "highly
compensated employees.") The attached language was provided by our third party
administrator WageWorks.
Fiscal Analysis:
There is no Fiscal Impact.
Submitted by:
'A�
Lori Carn y,
Human Resources Manager
Reviewed and approved:
1)z '
Paul Gibson, Finance Director
n M. Wohlmuth, City Manager
RESOLUTION NO. 2015- 79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, AMENDING RESOLUTION 2013-13 AND
AMENDING ARTICLE I AND II OF THE CITY OF PALM DESERT
SECTION 125 FLEXIBLE BENEFITS PLAN;
WHEREAS, Section 125 of the Internal Revenue Code allows employees and
Councilmembers to choose among two or more appropriate levels of health benefits for
themselves and their families; and
WHEREAS, the City of Palm Desert first adopted its flexible benefits plan in
1999; and
WHEREAS, the Flexible Benefits Plan is not considered discriminatory to
collective bargaining units; and
WHEREAS, over the years the plan has been amended to reflect changes in
Federal law and the City's benefits structure; and
WHEREAS, the Federal government has revised regulations regarding non-
discrimination clauses;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Palm
Desert, California, adopt the attached City of Palm Desert IRS Section 125 Cafeteria
Plan amended Article I and ll; and
PASSED, APPROVED AND ADOPTED at the regular meeting of the Palm
Desert City Council held on this 10th day of September, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Susan Marie Weber, Mayor
ATTEST:
RACHELLE KLASSEN, CITY CLERK
City of Palm Desert, California
Resolution No. 2015-79
HEALTH CARE FLEXIBLE SPENDING ACCOUNT AMENDMENT
ARTICLE I
PREAMBLE
1.1 Adoption and effective date of amendment. The Employer adopts this Amendment to the City of
Palm Desert Section 125 Plan ("Plan") to reflect changes to the Nondiscrimination Requirements of
the Plan. The sponsor intends this Amendment as good faith compliance with the requirements of
this provision. This Amendment shall be effective on or after 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
to the extent those provisions are inconsistent with the provisions of this Amendment.
ARTICLE II
NONDISCIMINATION REQUIREMENTS
2.1 Effective Date. This Amendment is effective as of August 1, 2015.
2.2 Nondiscrimination Requirements. Notwithstanding any provision contained in this Health
Care Flexible Spending Account Plan to the contrary, the "Adjustment to avoid test failure."
shall read as follows:
(c) Adjustment to avoid test failure. If the Administrator deems it necessary to
avoid discrimination or possible taxation to Key Employees or a group of employees in whose
favor discrimination may not occur in violation of Code Section 125, it may, but shall not be
required to, reduce contributions or non-taxable Benefits in order to assure compliance with the
Code and regulations. Any act taken by the Administrator shall be carried out in a uniform and
nondiscriminatory manner. With respect to any affected Participant who has had Benefits
reduced pursuant to this Section, the reduction shall be made proportionately among Health
Flexible Spending Account Benefits and Dependent Care Flexible Spending Account Benefits, and
once all these Benefits are expended, proportionately among insured Benefits. Contributions
which are not utilized to provide Benefits to any Participant by virtue of any administrative act
under this paragraph shall be forfeited and deposited into the benefit plan surplus.
This Amendment has been executed this day of
Name of Employer:
0
EMPLOYER
Resolution No. 2015-79
CERTIFICATE OF ADOPTING RESOLUTION
The undersigned authorized representative of
(the Employer) hereby certifies that the following resolutions were duly adopted by Employer on
(date), and that such resolutions have not been modified or
rescinded as of the date hereof;
RESOLVED, that the Amendment to the
(name of the 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:
Signed:
(print name/title)