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08-117 Resolution No. 08-117 RESOLUTION APPROVING AN AMENDMENT TO THE HEALTH REIMBURSEMENT AGREEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that the City of Elgin desires to amend the City of Elgin FIexHRA Plan definition of Section 5.04 in the Adoption Agreement—Eligible Spend-Down Expenses,effective March 1,2008,to clarify eligible expenses for Retirees and Terminated Employees, as set forth in the attached Amendment; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, hereby adopts the attached Amendment to the City of Elgin Health Reimbursement Arrangement effective as of March 1, 2008 and authorizes Olufemi Folarin, City Manager, to execute the amendment, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: May 14, 2008 Adopted: May 14, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk fk AMENDMENT TO THE CITY OF ELGIN Health Reimbursement Arrangement This Amendment to the City of Elgin HRA Plan is adopted by CITY OF ELGIN (the "Employer"),effective as of the date set forth herein. WHEREAS, the Employer desires to amend Plan's definition of Section 5.04 in the Adoption Agreement-Eligible Spend-Down Expenses; NOW, THEREFORE, effective March 1, 2008, the definition Section 5.04 in the Adoption Agreement in the Plan is replaced with the following definition: "Eligible Spend-Down Expenses"are any medical care expenses incurred by you or your Eligible Dependents that would otherwise qualify for a deduction under Code § 213 (irrespective of the income limitations set forth in Code §213), and have not been or will not be reimbursed by any other source. Notwithstanding this, qualified long term care services, COBRA payments and insurance premiums can be eligible for reimbursement for retired and terminated employees. For purposes of this Plan, an expense is "incurred" when the Participant or beneficiary is furnished the medical care or services giving rise to the claimed expense. IN WITNESS WHEREOF, and as evidence of the adoption of the amendments set forth herein, the undersigned officer of City of Elgin has executed this Amendment to the Plan, this 14th day of may ,2008. City , , .in By: \ O may_ 01u -mi Fola in Title: Cit Mana• - t, April 18, 2008 Ok V TO: Mayor and Members of the City Council tail r.ul� S/dbh FROM: Olufemi Folarin, City Manager C;,,) co1cr<<f„<ia Gail Cohen, Human Resources and Purchasing Director SUBJECT: Amendment to Health Reimbursement Account PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider an amendment to the City's Flex Health Reimbursement Account Plan which clarifies the ability to use such funds to pay post-termination health premiums. RECOMMENDATION It is recommended that the City Council approve an amendment to the City's Flex Health Reimbursement Account Plan which clarifies the ability to use such funds to pay post- termination health premiums. BACKGROUND In March 2005, the City adopted a Health Reimbursement Account program through Flexible Benefits Corporation, which provides payments to full time and permanent part time employees who have "opted out" of the City's health insurance program because they have an alternative source of insurance. The funds can be used for eligible medical expenses, including payment of post-termination health insurance premiums, and are considered non-taxable for income tax purposes (similar in nature to employer paid health insurance premiums). Flexible Benefits Corporation has recommended that language be added to the Plan document clarifying this benefit. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT None Amendment to Health Reimbursement Account April 18, 2008 Page 2 LEGAL IMPACT None ALTERNATIVES 1. The City Council may choose to adopt the amendment to the Health Reimbursement Account Plan document. 2. The City Council may choose not to adopt the amendment to the Health Reimbursement Account Plan document. Respectfully submitted for Council consideration. GAC