HomeMy WebLinkAboutRes 2003-22
Resolution No. 2003-22
A RESOLUTION AMENDING THE CITY'S FLEXIBLE SPENDING PLAN
TO INCLUDE CERTAIN OVER-THE-COUNTER MEDICINES AND
DRUGS; AND CONTAINING FINDINGS AND PROVISIONS RELATING
TO THE SUBJECT~
WHEREAS, by the adoption of Resolution No.2003-0S on June 9,2003,
the City Council adopted a revised Flexible Spending Plan under Section 125
of the Internal Revenue Cod.e ("Flexible Spending Plan"); and
WHEREAS, tIle City Council desires to amend tIle Flexible Spending
Plan's defil1ition of ".Eligible Medical Expel1ses" in ligllt of IRS Revel1ue Rulil1g
2003-102, to permit reilubursemellt for certain over-the-counter medicines and
drugs~
NOW, THEREFORE, BE IT RESOLVED, tllat, effective for expenses incurred
by Participants or Beneficiaries from and after January 1, 2004, the d.efinition. of
"Eligible Expense" in Q-9 011 page 10 of tIle Summary Plan Description is replaced
with tIle following defil1itiol1:
"Eligible Expense" means an expense incurred by the :Enlployee or the
Employee's Spouse or Dependents after the date of the .Employee's participation in the
Health FSA and during the Plan Year to the extent that the medical expense satisfies the
conditions set forth in the Sum:nlary Plan Description and are for "lnedical care" as defined
by Code Section 213(d). For purposes of this Plan, the following expenses are not
considered "Eligi hie Medical Expenses" even if they otherwise constitute "tnedical care"
under Code Section 213 (d):
(i) .Expenses for qualified long term care services (as detined in Code ~
7702B); and
(i i) Ex pen ses for health ins u ranee premi urn s
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 clailned expense,
regardless of when the expense is paid.
BE IT FURTHER RESOLVED, that:
Section 1. All resolutions and parts of resolutions in conflict herewitll are
11ereby repealed to the extent oft11e cOl1f1ict OIlly.
Section 2. If any word, phrase, clause, sel1tel1ce, paragrap11, sectioll or other
part of tllis resolution or tile application tllereof to allY perSOll or circumstaI1Ce,
sllall ever be held to be illvalid or llllconstitlltiollal by any court of competent
jllrisdiction, tIle remaillder of this resolution and. tIle applicatioll of StIch word,
phrase, clause, SeJltel1ce, paragrapll, section, or otller part of tl1is resollltion to allY
other person or CirCUlTIstances sllall not be affected tllereby~
Section 3. The City COllncil officially fillds, deterluil1es alld d.eclares tllat a
sufficient written 110tice of tIle date, 11ol1r, place and subject of eacll rneetillg at
which tIns resolution was discussed, considered or acted D.pOll was given ill the
Ina1111er reqllired by tIle Texas Opell Meetillgs Act, as illl1el1ded, lli1d that eacll SllCll
meetillg l1as been opell to tIle public as required by law at all tilues d.uril1g sue11
disCl1ssion, COllsideration al1d actioll. Tile City COllllCil rati"fies, approves and.
confirl11s sllch~notices and tIle COlltents alld postin.g tllereof~
Section 4. Tllis resolutiol1 shall take effect immediately llpOll its ad.o.ptio!l
alld sigl1ature.
PASSED, APPROVED AND ADOPTED ON .November lO~ 2003
Signed: &d-
Mayor i .