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Report Number 12-260 <br /> 4/ NEw Agenda Section V1-6 <br /> 1GiHi ]N Council Meeting Date November 13, 2012 <br /> the city that works for you <br /> REQUEST FOR COUNCIL CONSIDERATION <br /> ITEM DESCRIPTION: RESOLUTION AUTHORIZING THE AMENDMENT TO THE <br /> EMPLOYEE CAFETERIA PLAN EFFECTIVE JANUARY 1, 2013 <br /> DEPARTMENT HEAD'S APPROVAL: ipCITY MANAGER'S APPROVAL: <br /> No comments to supplement this repo Comments attached <br /> Recommendation: <br /> Adopt the RESOLUTION AUTHORIZING THE AMENDMENT TO THE EMPLOYEE <br /> CAFETERIA PLAN EFFECTIVE JANUARY 1, 2013. <br /> Legislative History: <br /> The City has had an Employee Cafeteria Plan for many years. The Plan provides employees <br /> with the opportunity to use pre-tax dollars to pay certain benefit costs by entering into a salary <br /> reduction arrangement. Under federal tax laws (IRS), the arrangement allows employees to save <br /> social security and income taxes on the amount of the salary reduction. The Plan allows <br /> employees to design their benefits package that fits their own personal needs and goals. <br /> Financial Impact: <br /> There is no financial impact to the City. Employees may experience a financial impact in 2013 <br /> depending on their specific cafeteria plan selections due to IRS mandated changes. <br /> Explanation: <br /> A § 125 cafeteria plan is a written plan that allows employees to elect between permitted taxable <br /> benefits (such as cash) and certain qualified benefits. Section 125(a), (d)(1), if an employee <br /> makes the election before the start of the plan year, and other § 125 requirements are satisfied, <br /> the employee's election of one or more qualified benefits does not result in gross income to the <br /> employee. <br /> The IRS has amended its regulations relating to cafeteria plans (Section 125). Section 125(i) was <br /> added by § 9005 of the Patient Protection and Affordable Care Act(the Act), Pub. L. No. 111- <br /> 148 (as amended by § 10902 of the Act, and further amended by § 1403(b) of the Health Care <br /> and Education Reconciliation Act of 2010, Pub. L. No. 111-152). Section 125(i) is effective for <br /> "taxable years" beginning after December 31, 2012. Prior to the effective date of§ 125(i),plan <br /> sponsors imposed limits on the amount of salary reduction contributions that employees may <br /> elect to health FSAs, but there had been no mandated limit. <br /> Recommended amendments include the following: <br /> • The City's Cafeteria Plan imposed a$6,000 limit on the Health Flexible Spending Account <br /> portion of the plan. In order to stay in compliance with the IRS Affordable Care Act (ACA) <br /> we need to amend our plan with the new imposed $2,500 limit. <br /> • IRS dollar requirements for a Qualifying High Deductible Health Plan have increased <br /> slightly. <br /> Page 1 of 2 <br />