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. . . ~ ~~HILLS CITY OF ARDEN ffiLLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION No. 04-64 A RESOLUTION INCREASING THE EMPLOYEE FLEXIBLE SPEl'I-nING AMOUNT AND AMENDING THE FLEXIBLE SPENDING ACCOUNT PLAN TO COMPLY WITH FEDERAL FMLA, ERISA, ffiPPA, COBRA REGULATIONS, CLAIMS APPEAL PROCESS, Al';-n PURCHASE ELIGIBILITY OF OYER THE COUNTER DRUGS WHEREAS, City of Arden Hills previously adopted the City of Arden Hills Health Care and Dependent Day Care Expense Reimbursement Plan ("Plan") on January 1,1994; WHEREAS, City of Arden Hills desires to amend and restate the Plan in the following manner: Effective January 1, 2005: . The Plan will operate using the Final COBRA regulations issued 1/1/01, Final Change in Status Rules issued 1/1/01, Final FMLA Regulations issued 10/17/01, updated ERISA statement of rights, updated Claims Appeal Process issued 07/1/02, HIPAA changes issued 4i14/03, Revenue Ruling 2003-102 regarding the eligibility of over-the- counter dmgs issued 9/22/03 and the final COBRA Regulations issued 5-26-04. . The Health Care Reimbursement Account Maximum shall be increased from $2,000 to $3,000. . The Plan Name shall be changed to Flexible Spending Accounts Plan. NOW, THEREFORE, BE IT RESOL YED, that City of Arden Hills Flexible Spending Accounts Plan be amended and restated; NOW, THEREFORE, BE IT FURTHER RESOL YED, that members of the City Council are hereby authorized to make such contributions from the funds of the Employer as are necessary to carry out the provisions of said plan at any time; and NOW, THEREFORE, BE IT FURTHER RESOL YED, that in the event any conflict arises between the provisions of said Plan and the Employee Retirement Income Security Act of 1974 (ERISA) or any other applicable law or regulation (as such law or regulation may be interpreted or amended), the City shall resolve such conflict in a manner which complies with ERISA or such law or regulation.