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R-1111-06 RESOLUTION NO. 1111-06 A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA TO AMEND THE FLEXIBLE BENEFITS PLAN AS PREVIOUSLY ADOPTED TO ALLOW A GRACE PERIOD NOT TO EXCEED TWO MONTHS AND FIFTEEN DAYS FOLLOWING THE END OF THE PLAN YEAR AS PERMITTED BY THE INTERNAL REVENUE SERVICE NOTICE 2005-42. WHEREAS, Miami Shores Village (the "Employer'),previously adopted a Code Section 125 plan and a Code Section 105 Medical Care Reimbursement Plan ("URM"), collectively referred to as the Flexible Benefits Plan ("the Plan"). WHEREAS, the Internal Revenue Service issued Notice 2005-42, which permits employers to amend the Plan to allow a grace period (the "Grace Period") not to exceed two (2) months and fifteen (15) days following the end of the Plan Year during which Plan participants may use all or a portion of their unused URM salary deduction amounts from the prior year for eligible expenses incurred during the Plan year;and WHEREAS, effective October 1,2006,the Employer desires to amend the Plan as set forth in the attached amendment and Summary of Material of Modifications to establish a Grace Period that is consistent with the requirements set forth in 2005-42;and NOW THEREFORE, BE IT RESOLVED THAT THE MIAMI SHORES VILLAGE COUNCIL, has hereby reviewed the attached amendment and Summary of Material Modifications and does hereby approve the adoption of the amendment and Grace Period as set forth therein; BE IT FURTHER RESOLVED, that the officers of the Employer are authorized and directed to take any and all action as may be necessary to effectuate this Resolution. PASSED and ADOPTED this 21St day of March,20 MII HORES VILLAGE,FLORIDA ATTEST: a. &2 , CMC avis,Mayor Barbara A. Estep,CMC Village Clerk Approved as to form: Richard Sarafan Village Attorney AMENDMENT TO THE FLEXIBLE BENEFITS PLAN This Amendment to the Flexible Benefits Plan (the "Plan") is adopted by Miami Shores Village (the "Employer"), effective as of the dates set forth herein. NOW,THEREFORE, effective October 1, 2006, the Plan is amended as follows: A. Section 4.03 is deleted in its entirety and replaced with the following new Section 4.03: 4.03 Health Care reimbursement. To the extent offered under the Plan, each Participant's URM will be credited for Health Care Reimbursement with amounts withheld from the Participant's Compensation and any Non-elective Contributions allocated thereto by the Employer or where applicable, the Participant. The Account will be debited for Health Care Reimbursements disbursed to the Participant In accordance with Article V of this document. The entire amount elected by the Participant on the SRA as an annual amount for the Plan Year for Health Care Reimbursement less any Health Care Reimbursements already disbursed to the Participant for Expenses incurred during the Plan Year (plus any grace period as set forth in the SPD) shall be available to the Participant at any time during the Plan year without regard to the balance in the Health Care Account (provided that the periodic contributions have been made). Thus, the maximum amount of Health Care Reimbursement at any particular time during the Plan Year will not relate to the amount that a Participant has had credited to his URM. In no event will the amount of Health Care Reimbursements In any Plan Year(plus any grace period as set forth in the SPD) exceed the annual amount specified for the Plan Year in the SRA for Health Care Reimbursement. Any amount credited to the Health Care Account shall be forfeited by the Participant and restored to the Employer if It has not been applied to the provide Health Care Reimbursement within the Run-Off Period set forth In the SPD. Amounts so forfeited shall be used in a manner that is permitted within the applicable Department of Labor ("DOL") or Internal Revenue Services ("IRS") regulations. The maximum annual reimbursement under the URM shall be set forth in the SPD. The Employer may establish a minimum annual reimbursement amount as set forth in the SPD. B. Section 5.01(a) is deleted in its entirety and replaced with the following new Section 5.01(a): Special Rules for Health Care Reimbursement. To the extent offered under the Plan, payment shall be made to the Participant In cash as reimbursement for Eligible Medical Expenses Incurred by the Participant or his Spouse or Dependents while he is a Participant during the Plan Year(plus any grace period as specified in the SPD) for which the Participant's election Is effective provided that the substantiation requirements of Section 6.05 herein are satisfied. C. The following provisions should be added to the end of Section 5.04: A special grace period may be applicable with regard to URM participation after the close of the Plan Year(see SPD). MIAMI SHORES VILLAGE BY: TITLE: SUMMARY OF MATERIAL MODIFICATIONS TO THE FLEXIBLE SPENDING ACCOUNT PLAN (the"Plan") This document summarizes Important changes to your HeMble Spending Account Plan. If you have any questions regarding the changes summarized In this Summary of Material Modifications rSMM°j, you should contact Mark Malatak. You should keep a copy of this SMM wffh your Summary Plan Description for future reference. Effective October 1, 2006, the Employer has established a "grace period' for the URM offered under the Flexible Benefits Plan that follows the end of the Plan Year during which amounts you have allocated to the applicable spending account that are unused at the end of the Plan Year may be used to reimburse Eligible Medical Expenses Incurred during the grace period. The grace period will begin on the first day of the first Plan Year following the effective date of this SMM and will end two (2) months and fifteen (15) days later. For example, if the Plan Year ends September 30, 2006,the grace period begins October 1, 2006 and ends December 15, 2006. In order to take advantage of the grace period,you must be: A Participant in the URM on the last day of the Plan Year to which the grace period relates, or A Qualified Beneficiary who Is receiving COBRA coverage under the URM on the last day of the Plan Year to which the grace period relates. The following additional rules will apply to the grace period: - Eligible Medical Expenses incurred during a grace period and approved for reimbursement will be paid first from available amounts that were remaining at the end of the Plan Year to which the grace period relates and then from any amounts that are available to reimburse expenses incurred during the current Plan Year. Claims will be paid in the order in which they are received. This may Impact the potential reimbursement of eligible expenses incurred during the Plan Year to which the grace period relates to the extent such expenses have not yet been submitted for reimbursement. Previous claims will not be reprocessed or re-characterized so as to change the order In which they were received. For example, assume that$200 remains in your URM sub-account at the end of the current Plan Year (September 30, 2006) and further assume that you have elected to allocate $2,400 to the URM for the next Plan Year (beginning October 1, 2006). If you submit for reimbursement an Eligible Medical Expense of $500 that was Incurred on October 15, 2006, $200 of your claim will be paid out of the unused amounts remaining in your URM from the Plan Year ending September 30, 2006 and the remaining $300 will be paid out of amounts allocated to your URM for the next Plan Year that begins on October 1,2006. Expenses incurred during a grace period must be submitted before the end of the Run-off Period described in the SPD. This is the same Run-off Period for expenses incurred during the Plan Year to which the grace period relates. Any unused amounts that are not used to reimburse eligible expenses Incurred either during the Plan Year to which the grace period relates or during the grace period will be forfeited if not submitted for reimbursement before the end of the Run-off Period. You may not use URM amounts to reimburse eligible DDC expenses.