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2021/02/23 City Council Resolution 2021-022 RESOLUTION NO. 2021-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING AN AMENDMENT TO THE CITY OF ROHNERT PARK FLEXIBLE BENEFITS PLAN IN COMPLIANCE WITH THE 2020 CARES ACT WHEREAS, the City of Rohnert Park offers a Flexible Benefits Plan("City Plan") that includes a Health Flexible Spending Account ("Health FSA") and Dependent Care Flexible Spending Account("Dependent Care FSA")that is administered by HealthComp dba HealthComp Administrators; and WHEREAS, the Summary Plan Description for the City Plan outlines the benefits, terms and conditions for enrolling and participating in a Health FSA and/or Dependent Care FSA; and WHEREAS, prior to the passing of the Coronavirus Aid, Relief and Economic Security Act ("CARES Act") that was signed into law in March 2020, the Affordable Care Act (ACA)required employees to obtain a prescription in order to be reimbursed for non- prescription, "over-the-counter" (OTC) drugs and medicines from a health flexible spending account and menstrual care products were not eligible for reimbursement; and WHEREAS, with the passing of the CARES Act, the requirement for a prescription for "over-the-counter" (OTC) drugs and medicines is eliminated and menstrual care products purchased on or after January 1, 2020 are now reimbursable through a health flexible spending account; and WHEREAS, in order to comply with the new requirements of the CARES Act, Staff is requesting that Council adopt a resolution that provides for the amendment of the City Plan retroactive to January 1, 2020, eliminating the prescription requirement for over-the-counter (OTC) medications and allowing for reimbursement of menstrual care products from the Health FSA for expenses incurred back to January 1, 2020; and WHEREAS, staff reviewed and recommends approval of the attached Health Flexible Spending Account Amendment to Reinstate Over-The-Counter Medicines and Other Options. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve Health Flexible Spending Account Amendment to Reinstate Over-The-Counter Medicines and Other Options which is attached hereto as Exhibit "A" and incorporated by this reference. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 23rd day of February, 2021. CITY O ' O ERT PARK /s Gerar. ce, Mayor ATTEST: Elizabet Machado, eputy City Clerk Attachments: Exhibit A ADAMS: Atle. LINARES: At le STAFFORD: 1�1 ELWARD: P eGIUDICE: Atie AYES: ( 6 ) NOES: ( ,Pl ) ABSENT: ( ) ABSTAIft: ( )4' ) Resolution 2021-022 2 © HealthComp - OTC Amendment Page 1 of 1 03/2020 HEALTH FLEXIBLE SPENDING ACCOUNT AMENDMENT TO REINSTATE OVER-THE- COUNTER MEDICINES AND OTHER OPTIONS ARTICLE I PREAMBLE 1.1 Adoption and effective date of amendment. The Employer adopts this Amendment to the City of Rohnert Park Flexible Benefits Plan (“Plan”) to reflect certain provisions of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). The sponsor intends this Amendment as good faith compliance with the requirements of these provisions. This Amendment shall be effective on or after the date the Employer elects in Section 2.1 below. 1.2 Supersession of inconsistent provisions. This Amendment shall supersede the provisions of the Plan to the extent those provisions are inconsistent with the provisions of this Amendment. 1.3 Construction. Except as otherwise provided in this Amendment, any reference to "Section" in this Amendment refers only to sections within this Amendment, and is not a reference to the Plan. The Article and Section numbering in this Amendment is solely for purposes of this Amendment, and does not relate to any Plan article, section or other numbering designations. ARTICLE II ELECTIONS 2.1 Effective Date. The provisions of this Amendment, unless otherwise indicated are retroactive to January 1, 2020. ARTICLE III HEALTH FLEXIBLE SPENDING ACCOUNT 3.1 Over-the counter drugs and medicines. Expenses incurred for over-the-counter drugs and medicines that are primarily for treatments that are not prescribed by a physician shall be treated as incurred for medical care. 3.2 Reimbursements for menstrual care products. Expenses incurred for menstrual care products shall be treated as incurred for medical care. This amendment has been executed this _________________ day of ______________________________________, 2020. City of Rohnert Park By: EMPLOYER EXHIBIT A © HealthComp – OTC Amendment Page 1 of 1 03/2020 CERTIFICATE OF ADOPTING RESOLUTION The undersigned authorized representative of the City of Rohnert Park (the Employer) hereby certifies that the following resolutions were duly adopted by Employer on ___________________________, 2020, and that such resolutions have not been modified or rescinded as of the date hereof; RESOLVED, that the Amendment to the City of Rohnert Park Flexible Benefits Plan (the Amendment) is hereby approved and adopted, and that an authorized representative of the Employer is hereby authorized and directed to execute and deliver to the Administrator of the Plan one or more counterparts of the amendment. The undersigned further certifies that attached hereto is a copy of the Amendment approved and adopted in the foregoing resolution. Date: Signed: [print name/title] © HealthComp - OTC Amendment Page 1 of 1 03/2020 SUMMARY OF MATERIAL MODIFICATIONS City of Rohnert Park Flexible Benefits Plan I INTRODUCTION This is a Summary of Material Modifications regarding the City of Rohnert Park Flexible Benefits Plan (“Plan”). These changes take place retroactive to January 1, 2020. This is merely a summary of the most important changes to the Plan and information contained in the Summary Plan Description (“SPD”) previously provided to you. It supplements and amends that SPD so you should retain a copy of this document with your copy of the SPD. If you have any questions, contact the Administrator. If there is any discrepancy between the terms of the Plan, as modified, and this Summary of Material Modifications, the provisions of the Plan will control. II SUMMARY OF CHANGES 1. Over-the counter drugs and medicines Expenses incurred for over-the-counter drugs and medicines not prescribed by a physician shall be treated as incurred for medical care. 2. Reimbursements for menstrual care products Expenses incurred for menstrual care products shall be treated as incurred for medical care.