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Resolution 2919-12 1 RESOLUTION NO. 2919-12 2 A RESOLUTION BY THE BOARD OF DIRECTORS OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT 3 HEALTH CARE FLEXIBLE SPENDING ACCOUNT AMENDMENT 4 ARTICLE I 5 PREAMBLE 6 WHEREAS, 1.1 Adoption and effective date of amendment-The Employer adopts this 7 Amendment to the South Tahoe Public Utility District Medical Care Reimbursement Plan 8 ("Plan") to reflect changes to Internal Revenue Code (IRC) Section 125(i), as amended 9 by the Affordable Care Act (ACA). The sponsor intends this Amendment as good faith 10 compliance with the requirements of this provision. This Amendment shall be effective 11 on or after the date the Employer elects in Section 2.1 below. 12 WHEREAS, 1.2 Supersession of inconsistent provisions-This Amendment shall supersede 13 the provisions of the Plan to the extent those provisions are inconsistent with the 14 provisions of this Amendment. 15 ARTICLE II 16 LIMITATION ON ALLOCATIONS 17 WHEREAS, 2.1 Effective Date -This Amendment is effective as of January 1, 2013. 18 WHEREAS, 2.2 Limitation on Allocations - Notwithstanding any provision contained in this 19 Health Care Flexible Spending Account to the contrary, the maximum annual 20 contribution amount that may be allocated to the Health Care Flexible Spending 21 Account Benefit may not exceed the lesser of the Participant's salary reduction elected 22 for the plan year or$2,500 plus any Employer contributions that may be made. (The 23 $2,500 amount will be indexed each year to reflect any anticipated cost of living 24 adjustments as assigned by the IRS.) 25 xxxxx 26 27 28 29 30 1 2919-12 Page2 2 3 WE, THE UNDERSIGNED, do hereby certify that the above and foregoing 4 resolution was duly and regularly adopted and passed by the Board of Directors of the 5 South Tahoe Public Utility District at a regular meeting duly held on the of 6 no Y , 2012, by the following vote: 7 AYES: Cefalu, Jones, Vogelgesang, Sheehan, Schafer 8 9 NOES: None 10 ABSENT: None 11 12 13 Eric Schafer, B ar resident 14 ATTEST: ® 15 16 ._r 17 Kathy Shar. Clerk of the hoard 18 19 20 21 22 23 24 25 26 27 0 28 29 30 1 SUMMARY OF MATERIAL MODIFICATIONS (SMM) 2 For the 3 South Tahoe Public Utility District Medical Care Reimbursement Plan 4 5 (1) General. This is a Summary of Material Modifications regarding the above 6 referenced Plan ("Plan"). This Summary of Material Modifications supplements and 7 amends the Summary Plan Description (SPD) previously provided to you. You should 8 retain this document with your copy of the SPD. 9 (2) Identification of Employer. The legal name, address and Federal Employer 10 Identification number of the Employer are 11 South Tahoe Public Utility District EIN: 94-1337914 12 1275 Meadow Crest Drive 13 South Lake Tahoe CA 96150 14 FOR CAFETERIA PLANS: 15 (3) Description of Modifications. The Employer has amended your Plan effective as of 16 the first day of the Plan year coinciding with or following January 1, 2013. Subsequent 17 plan years will reflect the IRS cost-of-living adjustment indexed amount. 18 If you have any questions regarding the application of this provision to you, contact 19 your Plan Administrator. 20 BENEFITS 21 Annual Health Care Spending Account Amount. The maximum annual 22 contribution amount that may be allocated to your Health Care Flexible Spending 23 Account Benefit may not exceed the lesser of your salary reduction (contribution) 24 elected for the year or$2,500 plus any Employer contributions that may be made. (The 25 $2,500 amount will be indexed each year to reflect any anticipated cost of living 26 adjustments as assigned by the IRS.) 27 28 29 30 -1- 1 CERTIFICATE OF ADOPTING RESOLUTION 2 The undersigned authorized representative of South Tahoe Public Utility District 3 hereby certifies that the following resolutions were duly adopted by Employer on 4 November 15, 2012, and that such resolutions have not been modified or rescinded as 5 of the date hereof; 6 RESOLVED, that the Amendment to the South Tahoe Public Utility District Medical 7 Care Reimbursement Plan (the Amendment) is hereby approved and adopted, and 8 that an authorized representative of the Employer is hereby authorized and directed to 9 execute and deliver to the Administrator of the Plan one or more counterparts of the 10 amendment. 11 The undersigned further certifies that attached hereto is a copy of the 12 Amendment approved and adopted in the foregoing resolution. 13 14 Date: November 15, 2012 15 16 Signed: A 17 Kathy S Op, Clerk of the Board 18 19 20 21 22 23 24 25 26 27 28 29 30