5.4. ERMUSR 06-14-2011Elk River ^~
Municipal Utilities
13069 Orono Parkway • P.O. Box 430
Elk River, MN 55330-0430
UTILITIES COMMISSION MEETING
Phone: 763.441.2020
Fax: 763.441.8099
TO: FROM:
Elk River Municipal Utilities Commission Theresa Slominski -Finance Director
John Dietz
Daryl Thompson
Allan Nadeau
MEETING DATE: AGENDA ITEM NUMBER:
June 14, 2011 5.4 Flexible Benefits Plan Revisions
SUBJECT:
U dated Plan Document
BACKGROUND:
With Legislative changes in 2010 due to health care reform, certain items impact our Flexible
Benefits Plan Document necessitating revisions to the document. Those revisions can be
addressed through an amendment to our plan, as proposed below.
DISCUSSION:
The Patient Protection and Affordable Care Act ("PPACA") imposed new rules regarding the
reimbursement ofover-the-counter ("OTC") drugs and medicines (other than insulin) under
health flexible spending accounts ("health FSAs"). Under the new rules, a participant must
obtain a prescription for the OTC drug or medicine (other than insulin) for it to be reimbursable.
If a health FSA includes OTC drugs and medicines (other than insulin) as eligible expenses, the
plan must be amended to incorporate the new rules.
The new rules generally became effective January 1, 2011. Plan amendments generally must be
adopted prior to the effective date of new laws. However, the IRS has provided transition relief
regarding plan amendments to incorporate the new OTC drug and medicine rules. Under this
special transition relief, plan sponsors have until June 30, 2011, to amend their plans to
incorporate the new rules. If the plan sponsor adopts an amendment before the expiration of this
transition relief period, and the amendment is effective retroactively back to January 1, 2011, the
plan will not be out of compliance with the requirements of the Internal Revenue Code.
Another rule, effective 2013, states that a health FSA will have a maximum reimbursement
amount of $2,500. Currently it is at the employer's discretion, and has been $3,000 since the
plan's inception at ERMU. We have decided to incorporate this change along with this
amendment rather than amending the plan again at a later date.
ACTION REQUESTED:
Staff recommends adopting the proposed amendment to the Flexible Benefits Plan Document.
AMENDMENT 2011- 1
OVER THE COUNTER AMENDMENT
Elk River Municipal Utilities (the "Corporation") provides Internal Revenue Code
Section 125 benefits for its eligible employees and their eligible spouses and dependents.
The Corporation has designed the Elk River Municipal Utilities Flexible Benefits Plan
(the "Plan") to afford various coverages for its employees, including a flexible spending
health care reimbursement account.
WHEREAS, the Corporation sponsors the Plan and, pursuant to the terms of the
Plan, retains the authority to amend the Plan as needed for compliance;
WHEREAS, the Corporation intends to comply with all requirements of the
Patient Protection and Affordable Care Act ("PPACA");
WHEREAS, PPACA requires health care reimbursement plans to cease
reimbursing Over-the-Counter ("OTC") medications (other than insulin or OTC
medications subject to a prescription) as of January 1, 2011;
WHEREAS, the Plan did cease reimbursement of OTC medications in operation
as of January 1, 2011, and under PPACA is required to officially amend the Plan by June
30, 2011; and
WHEREAS, PPACA also requires that the Health FSA limit under the plan be
lowered to $2,500 as of January 1, 2013; and
WHEREAS, the Corporation wishes to amend the Plan to comply with these
PPACA requirements; and
WHEREAS, pursuant to a delegation of authority by the Board of the Utilities
Commission made on June 14, 2011, the amendment may be adopted by the Director of
Operations.
NOW, THEREFORE BE IT RESOLVED, that effective as of January 1, 2011,
the Plan is amended as follows:
Notwithstanding anything in this document to the contrary, effective January 1,
2011, expenses incurred after December 31, 2010 for drugs or medicine (other
than insulin) are eligible for reimbursement only if accompanied by a
prescription.
FURTHER RESOLVED, that effective as of January 1, 2013, the Plan is
amended as follows:
Beginning January 1, 2013, the maximum reimbursement amount for the Plan's Medical
Expense Reimbursement benefit shall be two thousand five hundred dollars ($2,500) per
Plan Year. The maximum will be prorated if less than twelve (12) months remain in the
Plan Year at the time the Participant begins participation.
Executed this day of , 2011
Troy Adams
Director of Operations
GP2993074 vl
2