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RESOLUTION NO. 2011-033 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA <br />AMENDING THE FLEXIBLE SPENDING PLAN <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS <br />FOLLOWS: <br />Section 1: The City Council of the City of Santa Ana hereby finds, determines, <br />and declares as follows: <br />A. Effective January 1, 1990, the City of Santa Ana adopted its Flexible Benefits <br />Plan (the "Plan"). The Plan's purpose is to offer eligible employees of the City a <br />choice between cash and certain non-taxable statutory fringe benefits. The Plan <br />is available to each current full-time employee and any new full-time employees. <br />The Plan provides tax-free reimbursement of qualified health care expenses or <br />dependent care assistance. <br />B. The Plan provided that "[t]he City, at any time or from time to time, may amend <br />any or all of the provisions of the Plan without the consent of any Employee or <br />Participant." <br />C. Effective January 1, 2001, the City of Santa Ana amended and restated the Plan, <br />renaming it the "City of Santa Ana Flexible Spending Plan." The Plan continues <br />to offer eligible employees "an opportunity to forgo taxable income in exchange <br />for paying for certain health care expenses, dependent care expenses, and <br />premium expenses on a tax-free basis." <br />D. Effective August 1, 2007, the City of Santa Ana amended and restated the Plan, <br />which is substantially similar to the 2001 Plan. <br />Section 2: The City Council of the City of Santa Ana approves the following <br />amendment to the Flexible Spending Plan: <br />A. The amendments set forth in the document titled, "First Amendment to the Plan <br />Document for the City of Santa Ana Flexible Spending Plan," attached to this <br />Resolution. This amendment is in response to the Affordable Care Act of 2010 <br />(the umbrella title for the Patient Protection and Affordable Care Act and the <br />Health Care and Education Reconciliation Act aka "health care reform"). <br />Section 3: The City Council of the City of Santa Ana hereby vests in the City <br />Manager the authority to approve all current amendments, as well as all future <br />amendments to the Flexible Spending Plan. <br />Resolution No. 2011-033 <br />Page 1 of 2