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2010 HEALTH CARE REFORM PROVISIONS AMENDMENT <br />ARTICLE I <br />PREAMBLE <br />Adoption and effective date of amendment. The Employer adopts this Amendment to the <br />City of Santa Ana Flexible Spending Plan ("Plan") to reflect certain provisions of the Affordable <br />Care Act of 2010 (the Patient Protection and Affordable Care Act and the Health Care and <br />Education Reconciliation Act. The sponsor intends this Amendment as good faith compliance <br />with the requirements of these provisions. This Amendment shall be effective on or after the date <br />the Employer elects in Section 2.1 or 2.2 below. <br />1.2 Supersession of inconsistent provisions. This Amendment shall supersede the provisions of <br />the Plan to the extent those provisions are inconsistent with the provisions of this Amendment. <br />1.3 Construction. Except as otherwise provided in this Amendment, any reference to "Section" in this <br />Amendment refers only to sections within this Amendment, and is not a reference to the Plan. The <br />Article and Section numbering in this Amendment is solely for purposes of this Amendment, and <br />does not relate to any Plan article, section or other numbering designations. <br />ARTICLE II <br />ELECTIONS <br />2.1 Effective Date for Article III. The provisions of Article III, unless otherwise indicated are effective <br />as of December 31, 2010. <br />ARTICLE III <br />MISCELLANEOUS PROVISIONS <br />3.1 Change in Reimbursement. Effective January 1, 2011, the Plan's definition of "Medical <br />Expenses" under the Health Care Reimbursement Arrangement or Health Flexible Spending <br />Account is amended by the addition of the following: <br />Notwithstanding anything in the Plan to the contrary, a Participant may not be reimbursed for the <br />cost of any medicine or drug that is not "prescribed" within the meaning of Code Section 106(f) or <br />is not insulin. In addition, only medicine or drugs considered to be prescription drugs under Code <br />Section 106(f) (not "over-the-counter" drugs obtained under prescription) shall be able to be <br />purchased by debit and/or credit cards issued to be used in conjunction with the Plan. "over-the- <br />countel" medicine or drugs, even with a prescription, cannot be purchased by debit and/or credit <br />card. <br />3.? Dependent. The Plan's definition of "Dependent" is amended by the addition of the following: <br />"Dependent" shall include any child of a Participant who is covered under an Insurance Contract, <br />as defined in the Contract, jor under the Health Flexible Spending Account] as allowed by reason <br />of the Affordable Care Act. <br />Page 1 of 2 1212010 <br />