HomeMy WebLinkAboutFlexible Spending Account Wage Works Service I
1.
HEALTH CARE FLEXIBLE SPENDING ACCOUNT AMENDMENT
ARTICLE I
PREAMBLE
1.1 Adoption and effective date of amendment. The Employer adopts this Amendment to the_City of
Central Point Flex'ble PBenecf'FS P)qn (enter name of
plan) ("Plan") to reflect changes to the Nondiscrimination Requirements of the Plan. The sponsor
intends this Amendment as good faith compliance with the requirements of this provision. 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.
ARTICLE II
NONDISCIMINATION REQUIREMENTS
2.1 Effective Date.This Amendment is effective as of August 1, 2015.
2.2 Nondiscrimination Requirements. Notwithstanding any provision contained in this Health
Care Flexible Spending Account Plan to the contrary, the "Adjustment to avoid test failure."
shall read as follows:
(c) Adjustment to avoid test failure. If the Administrator deems it necessary to
avoid discrimination or possible taxation to Key Employees or a group of employees in whose
favor discrimination may not occur in violation of Code Section 125, it may, but shall not be
required to, reduce contributions or non-taxable Benefits in order to assure compliance with the
Code and regulations. Any act taken by the Administrator shall be carried out in a uniform and
nondiscriminatory manner. With respect to any affected Participant who has had Benefits
reduced pursuant to this Section, the reduction shall be made proportionately among Health
Flexible Spending Account Benefits and Dependent Care Flexible Spending Account Benefits, and
once all these Benefits are expended, proportionately among insured Benefits. Contributions
which are not utilized to provide Benefits to any Participant by virtue of any administrative act
under this paragraph shall be forfeited and deposited into the benefit plan surplus.
This Amendment has been executed this2 day of cif-si"\ , c77)/s
Name of Employer:
City of
Central� Point
By: e/ `77 C S<<
EMPLOYER U
Chvisi*>pher Clculori C+'.t l w.v\rwjeC
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Debbie Dunlap
From: WageWorks Service Notice [servicenotice@wageworks.com]
Sent: Wednesday, July 15, 2015 5:01 PM
To: Debbie Dunlap
Subject: Action needed to update your Flexible Benefits Plan document
izi
Dear Debbie Dunlap,
Your plan contains a provision for "Nondiscrimination Requirements." WageWorks
has instituted a simplified process for remedying nondiscrimination should your
plan be found discriminatory and participant account adjustments are needed.
To simplify this portion of your plan, it is necessary to amend your plan. We have
prepared an amendment package to update your plan. This new amendment goes
into effect on August 1, 2015.
Please go to www.takecarewaaeworks.com/doc/lcDoc/Forms/FSA-Amendment-
DiscriminationReauirements.docx to access these amendment forms. Please
review and complete these forms and retain the entire package with your plan
documents (no need to return a signed copy to WageWorks).
No Summary Plan Document Amendment needs to be provided to your
employees.
If you have any questions or concerns, please contact your Relationship
Management Team.
Thank you,
take care® by WageWorks
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