5.4. ERMUSR 06-14-2011 - Laserfiche WebLink

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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.