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~/ <br />Elk River ~"' <br />Municipal Utilities <br />13069 Orono Parkway • P.O. Box 430 <br />Elk River, MN 55330-0430 <br />January 7, 2008 <br />To: Elk River Municipal Utilities commission <br />Jerry Takle <br />Jim Tralle <br />Jerry Gumphrey <br />From: Theresa Slominski <br />Subject: ERMU Flexible Benefits Plan Document <br />Phone: 763.441.2020 <br />Fax: 763.441.8099 <br />Since 1988, Elk River Municipal Utilities has offered a Flexible Benefits Plan to its <br />employees to be able to exclude from tax medical and dental premiums, and also <br />participate in dependent care and medical expense reimbursement plans that offer tax <br />savings. These plans fall under the IRS regulations for Section 125 Cafeteria Plans. <br />On August 3, 2007 the IRS released a comprehensive set of proposed regulations that <br />apply to Section 125 Cafeteria Plans. These new regulations replace and consolidate <br />prior guidance released since the 1980's. The effective date of the new regulations is <br />generally plan years beginning 1/1/2009 or later. Employers also have the option to rely <br />on these new regulations prior to the effective date. Implementing these regulations <br />requires, in our case, a new plan document. This plan document is attached for your <br />review, and approval. <br />Please note, the IRS accepted comments on the new~egulations through November 2007 <br />and it is expected that the IRS will release final regulations in 2008 which will <br />incorporate these comments and related meetings. Some items addressed in the proposed <br />regulations will have to wait until the final regulations are issued before they can be <br />included in the plan document, and have not been addressed in this plan document. In <br />other words, next year there will probably be another revision of this document to <br />consider. <br />