RES-10150 Adopting Restated Orange City Flexible Benefits PlanRESOLUTION NO. 10150
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING AND ADOPTING
A RESTATED CITY OF ORANGE FLEXIBLE
BENEFITS PLAN AND APPROVING A HEALTH
AND WELFARE BENEFITS ADMINISTRATION
SERVICES AGREEMENT WITH TRI-
AD ACTUARIES,
INC.WHEREAS, beginning with a flexible benefits plan originally effective on
November 1, 1988, the City of Orange has previously adopted and administered a flexible benefits
plan qualifying as a "Cafeteria Plan" within the meaning of Section 125 of the Internal
Revenue Code of 1986, as amended, for the purpose of allowing its employees to choose
among different types of health, dependent care and other related benefits based upon their
own particular goals, desires and
needs;WHEREAS, the City Council of the City of Orange (City Council) desires to
amend and restate its flexible benefits plan to recognize the contribution made to the City by
its employees by providing benefits for those employees who qualify under the proposed City
of Orange Flexible Benefits Plan and their dependents and
beneficiaries;WHEREAS, the City Council desires to approve and adopt the proposed City
of Orange Flexible Benefits Plan, including a Dependent Care Flexible Spending Account
and Health Flexible Spending Account, effective January I, 2007, in the form presented at
this meeting (the
Plan);WHEREAS, the City Council further desires to enter into that certain Health
and Welfare Benefits Administration Services Agreement with Tri-Ad Actuaries, Inc. to
carry out the administration of the Plan on behalf of
the City.NOW, THEREFORE, the City Council of the City of Orange does hereby
resolve
as follows:I. The Plan in the form presented at this meeting is hereby approved
and adopted effective January
1, 2007.2. The Mayor is hereby authorized and directed to execute, and the City
Clerk to attest, one or more counterpart originals of the Plan and, thereafter, to deliver or cause
to be delivered to the Administrator a counterpart original of
3. The officers and employees of the City are authorized and directed, jointly and
severally, to do any and all things necessary or advisable in order to effectuate the purposes of
this Resolution and to administer the City's obligations, responsibilities and duties to be
performed hereunder, including, but not limited to, notifying the employees of the City of the
adoption of the Plan by delivering, or causing to be delivered, to each employee a summary
description of the Plan in such form as the Personnel Director (or his designee) determines
appropriate.
4. The Health and Welfare Benefits Administration Services Agreement (the
Agreement) by and between the City and Tri-Ad Actuaries, Inc. (the Administrator) to
carry out the administration of the Plan on behalf of the City in the form presented at this meeting
is hereby approved and the Mayor is authorized to execute, and the City Clerk to attest,
the Agreement in one or more
counterparts.5. The Administrator is hereby authorized and instructed to take such actions
that are deemed necessary and proper in order to implement the Plan, and to set up
adequate accounting and administrative procedures to provide benefits under the Plan, all in
accordance with the
Agreement.ADOPTED this 12th day of December,
2006
ATTEST:I, MARY E. MURPHY, City erk of the City of Orange, California, do hereby
certify that the foregoing Resolution was duly and regularly adopted by the City Council ofthe City
of Orange at a regular meeting thereof held on the 12th day of December, 2006, by the
following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:COUNCILMEMBERS: Murphy, Cavecche, Dumitru,
Bilodeau COUNCILMEMBERS:
None COUNCILMEMBERS:
Smith COUNCILMEMBERS:
None V!:::;;
tl/Mary ;~rP(y, CityClerk,--
Gi