Res 12-618RESOLUTION NO. 12-618
A RESOLUTION of the City Council of the City of Federal Way,
Washington, adopting the amended Cafeteria Plan Clarifying the Appeal
Process, amending Resolution 10-583.
WHEREAS, the Internal Revenue Code authorizes a Cafeteria Plan, which provides that
enrolled employees can make pre-t� contributions for medical and/or dependant care; and
WHEREAS, the City of Federal Way has provided a Cafeteria Plan for eligible employees
since 1995; and
WHEREAS, the Plan document has been updated, including new Health Insurance
Portability and Accountability Act (HIPAA) Notice of Privacy Practices and
WHEREAS, the Plan has been updated to include Day Care Flexible Spending and Health
Flexible Spending Arrangements; and
WHEREAS, the Plan administra.tor has requested an amendment to clarify the appeals
process;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. The amended Cafeteria Plan to clarify the processes, procedures and timelines of
claims appeals is hereby approved and adopted. The Claxifying Amendment, the Certificate of
Adopting Resolution and the Participant Communication are incorporated by reference herein. The
Mayor is hereby authorizec� and directed to execute and deliver to the Administrator of the Plan one
or more counterparts of the Plan.
Section 2. The Administrator shall be instructed to take such actions that are deemed
Resolution No. 12-618 Page I of 3
necessary and proper in order to implement the amendment to the Plan.
Section 3. The Mayor, or his designee, shall act as soon as possible to notify the employees
of the adoption of the amended Cafeteria Plan by delivering to each employee a copy of the summary
description of the Plan in the form of the Summary Plan Description, which form is hereby approved.
Section 4. Severabilitv. If any section, sentence, clause or phrase of this resolution should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this resolution.
Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to
make necessary corrections to this resolution including, but not limited to, the correction of
scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any
references thereto.
Section 6. Ratification. Any act consistent with the authority and prior to the effective date
of this resolution is hereby ratified and affirmed.
Section 7. EfFective Date. This resolution shall be effective immediately upon passage by
the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL QF THE CITY OF FEDERAL WAY,
WASHINGTON this 3rd day of April, 2012.
CITY OF FEDERAL WAY
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Resolution No. 12-618 Page 2 of 3
ATTEST:
,
CITY CLERK, CAROL M NEILLY, MC
APPROVED AS TO FORM:
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CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 03-28-2012
PASSED BY THE CITY COLTNCIL: 04-03-2012
RESOLUTION NO.: 12-618
Resolution IVo. 12-618 Page 3 of 3