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Res 13-653RESOLUTION NO. 13 -653 A RESOLUTION of the City Council of the City of Federal Way, Washington, Amending Resolution 05 -465 Authorizing the Establishment of a Health Reimbursement ArrangementNoluntary Employees Beneficiary Association ("HRA VEBA ") Plan by Incorporating the Amended and Updated July 1, 2013 Plan. WHEREAS, the Internal Revenue Code Section 501(c)(9) allows for the creation of a voluntary employee's beneficiary association which is an employee sponsored tax- exempt health and welfare trust; and WHEREAS, IRS guidelines and regulations allow an employer to offer Health Reimbursement Arrangement ( "HRA ") plans; and WHEREAS, such HRA plans are available to government employees in the Northwest; and WHEREAS, the City Council for the City of Federal Way ( "City ") established the HRA plan for its employees in Resolution No. 05 -465, and WHEREAS, the City Council determines an HRA plan which provides a tax -free defined contribution amount for employees to pay for medical, dental, vision, and tax qualified long term care premiums and out -of- pocket expenses is in the best interest of the City and its employees; and WHEREAS, the Voluntary Employees' Beneficiary Association for Public Employees in the Northwest Trust ( "Trust ") offers and will administer an HRA entitled "Voluntary Employees Beneficiary Association Medical Expense Plan for Public Employees in the Northwest" as Amended and Restated July 1, 2013 ( "Plan "), and WHEREAS, the City desires to use the services of the Trust to administer such Plan; and Resolution'No. 13 -653 Page 1 of WHEREAS, such HRA established by the City will be administered in accordance with the Plan documents provided by the Trust on file in the City office. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Plan Established. Effective, January 1, 2014, the City hereby elects to participate in the Plan and Trust as presently constituted or hereafter amended using the Trust as its plan administrator for the benefit of eligible City employees as defined by employer policies or collective bargaining agreements. Section 2. Plan Funding. The Plan will be funded by employer contributions in amounts determined from time to time pursuant to employer policies and collective bargaining agreements. Section 3. Plan Administration. The Human Resources Manager is authorized to execute documents and establish procedures consistent with Plan and Trust provisions and applicable employer policies and collective bargaining agreements necessary to effect the adoption and administration of the Plan. Section 4. Severability. 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 Resolution No. 13 -653 Page 2 of 3 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 January 1, 2014. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this 3rd day of December, 2013. CITY OF FEDERAL WAY r a -r MAYOR, IP PRIEST ATTEST: Oaw How CITY CLERK, CAROL MCNEILLAJMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: 11 -25 -2013 PASSED BY THE CITY COUNCIL: 12 -3 -2013 RESOLUTION NO.: 13 -653 Resolution No. 13 -653 Page 3 of 3