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04-9543r 143 RESOLUTION NO. 9543 RESOLUTION AUTHORIZING AMENDMENT TO THE CITY OF RICHFIELD HEALTH CARE AND DEPENDENT DAY CARE FLEXIBLE SPENDING ACCOUNT PLAN WHEREAS, the City of Richfield previously adopted the City of Richfield Health Care and Dependent Day Care Expense Reimbursement Plan (Plan) January 1, 1991; and WHEREAS, the (Plan) provides employees with an opportunity to pay for certain employee welfare benefits on a pre-tax basis; WHEREAS, the City of Richfield considers it desirable and in the best interests of the Plan to make the following amendment to the Plan; NOW, THEREFORE, BE IT RESOLVED that pursuant to the authority reserved in the Plan to allow amendments to the Plan, the Plan is amended as follows: . The Plan will operate using the Final COBRA Regulations issued May 26, 2004. BE IT FURTHER RESOLVED that any authorized persons of the City are hereby authorized to make such contributions from the funds of the City as are necessary to carry out the provisions of said Plan at any time; and BE IT FURTHER RESOLVED that in the event any conflict arises between the provisions of said Plan and the Employee Retirement Income Security Act of 1974 (ERISA) or any other applicable law or regulation (as such law or regulation may be interpreted or amended), the City shall resolve such conflict in a manner which complies with ERISA or such law or regulation. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of November 2004. -y;;;-J ... ~\ lU / 1/ t1NWi7/-'~,) iC~ Martin J. Kirs'cb.Jl1ayor ATTEST: ~~ Nancy Glbb, Ity Clerk