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HomeMy WebLinkAboutRES 010808-U - Amending Cafeteria PlanRESOLUTION NO. 0/0840B— ZI A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING THE CITY OF GEORGETOWN CAFETERIA PLAN, THE DAY CARE FLEXIBLE SPENDING ACCOUNT AND THE HEALTH FLEXIBLE SPENDING ACCOUNT WHEREAS, the City Council of the City of Georgetown, Texas (the "City") has heretofore adopted the City of Georgetown Employee Cafeteria Plan (the "Cafeteria Plan"), the City of Georgetown Health Care Spending Account Arrangement (the "Health FSA") and the City of Georgetown Day Care Spending Account Arrangement (the "Dependent FSA") (the Cafeteria Plan, the Health FSA and the Dependent FSA shall be collectively referred to herein as the "Plans") for benefit of the eligible employees of the City; and WHEREAS, the City desires to amend the Plans to incorporate certain design changes and legislative and regulatory developments into the Plans; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. Findings. The Plans be and hereby are amended pursuant to the terms of the instruments entitled "Third Amendment to the City of Georgetown Employee Cafeteria Plan" attached hereto as Exhibit A, "Third Amendment to the City of Georgetown Health Care Spending Account Arrangement" attached hereto as Exhibit B, and "Third Amendment to the City of Georgetown Day Care Spending Account Arrangement" attached hereto as Exhibit C, respectively, copies of which are attached hereto and are hereby directed to be marked for identification and filed with the records of the City, and the same are hereby approved and adopted on behalf of the City, effective as of the dates therein provided; and SECTION 2. Proceedings. The City Council of the City of Georgetown hereby directs that the appropriate officers of the City are hereby authorized and directed to do and perform all such acts and things, to sign such documents or instruments, and to take any other steps they or any of them may deem necessary, advisable, convenient or proper to effectuate the same and accomplish the purpose of the foregoing. RESOLVED this 8th day of January, 2008. APPROVED AS TO FORM: (//ria (26r-j)--- Patricia E. Carls City Attorney Cafeteria Plan Resolution No. 0/2807- Lt. ATTEST': Sandra D. Lee City Secretary THIRD AMENDMENT TO THE CITY OF GEORGETOWN EMPLOYEE CAFETERIA PLAN WHEREAS, the City of Georgetown, Texas (the "City") has heretofore adopted the City of Georgetown Employee Cafeteria Plan (the "Plan") for the benefit of its eligible employees; WHEREAS, the City desires to amend the Plan to change the Plan Year to a calendar year, and the City has determined that there is a valid business purpose for such change; and WHEREAS, the City desires to amend the Plan in certain other respects; NOW, THEREFORE, the Plan shall be amended as follows and such amendments shall supersede the provisions of the Plan to the extent those provisions are inconsistent with the provisions of such amendments: I. Effective as of January 8, 2008: 1. Sections 8.01 through 8.05 of the Plan shall be deleted and the following shall be substituted therefor: "8.01 Claims Procedures Except as provided in Section 8.02, claims for Plan benefits and reviews of Plan benefit claims that have been denied or modified will be processed in accordance with the written Plan claims procedures established by the Plan Administrator, which procedures are hereby incorporated by reference as a part of the Plan." 2. Section 8.06 of the Plan shall be renumbered as Section 8.02. II. Effective as of January 8, 2008: 1. The following shall be added after the phrase "to the Participant in cash as reimbursement" in the second sentence of Section 5.01(a) of the Plan: "(or, in the Plan Administrator's discretion, directly to the service provider)" 2. The following shall be added at the end of Section 5.01(a) of the Plan: "Alternatively, in the Plan Administrator's discretion and subject to any restrictions imposed by the Plan Administrator, benefits may be claimed through the Participant's use of a debit card or other stored -value card; provided, however, that the receipt of benefits in this manner shall be conditioned on substantiation of the expenses as required by the Plan Administrator." 3. The following shall be added at the end of Section 6.12 of the Plan: "Notwithstanding the foregoing, in the Plan Administrator's discretion and subject to any restrictions imposed by the Plan Administrator, a Participant may claim benefits from his Health Care Spending Account through use of a debit card or other stored -value card; provided, however, that the receipt of benefits in this manner shall be conditioned on substantiation of the expenses as required by the Plan Administrator." III. Effective as of October 1, 2007: 1. The following new Section 1.03A shall be added to the Plan: "1.03A "Approved HSA Vendor" means an HSA vendor that has been approved by the Company to market HSA products to its employees and to receive employer HSA contributions, if any, and employee pre- tax HSA contributions made through the Plan." 2. The following new Section 1.18B shall be added to the Plan: "1.18B "Health Savings Account or HSA" means a "health savings account" within the meaning of Code Section 223(d)." 3. The following new Section 1.18C shall be added to the Plan: "1.18C "HSA Eligible Participant" means a Participant in a health care program option that is a "high deductible health plan" within the meaning of Code Section 223(c)(2) and who is an "eligible individual" within the meaning of Code Section 223(c)(1)." 4. The following shall be added at the end of Section 3.02 of the Plan: "Notwithstanding anything to the contrary in the Plan or in any plan documents of the programs providing benefits under the Plan, in no event shall a Participant be permitted to elect Health Care Spending Account Benefits under Section 5.01(a) and coverage under any high deductible health plan (within the meaning of Code Section 223(c)(2)) sponsored by the City for the same Plan Year." 5. The following new Paragraph (d) shall be added to Section 5.01 of the Plan: "(d) Health Savings Account Benefit. The City may offer HSA Eligible Participants the option of establishing Health Savings Accounts with an Approved HSA Vendor. The terms of participation in the HSA (including, but not limited to, investments, account administration, and accepted rollovers) shall be determined by such Approved HSA Vendor except, to the extent that such terms are not set forth by such Approved HSA Vendor or such terms do not comply with Code Section 223 or other Internal Revenue Service guidance addressing HSAs, the terms of participation in the HSA shall be governed by Code Section 223 and such other Internal Revenue Service guidance. -2- (3) (1) Employee Contributions. An HSA Eligible Participant who has established an HSA with an Approved HSA Vendor may make contributions to such HSA with respect to any month through the Plan on a pre-tax basis pursuant to Section 5.03. Such contributions shall be subject to any limitations set forth by the Approved HSA Vendor except, to the extent that such Approved HSA Vendor has failed to set forth any limitations on contributions or such limitations conflict with Code Section 223 or other Internal Revenue Service guidance addressing HSAs, the terms of Code Section 223 or such other Internal Revenue Service guidance shall govern. An HSA Eligible Participant shall also be eligible to make a rollover contribution of a Qualified HSA Distribution, as defined under and in accordance with the provisions of the City's Health Care Spending Account Arrangement, to an HSA established by such Eligible Participant. (2) Employer Contributions. The City may, but is not required to, make contributions through the Plan to an HSA established with an Approved HSA Vendor by an HSA Eligible Participant. Such contributions, if any, will only be deposited in an HSA maintained by an Approved HSA Vendor and will be subject to the nondiscrimination requirements of Code Section 125 and any applicable limits on employer contributions set forth in Code Section 223 or other Internal Revenue Service guidance. Transfer or Rollover of HSA Balance to Non -Approved HSA Vendor. An HSA Eligible Participant may, at any time, transfer or rollover his or her HSA account balance to a vendor that is not an Approved HSA Vendor. However, any employee contributions made by or on behalf of an HSA Eligible Participant to an HSA maintained by a vendor that is not an Approved HSA Vendor must be made on an after-tax basis by the HSA Eligible Participant, and may not be made on a pre-tax basis through the Plan or through the City's payroll system. Further, employer contributions described in Paragraph (2) above, if any, will only be deposited in an HSA established with and maintained by an Approved HSA Vendor. (4) Other Distributions or Rollovers. Distributions and rollovers (other than a rollover described in Paragraph (3) above) from an HSA established by an HSA Eligible Participant shall be governed by Code Section 223, applicable Internal Revenue Service guidance, and the Approved HSA Vendor (to the extent that any limitations or requirements established by the Approved HSA Vendor do not conflict with Code Section 223 or other applicable Internal Revenue Service guidance). Taxation of such distributions and/or rollovers shall be determined under Code -3- (5) Section 223 and other applicable Internal Revenue Service guidance. Responsibilities of HSA Eligible Participant. An HSA is an individual account established by an HSA Eligible Participant with a vendor. Although HSA contributions made by or on behalf of an HSA Eligible Participant who has established an HSA with an Approved HSA Vendor may be made on a pre-tax basis through the Plan, an HSA is not intended to be an "employee welfare benefit plan" within the meaning of ERISA, and is not a benefit program established or maintained by the City. Other than contributions made by the City or forwarded through its payroll department, the City will not monitor HSA contributions (including determinations as to whether such contributions exceed the statutory limits), investments of HSA account balances, or distributions or rollovers from the HSA. Such determinations and monitoring are the responsibility of the HSA Eligible Participant. (6) Nondiscrimination Requirements. Contributions made pursuant to this Section 5.01(d) shall be subject to all applicable nondiscrimination requirements, including, without limitation, those contained in Section 4.07." 6. The first sentence of Section 3.05 of the Plan shall be deleted and the following shall be substituted therefor: "Changes in any and all Benefit elections shall be allowed only in accordance with Sections 3.05(a), 3.05(b), and 3.05(c) below." 7. The following new Paragraph (c) shall be added to Section 3.05 of the Plan: "(c) Health Savings Account Contributions. Subject to the limitations of Code Section 223 and notwithstanding anything to the contrary herein, each HSA Eligible Participant may, at any time during the Plan Year, change his or her election with regard to contributions to an HSA (and only such contributions), and such election change will be effective as of the first day of the first administratively practicable period of coverage under the HSA that is coincident with or next following the date such request for an election change is filed with the Plan Administrator. Further, subject to the limitations of Code Section 223, any Participant who ceases to be an HSA Eligible Participant may, at any time during the Plan Year, revoke an existing election with regard to contributions to an HSA (and only such contributions), and any such revocation will be effective on the first day of the first administratively practicable period of coverage under the HSA that is coincident with or next following the date the revocation request is completed and filed with the Plan Administrator." -4- IV. Effective as of October 1, 2008: 1. Section 1.18A of the Plan shall be deleted and the following shall be substituted therefor: "1.18A "Grace Period" means, with respect to any Plan Year, the period beginning on January 1 immediately following such Plan Year and ending on March l5th immediately following such Plan Year." 2. Section 1.25 of the Plan shall be deleted and the following shall be substituted therefor: "1.25 "Plan Year" means the twelve -consecutive month period commencing January 1 of each year, except that the period commencing October 1, 2008 and ending December 31, 2008 shall be a Plan Year." 3. Section 4.06 of the Plan shall be deleted and the following shall be substituted therefor: "4.06 Forfeiture of Unused Account Balances After the period for filing claims has expired for a Plan Year and after all properly submitted claims for benefits have been paid for such Plan Year and any applicable Grace Period, any amounts remaining in an Individual Benefit Account shall be forfeited by the Participant and restored to the City. Amounts so forfeited shall be applied by the City to reduce future administrative costs of the City in operating the Plan. Notwithstanding the foregoing, any credit balance remaining in an Individual Benefit Account that is a Health Care Spending Account or a Day Care Spending Account as of the end of a Plan Year shall be forfeited and applied in accordance with the provisions of the Health Care Spending Account Arrangement or the Day Care Spending Account Arrangement, as applicable." 4. The third sentence of the second paragraph of Section 5.01(a) shall be deleted and the following shall be substituted therefor: "In no event may the annual benefit provided for any Participant during any Plan Year and any Grace Period applicable thereto under this Section exceed $5,000, and such maximum annual benefit shall be prorated for any short Plan Year of less than twelve (12) months." 5. The fifth sentence of Section 5.01(b) shall be deleted and the following shall be substituted therefor: "In no event may the annual benefit provided for any Participant during any Plan Year and any Grace Period applicable thereto exceed $5,000, or, if the Participant is married and files a separate tax return, $2,500. Further, for the Plan Year beginning October 1, 2008 and ending December 31, 2008, benefits provided for -5- any Participant during such Plan Year and any Grace Period applicable thereto may not exceed the difference between the applicable maximum annual benefit set forth in the preceding sentence and the aggregate benefits provided for such Participant for the period from January 1, 2008 and September 30, 2008." 6. The last sentence of Section 6.12 of the Plan shall be deleted and the following shall be substituted therefor: "Year-end expense reimbursement claims must by submitted to the Plan Administrator on or before the last day of the second full month following the close of the Plan Year (or the Grace Period following such Plan Year, if applicable) for which the Benefit election is effective, and during which Plan Year (or the Grace Period following such Plan Year) such expense was incurred, in order to be eligible for reimbursement." V. As amended hereby, the Plan is specifically ratified and reaffirmed. IN WITNESS WHEREOF, the undersigned has caused these presents to be executed this ,IN day of 2008. THE CITORGETOWN By: Name:' GleM, Nebo /i) Title: MAYOR -6- II '/ 1, / Jl THIRD AMENDMENT TO THE CITY OF GEORGETOWN HEALTH CARE SPENDING ACCOUNT ARRANGEMENT WHEREAS, the City of Georgetown, Texas (the "City") has heretofore adopted the City of Georgetown Employee Cafeteria Plan (the "Cafeteria Plan") for the benefit of its eligible employees; and WHEREAS, the City has also heretofore adopted the City of Georgetown Health Care Spending Account Arrangement (the "Health FSA"), which forms part of and is incorporated by reference into the Cafeteria Plan; and WHEREAS, the City desires to amend the Health FSA to change the Plan Year to a calendar year, and the City has determined that there is a valid business purpose for such change; and WHEREAS, the City desires to amend the Health FSA in certain other respects; NOW, THEREFORE, the Health FSA shall be amended as follows and such amendment shall supersede the provisions of the Health FSA to the extent its provisions are inconsistent with the provisions of such amendment: I. Effective as of January 8, 2008, Section 4.02 of the Health FSA shall be deleted and the following shall be substituted therefor: "4.02 Claims for Benefits No benefit shall be paid hereunder unless a Participant has first submitted a written claim for benefits to the Plan Administrator on a form specified by the Plan Administrator. Claims that have been denied in whole or in part, may be appealed pursuant to the procedures set out in the City's Cafeteria Plan. Upon receipt of a properly documented claim, the City shall pay the Participant the benefits provided under this Arrangement within the time specified for payment under such Cafeteria Plan; however, the amount paid by the City to the Participant shall not exceed the lesser of: (i) the amount of the documented claim, or (ii) the amount the Participant has elected as his applicable level of Health Care Spending Account Benefit for the Plan Year reduced by the total amount of reimbursements already made by the City to on or behalf of the Participant under this Arrangement during the Plan Year and the applicable Grace Period. Subject to Section 4.04, Participants may submit a claim for reimbursement for a Qualifying Expense arising during the Plan Year or any applicable Grace Period at any time during the period that begins when the expense is incurred and ends on February 28th following the close of such Plan Year. Notwithstanding the foregoing, the Plan Administrator may, in its discretion, permit Participants to claim benefits under this Arrangement by charging Eligible Health Care Expenses to debit cards or stored -value cards in which case benefits will be paid directly to the service provider. The Plan Administrator may impose restrictions upon the use of such cards including, but not limited to, limiting use to certain Eligible Health Care Expenses and to certain service providers. The receipt of benefits in this manner shall be conditioned on substantiation of expenses as reasonably required by the Plan Administrator. In no event may any charge to a debit card or stored -value card exceed the amount the Participant has elected as his applicable level of Health Care Spending Account Benefit for the Plan Year reduced by the total amount of reimbursements and payments already made by the City to or on behalf of the Participant under this Arrangement during the Plan Year and the applicable Grace Period. The Plan Administrator may set a dollar limit for the minimum amount of reimbursements or payments made to or on behalf of a Participant; however, there shall be no such minimum requirement if the Participant's total account balance under this Arrangement is less than the minimum. When a Participant submits a claim for benefits or charges an expense to a debit card or stored -value card under this Arrangement during a Grace Period with respect to a Plan Year (a "Grace Period Claim"), such claim shall be subject to reimbursement or payment (to the extent it is a claim for Eligible Health Care Expenses incurred during the Plan Year or the Grace Period with respect thereto) from any amount of remaining coverage elected by such Participant for such Plan Year (less amounts paid out as of such date for Eligible Health Care Expenses during such Plan Year and the Grace Period with respect thereto). If a Grace Period Claim exhausts such Participant's remaining coverage for such Plan Year (as determined in the preceding sentence), the portion of such Grace Period Claim as is otherwise eligible for reimbursement or payment but which cannot be satisfied out of the remaining coverage for such Plan Year shall be reimbursed or paid from such Participant's elected coverage for the immediately succeeding Plan Year, if any. If such Participant has not elected coverage in this Arrangement for the immediately succeeding Plan Year, any such portion of a Grace Period claim as cannot be satisfied out of the coverage election for the prior Plan Year shall not be reimbursed or paid." II. Effective as of January 8, 2008: 1. The following new Section 1.07A shall be added to the Health FSA: "1.07A "Qualified HSA Distribution" means a distribution from a Participant's Health Care Spending Account to a health savings -2- account of the Participant (as defined in Code Section 223(d)) that does not exceed the lesser of the balance in the Participant's Health Care Spending Account (determined on a cash -basis) on September 21, 2006, or as of the date of such distribution and is elected and made in accordance with the requirements of Section 7.01. Such term shall not include more than one distribution with respect to any Participant's Health Care Spending Account." 2. The following shall be added at the end of Section 4.02 of the Health FSA: "Notwithstanding anything to the contrary in this Section 4.02, if a Participant elects to make a Qualified HSA Distribution in accordance with Section 7.01 of this Arrangement, the Participant's Health Care Spending Account shall be frozen as of the last day of the Plan Year during which such election was made and no further reimbursements or payments may be made from the account whether for claims or charges submitted but unpaid as of the last day of the Plan Year or for claims or charges submitted after the last day of the Plan Year. " 3. The first sentence of Section 6.04 of the Health FSA shall be deleted and the following shall be substituted therefor: "After the period for filing claims specified in Section 4.02 has expired for a Plan Year, after all properly submitted claims for benefits from Participants' Accounts have been paid for such Plan Year including claims regarding expenses incurred during any applicable Grace Period, and after any Qualified HSA Distributions from Participants' Health Care Spending Accounts elected by Participants prior to the end of such Plan Year have been distributed in accordance with Section 7.01, the Plan Administrator shall determine the total credits remaining in each Participant's Health Care Spending Account as of the end of the Plan Year. Such credits shall be forfeited by the Participants and shall remain the property of the City." 4. Section 7.01 of the Health FSA shall be deleted and the following shall be substituted therefor: "7.01 Unused Coverage at Plan Year End No Participant shall have the right to receive a benefit from the Arrangement in the form of cash or other taxable or nontaxable benefit (including health coverage for an additional period) from the Arrangement that reflects the amount by which the level of coverage selected by the Participant prior to the beginning of the Coverage Period exceeds the Participant's incurred health care expenses for such Plan Year and any applicable Grace Period for such Plan Year except as provided in this Section 7.01. Any Participant who is making an initial election for coverage under a high deductible health plan (within the meaning of Code Section -3- 223(c)(2)) sponsored by the City for a Plan Year commencing prior to January 1, 2012 and who would be an "eligible individual" (within the meaning of Code Section 223(c)(1)) on the first day of such Plan Year but for his participation in this Arrangement may elect to have a Qualified HSA Distribution made from his Health Care Spending Account as of the end of the immediately preceding Plan Year provided that such election is made (a) by the last day of the immediately preceding Plan Year and (b) before January 1, 2012. If a Participant makes such an election, such Participant's Health Care Spending Account shall be frozen as of the last day of the Plan Year in which the election was made, and no further reimbursements or payments may be made from the account whether for claims or charges submitted but unpaid as of the last day of the Plan Year or for claims or charges submitted after the last day of the Plan Year. A Qualified HSA Distribution elected under this Section 7.01 shall be made from this Arrangement directly to the trustee of the Participant's health savings account no later than the fifteenth day of the third month following the end of the Plan Year in which the election was made but after the Participant becomes eligible to establish the health savings account and in any event prior to January 1, 2012. In no event may more than one Qualified HSA Distribution be made from any Participant's Health Care Spending Account." III. Effective as of October 1, 2008: 1. The following shall be added at the end of the first sentence of Section 3.01 of the Health FSA: ", except that the $5,000 maximum level of benefit shall be prorated for any short Plan Year of less than twelve (12) months." 2. The last sentence of the first paragraph of Section 4.02 of the Health FSA shall be deleted and the following shall be substituted therefor: "Subject to Section 4.04, Participants may submit a claim for reimbursement for a Qualifying Expense arising during the Plan Year or any applicable Grace Period at any time during the period that begins when the expense is incurred and ends on the last day of the second full month following the close of such Plan Year and any applicable Grace Period." 3. The phrase "February 28th following the close of the Plan Year" in the last sentence of the first paragraph of Section 4.04 of the Health FSA shall be deleted and the phrase "the last day of the second full month following the close of the Plan Year and any applicable Grace Period" shall be substituted therefor. 4. The following shall be added to the end of Section 6.02 of the Health FSA: ", and such $5,000 limit shall be prorated for any short Plan Year of less than twelve (12) months." -4- IV. As amended hereby, the Health FSA is specifically ratified and reaffirmed. IN WITNESS REOF, the undersigned has caused these presents to be executed this ‘iiVi day of , 2008. THE CITT OF EORGETOWN By: Name: (v614-A Y N6--z_O71) Title: vMAYDR -5- ttr -)111)0)¢ l� THIRD AMENDMENT TO THE CITY OF GEORGETOWN DAY CARE SPENDING ACCOUNT ARRANGEMENT WHEREAS, the City of Georgetown, Texas (the "City") has heretofore adopted the City of Georgetown Employee Cafeteria Plan (the "Cafeteria Plan") for the benefit of its eligible employees; and WHEREAS, the City has also heretofore adopted the City of Georgetown Day Care Spending Account Arrangement (the "Dependent FSA"), which forms part of and is incorporated by reference into the Cafeteria Plan; and WHEREAS, the City desires to amend the Dependent FSA to change the Plan Year to a calendar year, and the City has determined that there is a valid business purpose for such change; and WHEREAS, the City desires to amend the Dependent FSA to reflect changes in the law; NOW, THEREFORE, the Dependent FSA shall be amended as follows and such amendment shall supersede the provisions of the Dependent FSA to the extent its provisions are inconsistent with the provisions of such amendment: I. Effective as of January 8, 2008: 1. The following shall be added to the end of Section 1.03 of the Dependent FSA: ", determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B)." 2. Section 1.12(b)(1) of the Dependent FSA shall be deleted and the following shall be substituted therefor: "(1) the care of a dependent of the Participant (as defined in Section 152(a)(1) of the Code) provided such services are not for an overnight camp or for any school expenses for schooling at or above the kindergarten level, or" II. Effective as of October 1, 2008: 1. The following shall be added to the end of the last sentence of Section 3.01 of the Dependent FSA: ", and for the Plan Year beginning October 1, 2008 and ending December 31, 2008, benefits provided for any Participant during such Plan Year and any Grace Period applicable thereto may not exceed the difference between the foregoing applicable limit and the aggregate benefits provided for such Participant for the period from January 1, 2008 and September 30, 2008." 2. Reference to "February 28" in the first paragraph of Section 4.02 of the Dependent FSA shall be deleted and reference to "the last day of the second full month" shall be substituted therefor. 3. The first sentence of Section 5.03 of the Dependent FSA shall be deleted and the following shall be substituted therefor: "In no event may benefits provided for any Participant during any Plan Year and any Grace Period applicable thereto exceed Five Thousand Dollars ($5,000), or, if the Participant is married (as defined in Code Section 21(e)(3)-(4)) and files a separate federal income tax return, Two Thousand Five Hundred Dollars ($2,500). Further, for the Plan Year beginning October 1, 2008 and ending December 31, 2008, benefits provided for any Participant during such Plan Year and any Grace Period applicable thereto may not exceed the difference between the applicable limit set forth in the preceding sentence and the aggregate benefits provided for such Participant for the period from January 1, 2008 and September 30, 2008." 4. Section 5.04 of the Dependent FSA shall be deleted and the following shall be substituted therefor: "5.04 Forfeiture of Unused Account Balances After the period for filing claims specified in Section 4.02 has expired for a Plan Year and after all properly submitted claims for benefits from Participants' Day Care Spending Accounts have been paid for such Plan Year including claims regarding expenses incurred during any applicable Grace Period, the Plan Administrator shall determine the total credits remaining in each Participant's Day Care Spending Account as of the end of the Plan Year. Such credits shall be forfeited by the Participants and shall remain the property of the City. In no event may a credit balance of a Participant's Day Care Spending Account be carried forward into a succeeding Plan Year." III. As amended hereby, the Dependent FSA is specifically ratified and reaffirmed. IN WITNESS REOF, the undersigned has caused these presents to be executed this day of t �e�� , 2008. THE CITYYIOF GEORGETOWN By: Name: /R Y Title: Y%?AVOR -2-