CC Resolution No. 02-128 RESOLUTION NO. 02-128
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO A MENDING
THE CITY'S IRS SECTION 125 FLEXIBLE BENEFIT PLAN
WHEREAS the City of Cupertino provides a flexible benefit spending account program
to employees in compliance with Section 125 of the Internal Revenue Code, and
WHEREAS, recent amendments to the Internal Revenue Code require modifications to
the City's flexible spending plan.
NOW, THEREFORE BE IT RESOLVED that the City of Cupertino hereby authorizes
modifications to its flexible spending plan as referenced in Attachment A.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 1st day of July, 2001 by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the City Council
Lowenthal, Chang, James, Kwok, Sandoval
None
None
None
ATTEST:
City Clerk
APPROVED:
Resolution No. 02-128
Page 2
"ATTACHMENT A'
AMENDMENT
To
City of Cupertino Flexible Benefit Plan
The City of Cupertino Flexible Benefit Plan is amended in the following respects effective July
1, 2002.
I. Section 9 is amended in its entirety to read as follows:
9.1 Determinations. The Employer (or the Employer's designee) shall notify a Participant
in writing within 30 days of his written application for benefits of his eligibility or non-eligibility
for benefits under the Plan unless special circumstances require an extension of time for
perfecting the claim. Notice must be given to the claimant of the extension within 30 days of his
submission of the claim. The notice must specify the reason for the extension of the date with
which a decision is expected to be rendered.
9.2 Notice. If the Employer (or the Employer's designee) determines that a Participant is
not eligible for all or part of the benefits, the notice shall set forth (a) the specific reasons for
such denial, (b) a specific reference to the provision of the Plan on which the denial is based, (c)
a description of any additional information or material necessary for the claimant to perfect his
claim and a description of why it is needed, and (d) an explanation of the Plan's claims review
procedure and other appropriate information as to the steps to be taken in the event the
participant wishes to submit the denied claim for review.
9.3 Review. If a Participant is determined to be ineligible for benefits, or if the Participant
believes that he is entitled to greater or different benefits, he shall have the opportunity to have
his denied claim reviewed by the Committee by filing a petition for review with the Committee
within 180 days after he received the claim denial notice. The petition shall state the specific
reasons, which the Participant believes, entitle him to benefits or to greater or different benefits.
Within 60 days after the Committee receives the petition for review, the Committee shall afford
the Participant (and his counsel, if any) an opportunity to present his position to the Committee
orally or in writing, and the Participant (or his counsel) shall have the right to review the
pertinent documents.
9.4 Decision. The Committee shall notify the Participant of its final decision in writing
within the 60-day period after receiving the request for review stating specifically in writing the
basis of the decision in a manner calculated to be understood by the Participant and the specific
provisions of the Plan on which the decision is based. Ifa Participant dies, the same procedure
shall apply to his beneficiaries.
G:\City ClerkLResolutions~2002 Resolutions\02-128 IRS Code 125 amendments.doc