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R-91-1608 - 5/23/1991RESOLUTION NO. 1608R WHEREAS, pursuant to Section 125 of the Federal Tax Code, the City is authorized to provide a Cafeteria Plan to its employees whereby certain non-taxable benefits may be offered under the Plan each year, and WHEREAS, the City desires to implement the Plan by initially offering only the pre-tax employee -paid health insurance premium benefit, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City hereby adopts the Cafeteria Plan, a copy of which is attached hereto and incorporated herein. RESOLVED this 23rd day of May, 1991. MIKE RO:INSON, Mayor City of Round Rock, Texas ATTEST: Y mAil t /2ffi - NE LAND, Ci y Secretary RS05231D City of Round Rock Section 125 "Draft" for Public Employees Plan Document Section 125. Plan for City of Round Rock employees. (hereinafter called the Plan). The Plan consists of the provisions set forth in this document, and is applicable to each City employee upon the date they become a "Participant" by signing and filing the Participation Agreement referred to herein with the Administrator (Personnel Manager). ARTICLE I Definitions A definition of words and terms used in this plan document is attached, entitled Exhibit "A", and by this reference is made a part of the Plan. ARTICLE II Election to Section 125 (Section 106) Coverage under health plan. Premiums paid by employees for health coverage will be non-taxable from gross income for any calendar month for a period of one calendar year only if an agreement providing for such a plan is entered into before the beginning of such month. Upon signing the Participation Agreement, the Participant elects to participate in this Plan and consents to the Employer reducing the employee's taxable wages by the amount specified (health premiums) in the Participation Agreement for each pay period for a full plan year. The participant may revoke his election to participate in non-taxable premium during the calendar year providing that the following had occurred: Change in a marital status, new born, death (which would change insurance deduction). All changes must be specified by signing and filing with the Personnel Manager (Administrator) a written revocation or amendment on a form and procedural manner approved by the Administrator. Change would take effect on the first of the following month. Participants may increase the non-taxable premium during the calendar year providing the following had occurred: Change in marital status, new born, death or if there is a change in benefits offered with the City of Round Rock, or change in cost of premium offered. Employees are required to make corresponding change in their premium payments, the cafeteria plan may, on a reasonable and consistent basis, automatically increase or decrease, as the case may be, all affected participants elective contributions or after-tax employee contributions for such health plans. Alternatively, if the premium amount significantly increases, a cafeteria plan may permit participants either to make a corresponding change in the premium payments or to revoke their elections and, in lieu thereof, to receive on a prospective basis. coverage under another health plan with similar coverage. No elective adiustment by participants' contributions or revocations of participants' elections other than those provided for in the preceding sentence may be permitted under a cafeteria plan on account of changes in the cost of health plan. EXHIBIT "A" "Draft" Definitions The following terms shall, for the purpose of the Plan have the meaning set forth herein. 1. Administrator means. the person, department, appointed by the Employer to administer the plan. 2. Premium means. all City employee and Council contributions paid bi-weekly or monthly to employer for health insurance coverage for family, spouse, or children. 3. Employer means. the City of Round Rock. 4. Participant means. an individual who is eligible to elect health premium benefit under Section 125 of Internal Revenue Code and who participates under the plan by signing the Participation Agreement. (City employees and elected officials.) 5. Participation Agreement means. the application to the Administrator to participate in the Plan which is also entitled "Consent to Compensation Change". 6. Plan means, the Section 125 cafeteria plan which allows non-taxable benefit of health premium for City of Round Rock Ebnployees. (Excluded from gross wages, federal tax liability and FICA liability.) 7. Plan Year means, the calendar year in which the plan becomes effective, and each succeeding calendar year during the existence of this plan. SECTION 125 (IRS TAX CODE) Cafeteria Plan (Pre -Tax Employee Paid Health Insurance Premiums) This plan is geared to inclued only insurance premiums paid by employees. Other items can be included but substantially complicate administration and understanding of the plan. This illustration is for preliminary information only. Example of how the plan works: Current Cafeteria Pay. Plan Method Method Monthly Pay $1,600.00 $1,600.00 Less Insurance Premitan(*1) $0.00 ($220.00) Add FICA Credit $132.48 $11426 Gross Taxable Wages$1,732.48 $1,494.26 Deductions: Federal Tax (Eit 18 4A) ($311.85) ($268.97) FICA Tax (@ 7.6541/0) ($132.53) ($114.31) Insurance Premium (*I) ($220.00) $0.00 Net Pay $1,068.10 $1,110.99 Increased Take -Home pay(*2) $42.89 /month City Saves $36.43 /month/employee $39,346.56 /year (estimate) *1 Based upon current cost for family coverage *2 May be affected by cost of administering the plan "Draft" City of Round Rock Section 125 Premium Only Participation Agreement "Consent to Compensation Change" Employee Name Date SS# Department Address Health Premium Deduction bi-weekly to be deducted from taxable gross wages: Amount Employee & Family $ Employee & Spouse $ Employee & Children $ I understand that I may increase the premium during the calendar year providing the following had occurred: Change in marital status. new born. death or if there is a change in benefits offered with the City of Round Rock. or change in cost of premium offered. And I understand I may revoke my election to participate during the calendar year providing that the following had occurred: Change in a marital status. new horn. death. otherwise there may be no changes within the plan year. I authorize my employer to reduce my taxable wages by the above amount which is being deducted for my health insurance coverage. The amount is within compliance with the IRS Section 125. I do hereby elect to participate in health premiums only under Section 125 of the IRS Code to begin Month Year to the end of the plan year Month Year Employee's Signature Date Administrator's Acknowledgment Date I do not wish to participate in the Section 125 plan. Employee's Signature Date DATE: May 21, 1991 SUBJECT: City Council Meeting. May 23. 1991 ITFM: 12.D. Consider a resolution adopting a "Cafeteria Plan" allowing for pre-tax payment of health insurance premiums for City employees. STAFF RESOURCE PERSON: David Kautz/Linda Gunther STAFF RECCM ENDATION: Under authorization of Section 125 of the Federal Tax Code, the City has the opportunity to provide a Cafeteria Plan to the employees whereby certain non-taxable benefits may be offered under the plan each year. Staff is recommending implementing the plan by initially offering only the pre-tax employee paid health insurance premium benefit. Other items can be included. but substantially complicate administration and understanding of the plan. The pre-tax employee paid health insurance premium benefit allows the employee to pay health insurance premiums for dependents prior to inclusion in gross taxable income. Since the employee is able to pay premiums with pre-tax dollars, the amount of gross taxable income is less. Consequently, income tax and social security taxes are less. The result is an increase in the participating employee's net "take home" pay. The City also benefits in that the social security taxes which are paid by the City are substantially reduced. Please see the attached Exhibit A for an illustration of how the "premium only" benefit works.