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ORD 2001-10 - Cafeteria Plan 2002 04-10-2001ORDINANCE NO. 2001-10 AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING ITS CAFETERIA PLAN TO PROVIDE FOR A NEW PLAN YEAR BEGINNING JANUARY 1, 2002 AND MAKING OTHER CHANGES RELATED THERETO; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City desires to change the Plan Year of its Cafeteria Plan in order to provide for a Plan Year that coincides with the calendar year; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: Ordinance No. 88-13, An Ordinance of the City of Huntsville, Texas, Establishing a Cafeteria Plan for the City of Huntsville, Texas is hereby amended as follows: (A) Article H "Definitions" is amended by amending Section 2.04 "Anniversary Date" and adding a new Section 2.20 "Plan Year" which shall read as follows: 2.04 Anniversary Date. Anniversary date shall be the first day ofJanuary, each and every year. 2.20 Plan Year. The Plan Year shall start on the first day of January of each year and end on the 31St day of December of each year. (B) Article XII "Election to Receive Medical Care Expense Reimbursements," Section 12.10 "Limits on time and amount of reimbursements" is amended by amending the first sentence to read as follows: 12.10 Limits on time and amount of reimbursements. Reimbursements shall be made for any Plan Year under this Article, only if the Participant applies for such reimbursement in accordance with Sectionl2.7 on or before the March 31 It following the close of the Plan Year except for the Plan Year ending June 30, 2001. SECTION 2: If any portion of this Ordinance shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the City Council determines that it would have adopted this Ordinance without the invalid provision. SECTION 3: This Ordinance shall take effective immediately from and after the date of its passage; however, the provisions relating to a Plan Year starting January 1, 2002 shall become effective so as to implement a new Plan Year commencing January 1, 2002, and the amendments will not effect the Plan Year ending June 30, 2001. In addition, the City will observe a partial plan year from July 1, 2001, to December 31, 2001, in order to make the changeover to a new plan year and the provisions of the City's Cafeteria Plan shall be applied and interpreted in a manner to effect the changeover and within the meaning and the requirements of Section 125 of the Internal Revenue Code of 1954, as amended. PASSED AND APPROVED THIS 10TH DAY OF APRIL, 2001. cux;V 7 1 TEXAS William B. Green, Mayor T S Danna Welter, City Secretary APPROVED AS TO FORM: "-Paul C. Isham, City Attorney