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Page 1: AN ORDINANCE - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_120861.pdf · The first half of the Flexible Spending Account Program, Dependent Care Assistance Program (DCAP) was
Page 2: AN ORDINANCE - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_120861.pdf · The first half of the Flexible Spending Account Program, Dependent Care Assistance Program (DCAP) was
Page 3: AN ORDINANCE - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_120861.pdf · The first half of the Flexible Spending Account Program, Dependent Care Assistance Program (DCAP) was

McKirmey/GoDzalez

SMC45002006/10/02

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AN ORDINANCE relating to the Health Care Subfund of the General Fund; amendingSeattle Municipal Code Section 4.50.020 to clarify uses of the Health Care Subfund;

amending Seattle Municipal Code Section 4.100.020 to provide for the Personnel

Director to collect and deposit savings from salary reduction agreements into the

Health Care Subfund; and repealing Section 5 of Ordinance 120489.

WHEREAS, on November 22, 1999, the City Council passed Ordinance 119762, which

amended prior ordinance language relating to the Health Care Subfund of the

General Fund; and

WHEREAS, on August 20, 2001, the City Council passed Ordinance 120489, further

clarifying uses of the Health Care Subfund; and

WHEREAS, on November 13, 2001, the City Council passed Ordinance 120626, amendingthe Health Care Subfund language in Ordinance 119762 and codifying this language

in a new Section 4.50.020 of the Seattle Municipal Code; and

WHEREAS, the Personnel Director has approved the implementation of a salary reduction

agreement program for eligible health care expenses; and

WHEREAS, the Council now wishes to incorporate some of the revisions passed in

Ordinance 120489 but inadvertently left out of Ordinance 120626 and to provide for

the administration of the salary reduction agreement program for eligible health care

expenses;

NOW THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Section 4.50.020 of the Seattle Municipal Code, Ordinance 119762 as amended,

is further amended as follows:

4.50.020 Heath Care Subfund ((41esefve)).

There is hereby created in the City Treasury, as a Subfund of the General Fund, a

"Health Care Subfund" into which are paid all City employee((.5)) and eligible retiree

contributions to the medical, vision, dental, employee assistance, flexible spending accounts

including dppendent care assistance and health care spending, and any additional health care

programs contemplated b y ((this-))ordinance., ((and-))all money otherwise accruing to the

I

Page 4: AN ORDINANCE - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_120861.pdf · The first half of the Flexible Spending Account Program, Dependent Care Assistance Program (DCAP) was

McKinney/Gonzalez

SMC45002006/10/02

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City under such programs, and such other revenues..as may be authorized by ordin tnce, and

from which special funds shall be paid all liabilities incurred by the City by reason of such

medical, vision, dental, eMployee assistance, ...flexible ~pending accounts includin

doendent care assistance and health care Mending, and any idditional health care

programs, and such other expenditures as may be authorized by ordinance. A separate

Reserve ((Aec~))of the Health Care Subfund is hereby created to hold the reserves

necessary to obtain and maintain approval by the State of Washington Risk Manager for the

City's self-insured medical ( and dental heaUh-))care program authorized under Chapter

48.62 RCW. The Reserve ((Aee~))shall maintain a balance which is equal to at least

two months and ten days of projected health care claims and non-City administrative costs

under the self-insured plans, and shall be administered in compliance with applicable law

including State of Washington self-insurance regulations, Chapter 236-22 WAC.

-fl-- 4:~~ A, 0--- StIb A((The Fina-nee Difeetor- is atAeiized to +--a-as. --fids ffom thel-T. -- --I ... - - - ft

reseFves. )

Section 2. Seattle Municipal Code Section 4.100.020, Plan, policies and

administration, Ordinance 114160 as amended, is further amended as follows:

The Finance and Personnel Directors shall be responsible for developing plans,

policies and procedures to guide, implement, administer and monitor those salary reduction

programs authorized in Section 4.100.010 of this chapter. The Personnel Director shall bill

and collect from City dgpartments and offices on a monthly, quarterly or annual basis the

FICA and Medicare savings realized from salga reduction agreements entered into between

Mployees and the City for the dgpendent care and health care savings accounts (i.e.,

flexible ~pending accounts) pursuant to the Internal Revenue Code, 26 U.S.C. Sections 125

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McKinney/Gonzalez

SMC450020

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V #4

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and 129. FICA and Medicare revenue collected under this authority shall be &posited into

the Health Care Subfund to offset the administrative costs of the salary reduction

agreements.

Section 3. Section 5 of Ordinance 120489 is hereby repealed.

Section 4. This ordinance shall take effect and be in force thirty (30) days from and

after its approval by the Mayor, but if not approved and returned by the Mayor within ten

(10) days after presentation, it shall take effect as provided by Municipal Code Section

1.04.020.

Section 5. Any acts made consistent with the authority and prior to the effective

date of this ordinance are hereby ratified and confirmed.

Passed by the City Council the g~ day of -y-OkA 2002, and signed byC71

'r-Ame in open session in authentication of its passage this :~L~-day of ,T-o k-4

2002.

Gr(~gor~ickels, Mayor

eter Stei~brueck, President of the City Council

Approved by me this '31 day of

Filed by me this,~~L day of 2002.

(SEAL)Judith.." Pippin, City Cleik

3

Page 6: AN ORDINANCE - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_120861.pdf · The first half of the Flexible Spending Account Program, Dependent Care Assistance Program (DCAP) was

FISCAL NOTE

Department: Contact Person/Phone: CRO Analyst/Phone:

Personnel Raquel Gonzalez 684-0945 Diane Clausen 684-8151

Legislation Title:

AN ORDINANCE relating to the Health Care Subfund of the General Fund; amending Seattle

Municipal Code Section 4.50.020 to clarify uses of the Health Care Subfund; amending Seattle

Municipal Code Section 4.100.020 to provide for the Personnel Director to collect and deposit

savings from salary reduction agreements into the Health Care Subfund; and repealing Section 5

of Ordinance 120489.

Summary of the Legislation:

This ordinance cleans up and updates the Health Care Subfund municipal code by (1) reinserting

language from Ordinance 120489 inadvertently dropped in Ordinance 120626, and (2) allowing

for the revenues and expenditures related to the City's flexible spending programs for the

Dependent Care Assistance Program and Health Care Program to flow through the Health Care

Subfund. In addition, this ordinance clarifies billing procedures for the two flexible spending

programs.

Background (Include justification for the legislation and funding history, if applicable):

The first half of the Flexible Spending Account Program, Dependent Care Assistance Program

(DCAP) was implemented in 1996 (Ordinance 11832 1). At the request of the j oint Labor

Management Health Care Committee the second half of the program, Health Spending Account

(HSA) is being implemented.

Back in ,

Public Private Partnership Review Status:

Is the project referenced in the legislation subject to P4 review? Ifyes, identify P4 review to

date.

NO

Is the legislation subject to public hearing requirements? Ifyes, whatpublic hearings have

been held to date?

NO

Page 7: AN ORDINANCE - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_120861.pdf · The first half of the Flexible Spending Account Program, Dependent Care Assistance Program (DCAP) was

Fiscal Sustainability Issues (related to grant awards):

Estimated expenditures and revenues for the program are based on an open enrollment that

occurred at the end of April 2002.

Estimated Expenditure Impacts:

FUND (List# and/or Accoun~ 2002 2003 2004

0062_7- 11cafth Care Subfwid $29,694 $60,807.76 $62,632.00

I

TOTAL1 ,$29,694 $60,807.76, $62,632.00 __j

One-time - $7,500

Estimated Revenue Impacts:

On-going - Approximately $30,000.00

FUND (List# and/or Account) 2002 2003 2004

00VUi fleakh Care Subfund $59,036.66 $60,807.76 $62,632.00

TOTA-L_j "S59,036.66

1

$60,807.761

$62,632.00

One-time $ On-going - Approximately $60,000.00

The Health Care Spending Accounting enrollment has met with great success with a higher than

anticipated number of employees enrolling in the program. Based on the initial enrollment in the

program and feedback received, this level of enrollment should continue which will generate

revenues that are slightly higher then expenditures. Revenues related to the program that exceed

expenditures will be used to offset costs to the City (such as the monthly employee cost) and to

provide enhancements to the program.

Estimated FTE Impacts: NONEFUND

TOTAL

2002 2003 2004

Do positions sunset in the future? If yes, identify sunset date?

Not Applicable.

Other Issues (including long-term implications of the legislation):

g:\Iabor\akord\forms\ordinancefiscalnote.doc//06/10/2002 3:02 PM

Page 8: AN ORDINANCE - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_120861.pdf · The first half of the Flexible Spending Account Program, Dependent Care Assistance Program (DCAP) was

City of Seattle

Gregorv J. Nickels MavorI

Office of the Mayor

June 18, 2002

Honorable Peter Steinbrueck

President

Seattle City Councilh

Municipal Building, 11' Floor

Dear Council President Steinbrueck:

I am transmitting the attached ordinance for Council consideration.

This ordinance cleans up and updates the Health Care Subfund municipal code by (1)

reinserting language from Ordinance 120489 inadvertently dropped in Ordinance 120626,

and (2) allowing for the revenues and expenditures related to the City's flexible spending

programs for the Dependent Care Assistance Program and Health Care Program to flow

through the Health Care Subfiind. In addition, this ordinance clarifies billing procedures for

the two flexible spending programs. It further amends SMC 4.100.020 to provide for the

Personnel Director to collect and deposit savings from salary reduction agreements into the

Health Care Subfund.

Thank you for your consideration of this legislation. Should you have questions please

contact Raquel Gonzalez at 4-0945.

600 Fourth Avenue, 12'h Floor, Seattle, WA 98104-1873

Tel: (206) 684-4000, TDD: (206) 684-8811 Fax: (206) 684-5360, E-.mail: [email protected] equal employment opportunity, affhmative action employer. Accommodations for people with disabilities provided upon

Page 9: AN ORDINANCE - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_120861.pdf · The first half of the Flexible Spending Account Program, Dependent Care Assistance Program (DCAP) was

STATE OF WASHINGTON - KING COUNTY--SS.

148345 No. ORDINANCE IN FULL

City of Seattle,Clerk's Office

Affidavit of Publication

The undersigned, on oath states that he is an authorized representative of The Daily Journal of

Commerce, a daily newspaper, which newspaper is a legal newspaper of general circulation and it is nowand has been for more than six months prior to the date of publication hereinafter referred to, published in

the English language continuously as a daily newspaper in Seattle, King County, Washington, and it is nowand during all of said time was printed in an office maintained at the aforesaid place of publication of this

newspaper. The Daily Journal of Commerce was on the 12th day of June, 1941, approved as a legal

newspaper by the Superior Court of King County.

The notice in the exact form annexed, was published in regular issues of The Daily

Journal of Commerce, which was regularly distributed to its subscribers during the below stated period.

The annexed notice, a

CT:ORDINANCE 120861

was published on

8/9/2002

01,

C~~

1 111

Subscribed and sworn to before me on

8/9/2002

Notary public for the Sta& of Washington,

residing in Seattle

Affidavit of Publication

Page 10: AN ORDINANCE - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_120861.pdf · The first half of the Flexible Spending Account Program, Dependent Care Assistance Program (DCAP) was

State of Washington, King County

- - ---------

Citv of Seattle

ORDINANCE 320S61

AN' ')RLH~NANNC,~, -elat muo tho

,:,rif'

y ~; 4:'m

'

efthc, C,ee

"rovicc ."'r th~

sovim'~s f'om'

Mie tt~,

C."re

the ~w the

'As' z3t~ Aoqk", 20, 2._AM~ ~be Cj""

0."Pity.f'g

WHF RE~5S' iy"r 131 ~ze

cit".

th,, HnN.h "a-e ~,l,hitmd

in )-'971~2 ;~-.d

W-',M~FAS,.~Tpr~w,: the imp!~.,npntl~twn sf~~Rj~~

af-,-r,,;er~~ prn.p-he,,3t h c0re "Jx~nses: and

pani ~',r e~jg':~18

'WHEP7A'~:;

izz'orpora"~ ve'lsiolls pasa~'~ 5r.

~2048q bw J?f" I;t of

0,diaance i2~l6_16 n~ '. pro,~,4,c fer ,he

et theagpce-

proga-m ior ~h~,qble'beaJth care

es;

NOW THEREFORY,'P.E IT 0R))AJN.'ED RY Tim crry 0i,

SEXI'MF AS FOLLOWS:

81,Tt~Ml 1, "eculr, 4,50.020(& the Sett~,

OrJ~r.o-e 0762 a;s aro~nd'_

,e,;,is ffirthk~, anje;tdd a6 i-oRow"

4~50.020 Cgre SubfundA~F 80- A

~_-ea~ed ",

,Oth into ~hici; arp, piidil,; City am

,

p1wee, wl'i eligjNe contri-

d,,zt,31,

health ca'eppoil'ame

~on~e.mp~~ted by 4o~

,o

"tl mq~ and mol mpic~. spe~al ~'h.l

2k19AdUw'aed

P;

and "d<h ~th~r "nay?uthcl~izcd by ,rjjn&n, e. A

~,P.qrat~ Res~r'c2;~@UMM oNh'~ H~m"~ti Car~~ Subfund Is h~reb'y

oht~in nd if."llintain appm,af ,,, the Of

W.s4iT~glwn fbr t16 6.~f,

ed pledice.;~are pre,

au,gi, 'hQriQ- UndeT, Ch,,zpter 48 62 RUN.The pp~rve 0~0~ S~1311 M'ajr'~A~'

~ v balnme,Awb iAqwA u-,

atleast, tw~qnonth, ,nddDys of heidth cpr~ and

~.llinist'q "t, 'rtive nnd~ 01C

anc~

~' fl:~ton 8cifrewalation'!

UrpIcer 236-22 WAC.

'i~- a , 'tion, on 2. Seam'e muni";PAI code ~'e~

N" fl~i, admijilstr.,

Page 11: AN ORDINANCE - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_120861.pdf · The first half of the Flexible Spending Account Program, Dependent Care Assistance Program (DCAP) was

STATE OF WASHINGTON - KING COUNTY--sS.

148345

City of Seattle,Clerk's Office

Affidavit of Publication

8/9/2002

The undersigned, on o#th states that he is an authorized representative of The Daily Journal of

Commerce, a daily newspaper, which newspaper is a legal newspaper of general circulation and it is now

and has been for more than six months prior to the date of publication hereinafter referred to, published in

the English language continuously as a daily newspaper in Seattle, King County, Washington, and it is nowand during all of said time was printed in an office maintained at the aforesaid place of publication of this

newspaper. The Daily Journal of Commerce was on the 12' day of June, 1941, approved as a legal

newspaper by the Superior Court of King County.

The notice in the exact form annexed, was published in regular issues of The Daily

Journal of Commerce, which was regularly distributed to its subscribers during the below stated period.

The annexed notice, a

CT:ORDINANCE 120861

was published on

8/9/2002

Affidavit of Publication

No. ORDINANCE IN FULL

Notary public for the Sta& of Washington,

residing in Seattle'ZI

"OTARy

0.........

0,P W AS//111111WO

Page 12: AN ORDINANCE - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_120861.pdf · The first half of the Flexible Spending Account Program, Dependent Care Assistance Program (DCAP) was

State of Washington, King County

Utv of Seattle

AN (MM5 NANCE

Sc.atde Munic Pa.. i~,d~ to

t.-N~~t cmd de~aosit.,.

pesl~tion

gr~em~nt~ jiuj:

to S ..

~fj

;

- .d~ Scc,,~.Ii

&am

p; of

Ni,,ml~r 22, 199v.C11" "ou-i! jw~,,~d Ammanco 1.91-12, V,~,~ch

c,~-ride.4 priar. ~lrdmamo mlaftg toth~,

liezu~l,car~ fec the 6~npr,~!

F(sn'l; am-

%VI',av

jn Ordl.~.,r.ve I ;R7" and codifm",

,Nfuni6Vai f_od~;

WHIM~Ag, I-Wremu-

,,i)p,o,..ed t~w

m'--th?.! ~t -Pelsos; and

WiISREAS, P~,e Coun~;l nowe some .1 Lt., rc~;~ior- pa'sed ;Z!

14_N._~'9 bW madonent:y let*, "n-L of

Ordin-n--s 12W~26 and 10 pro'i d~ fo, the

mentes:

N,40W TUFREFORE,

BE OP OROMNED BY THE CITY oFSENIVIX AS FOUOWSz

4,56.020

If',I! ~ b -`~; lid of

I Fua `Iieldh Care

Sabbu?d",;--"R (',

,

o.,c 1,,,,,;d

, -J~y U

1;-tson~ to i inedi

- -Z~tu, and

LXv *)"A

2cl.ruin?

'o tKe Citv-qndc, su~t,

am 6p_jj Nlid~ sba;! 1,~,

le -Iim:urred

mre pm.od',w expctv.,hwr~~ as jna~ im,

4u',hOrtzsd bv ordizwwe' A*t~,P~Tmv Rose,-~

fl'the heqah care ~,

cveWld to 15o,d mo re-~Pv~_,

msu, ed snedical *11 M~e PI",gr4n`~ zM~burize~ '-Ilider C~-p~er 48 632 ROWThe Reervq.A@@oq 617wlt mainta" 'p, a bala',.hich is equal to ot least M. rnou,""hs

T~d t=rk

days of ',Jealttz ~6re vf~,irqs andadminf5t'ativs 0,1~r under ~hp

P,an-, and 4h,4 3)e b---nw,j,IneIed in campli.s,;ce ~ith ~o, including Stote ~f

%'3shi,-.Pt,m

Ch-Plef 236,22,VAC.

4 1,"

`ect'" Z ~08t"eN14ni~~Pa` Cb& Fe~~iQn