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R 4637 RESOLUTION NO. 4637 A RESOLUTION OF THE CITY OF ARROYO GRANDE ADOPTING PROCEDURES FOR IMPLEMENTATION OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT ("ACA") WHEREAS, the Patient Protection and Affordable Care Act ("ACA") was enacted on March 23, 2010; WHEREAS, ACA added Section 4980H Shared Responsibility for Employers Regarding Health Care Coverage (Section 4980H) and Section 6056 Certain Employers Required to Report on Health Insurance Coverage (Section 6056) to Title 26 of the United States Code, the Internal Revenue Code; WHEREAS, Section 4980H imposes an assessable payment on an applicable large employer when (1) it fails to offer "substantially all" of its full-time employees (and their dependents) the opportunity to enroll in minimum essential coverage or offers coverage to "substantially all" of its full-time employees (and their dependents), but that coverage is either "unaffordable" or does not provide "minimum value" and (2) any full-time employee is certified to the employer as having received a subsidy for coverage through the exchange ("Assessable Payment"); WHEREAS, Section 6056 requires an applicable large employer to file with the Internal Revenue Service an annual return for each full-time employee; WHEREAS, the City of Arroyo Grande ("City") is considered an applicable large employer because it employed an average of at least 50 full-time employees (including full-time equivalents) on business days during the preceding calendar year; WHEREAS, the Department of Treasury issued final regulations regarding Section 4980H that permit the City of Arroyo Grande ("City") to adopt the Look Back Measurement Method Safe Harbor in order to determine the status of an employee as "full-time" for purposes of reporting and calculating the Assessable Payment, if any (79 Federal Register 8544, 8586, February 12, 2014); WHEREAS, the City of Arroyo Grande ("City") intends to adopt the provisions of the Look Back Measurement Method Safe Harbor in order to determine the full-time status of its employees for reporting purposes and for purposes of the Assessable Payment. WHEREAS, the Department of Treasury, issued final regulations regarding Section 4980H that permit the City of Arroyo Grande ("City") to use one of three affordability safe harbors for any reasonable category of employees as long as the safe harbor is applied on a uniform and consistent basis for all employees in the category (79 Federal Register 8544, 8599-8601, February 12, 2014); RESOLUTION NO. 4637 PAGE 2 WHEREAS, the City of Arroyo Grande ("City") intends to use the affordability safe harbors as contemplated in the final regulations; WHEREAS, the City of Arroyo Grande ("City") intends to use good faith efforts to comply with legal requirements under ACA despite that they have not yet been fully developed; and WHEREAS, the City of Arroyo Grande ("City") expects that further guidance and regulations may be issued regarding ACA. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. The City of Arroyo Grande hereby establishes the Look Back Measurement Method Safe Harbor with regard to all employees for the purpose of identifying full-time employees for calculation of the Assessable Payment and for IRS reporting purposes. 2. The City of Arroyo Grande does not establish the Look Back Measurement Method Safe Harbor for the purpose of determining eligibility for an offer of medical coverage for any employee. All represented employees' eligibility for an offer of medical coverage shall continue to be governed by the terms of any applicable Memorandum of Understanding and employees in the Management group shall be governed by the Management Resolution. 3. The City of Arroyo Grande hereby delegates authority to the City Manager, including his/her designee(s), to create an Administrative Policy that establishes measurement, administrative and stability periods, governs the measurement and tracking of employees' hours of service, and/or otherwise establishes procedures in accordance with Section 4980H to comply with the Look Back Measurement Method Safe Harbor. 4. For each reasonable category of employees, the City of Arroyo Grande in its sole discretion, but on a uniform and consistent basis for all of the employees in a reasonable category, will apply one of the three affordability safe-harbors (i.e. Form W-2 Safe Harbor, Rate of Pay Safe Harbor, or Federal Poverty Line Safe Harbor) to determine the affordability of the minimum value coverage that it offers its full-time employees. 5. The City of Arroyo Grande hereby delegates authority to the City Manager, including his/her designee(s), to establish an Administrative Policy to comply with any of the three affordability safe harbors in accordance with and as permitted by Section 4980H. RESOLUTION NO. 4637 PAGE 3 6. The City Manager, including his or her designee(s), shall have authority to create, modify or amend the Administrative Police to ensure the City's compliance with Sections 4980H and 6056 of the Internal Revenue Code. On motion of Council Member Barneich, seconded by Council Member Brown, and on the following roll call vote, to wit: AYES: Council Members Barneich, Brown, Costello, Guthrie, and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 25th day of November 2014. RESOLUTION NO. 1037 PAGE 4 TONY FER ,'A , MAYOR ATTEST: b�I/4 L /4111.../ KELLY T i•RE, CITY CLERK APPROVED AS TO CONTENT: ACTING CITY MANAGER APPROVED AS TO FORM: TII11 THY J. RL, CITY ATTORNEY OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 4637 was passed and adopted at a Regular meeting of the City Council of the City of Arroyo Grande on the 25th day of November, 2014. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 26th day of November, 2014. /' ` i / / 0 KELLY TM• 'E, CITY CLERK • •