RES NO 04-03-2016 CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. 4 -3 -2016
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,ARKANSAS, A
RESOLUTION TO BE ENTITLED:
ADOPTING THE LOOK-BACK MEASUREMENT METHOD
UNDER THE PATIENT PROTECTION AND AFFORDABLE
CARE ACT.
WHEREAS, the Patient Protection and Affordable Care Act ("ACA") added Section 4980H Shared
Responsibility for Employers Regarding Health Care Coverage to Title 26 of the United
States Code, the Internal Revenue Code (Section 4980H); and
WHEREAS, section 4980H imposes an assessable payment on an applicable large employer when either
(1) it fails to offer "substantially all" of its full-time employees (and their dependents) the
opportunity to enroll in minimum essential coverage, or it offers full-time employees (and
their dependents) coverage that is either not affordable or does not provide minimum value,
and (2) a full-time employee is certified to the employer as having received a subsidy for
coverage through the exchange ("Assessable Payment"); and
WHEREAS, the City of Van Buren is considered an applicable large employer because it employed an
average of at least 50 full-time and/or full-time equivalent employees on business days
during the preceding calendar year; and
WHEREAS, the Department of Treasury issued final regulations regarding Section 4980H, that permit
City of Van Buren to adopt a look-back measurement method in order to determine the
status of an employee as full-time for purposes of determining and calculating the
Assessable Payment 26 CFR Parts 1, 54, and 301, 79 Fed. Reg. 8543 (Feb. 12, 2014).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN
BUREN,ARKANSAS,THAT:
SECTION 1: The City of Van Buren hereby adopts the look-back measurement method for purposes of
determining employee status under Section 4980H.
SECTION 2: The City of Van Buren shall administer the look-back measurement method pursuant to (i)
the periods identified in this resolution, and (ii)the guidance set forth in 26 CFR Parts 1, 54,
and 301, 79 Fed. Reg. 8543 (Feb. 12, 2014) and other related notices and materials.
SECTION 3: The City of Van Buren adopts the following periods for purposes of administering the look-
back measurement method with regard to all ongoing employees for the 2016 plan year and
thereafter:
a) Starting in 2014, a 12 month standard measurement period will begin October 15, 2014 and end on
October 14, 2015. Subsequent standard measurement periods will begin on October 15th and end
on October 14th each year thereafter.
b) Starting in 2015, a 78 day administrative period for ongoing employees will begin on October 15,
2015 and end on December 31, 2015. Subsequent administrative periods for ongoing employees
will begin on October 15th and end on December 31st each year thereafter.
c) Starting in 2016, a 12 month stability period for ongoing employees will begin on January 1, 2016
and end on December 31, 2016. Subsequent stability periods for ongoing employees will begin on
January 1st and end on December 31st each year thereafter.
SECTION 4: The City of Van Buren adopts the following periods for purposes of administering the look-
back measurement method with regard to new variable hour employees hired on or after
October 15, 2014:
a. A 12 month initial measurement period will start the 1st of the calendar month after the new
variable hour employee's hire date, unless the hire date is the first of a calendar month in which
case the initial measurement period will start on that date.
b. An administrative period for new variable hour employees shall include (i) the period from hire
date to the beginning of the initial measurement period, if any, and, (ii)the period following the last
day of the initial measurement period through the last day of the first calendar month beginning on
or after the first anniversary of the employee's hire date.
c. A 12 month stability period for new variable hour employees will start immediately following the
administrative period.
SECTION 5: Participation in the City of Van Buren's health plan shall remain subject to eligibility
requirements set forth in the plan document. Furthermore, terminations of coverage for
non-payment or under-payment of plan premiums shall continue in accordance with
applicable policies or procedures set forth in the plan document, employee handbook, or
other pertinent materials.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve,
and adopt, by a vote of tQ for and 0 against, the foreg ing esolution at its regular meeting held on the 18th
of April 2016.
Robert D. ` -pian
Mayor
ATTESTED: eadii.2.).
A PRO S 0 FORM:
4244;4_,
Barbie Curtis Candice A. Settle
City Clerk/Treasurer City Attorney