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Chapter 4.40
EMPLOYEE CAFETERIA PLAN
Sections:
Art 1 Definitions
4.40.101 Administrator.
4.40.102 City.
4.40.103 Code.
4.40.104 Dependent care assistance plan.
4.40.105 Effective date.
4.40.106 Employee.
4.40.107 Highly compensated employee.
4.40.108 Participant.
4.40.109 Plan.
4.40.110 Plan year.
Art 2 Participation
4.40.201 Commencement of participation.
4.40.202 Cessation of participation.
Art 3 Optional Benefits
4.40.301 Benefit options.
4.40.302 Description of benefits other than cash.
4.40.303 Election of optional benefits in lieu of cash.
4.40.304 Election procedure.
4.40.305 Failure to elect.
4.40.306 Changes by administrator.
4.40.307 Irrevocability of election by the participant during the plan year.
4.40.308 Automatic termination of an election.
4.40.309 Maximum employer contribution.
Art 4 Administration of the Plan
4.40.401 Plan administrator.
4.40.402 Examination of records.
4.40.403 Reliance on tables, etc.
4.40.404 Indemnification of the administrator.
4.40.405 Nondiscriminatory exercise of authority.
4.40.406 Procedures for review of denial of benefits.
Art 5 Amendment or Termination of the Plan
4.40.501 Amendment of the plan.
4.40.502 Termination of the plan.
Art 6 Miscellaneous Provisions
4.40.601 Communication to employees.
4.40.602 Limitation of rights.
4.40.603 Unenforceable provisions.
4.40.604 Governing law.
The City of Berkeley Cafeteria Plan was adopted effective May 1, 1988 to provide the City’s employees with a choice between cash and benefits under the dependent care plan maintained by the City. This plan is intended to qualify as a "cafeteria plan" under Section 125 of the Code and is to be interpreted in a manner consistent with the requirements of Section 125. Terms used repeatedly in the text of the plan are defined in Article 1 in alphabetical order. (Ord. 5850-NS § 1 (part), 1988)