Common use of ACA Cadillac Tax Clause in Contracts

ACA Cadillac Tax. The City Manager may opt to reopen this Master Agreement on the sole issue of timing of HSA/HRA contributions (Article 19, Section 1.B.) in lieu of the timing of contributions provided for in the third year of this Master Agreement. The City Manager will only trigger this reopener if the timing of the HSA/HRA contributions will expose the City to penalties under the ACA. The reopening is only for the timing of the contributions, and will not affect the amount of the HSA/HRA contribution. Such notice of reopener must be given by the City at least sixty (60) days prior to February 1, 2019. The reopening of this Master Agreement as set forth herein shall invoke the dispute settlement procedure set forth in O.R.C. Section 4117.14. The results of the negotiation process or any settlement reached by the parties will become effective January 1, 2020. If the parties have not reached settlement and/or completed the dispute settlement procedure set forth herein by October 1, 2019, the parties agree that they will make a non-binding temporary adjustment to the time of HSA/HRA contributions that will avoid penalties under the ACA, and such action will become effective January 1, 2020. The parties will then finalize the dispute settlement procedures set forth in O.R.C. Section 4117.14 with the results of the negotiation process or any settlement effective January 1, 2021.

ACA Cadillac Tax. The City Manager may opt to reopen this Master Agreement on the sole issue of timing of HSA/HRA contributions (Article 1918, Section 1.B.) in lieu of the timing of contributions provided for in the third year of this Master Agreement. The City Manager will only trigger this reopener if the timing of the HSA/HRA contributions will expose the City to penalties under the ACA. The reopening is only for the timing of the contributions, and will not affect the amount of the HSA/HRA contribution. Such notice of reopener must be given by the City at least sixty (60) days prior to February 1, 2019. The reopening of this Master Agreement as set forth herein shall invoke the dispute settlement procedure set forth in O.R.C. Section 4117.14. The results of the negotiation process or any settlement reached by the parties will become effective January 1, 2020. If the parties have not reached settlement and/or completed the dispute settlement procedure set forth herein by October 1, 2019, the parties agree that they will make a non-binding temporary adjustment to the time of HSA/HRA contributions that will avoid penalties under the ACA, and such action will become effective January 1, 2020. The parties will then finalize the dispute settlement procedures set forth in O.R.C. Section 4117.14 with the results of the negotiation process or any settlement effective January 1, 2021.

ACA Cadillac Tax. The City Manager may opt to reopen this Master Supplemental Agreement on the sole issue of timing of HSA/HRA contributions (Article 19, Section 1.B.) in lieu of the timing of contributions provided for in the third year of this Master Supplement Agreement. The City Manager will only trigger this reopener if the timing of the HSA/HRA contributions will expose the City to penalties under the ACA. The reopening is only for the timing of the contributions, and will not affect the amount of the HSA/HRA contribution. Such notice of reopener must be given by the City at least sixty (60) days prior to February 1, 2019. The reopening of this Master Supplement Agreement as set forth herein shall invoke the dispute settlement procedure set forth in O.R.C. Section 4117.14. The results of the negotiation process or any settlement reached by the parties will become effective January 1, 2020. If the parties have not reached settlement and/or completed the dispute settlement procedure set forth herein by October 1, 2019, the parties agree that they will make a non-binding temporary adjustment to the time of HSA/HRA contributions that will avoid penalties under the ACA, and such action will become effective January 1, 2020. The parties will then finalize the dispute settlement procedures set forth in O.R.C. Section 4117.14 with the results of the negotiation process or any settlement effective January 1, 2021.