Berkeley Municipal Code Art. 4 Dependent Care Assistance Accounts

The City will establish and maintain on its books a dependent care assistance account for each plan year with respect to each participant who has elected to receive dependent care assistance for the plan year. (Ord. 5851-NS § 1 (part), 1988)

There shall be credited to a participant’s dependent care assistance account for each plan year, as of each date compensation is paid to the participant in such plan year, an amount equal to the reduction, if any, to be made in such compensation in accordance with the participant’s election and compensation reduction agreement under the cafeteria plan. All amounts credited to such dependent care assistance account shall be the property of the City until paid out pursuant to Article 5. (Ord. 5851-NS § 1 (part), 1988)

A participant’s dependent care assistance account for each plan year shall be debited from time to time in the amount of any payment under Article 5 to or for the benefit of the participant for dependent care expenses incurred during such plan year. Amounts debited to each such dependent care assistance account shall be treated as payments of the earliest amounts credited to the account and not yet treated as paid under this sentence, under a "first-in/first-out" approach. (Ord. 5851-NS § 1 (part), 1988)

The amount credited to a participant’s dependent care assistance account for any plan year shall be used to reimburse the participant for dependent care expenses incurred during such plan year, and only if the participant applies for reimbursement on or before the ninetieth day following the close of the plan year. If any balance remains in the participant’s dependent care assistance account for any plan year after all reimbursements hereunder, such balance shall not be carried over to reimburse the participant for dependent care expenses incurred during a subsequent plan year, and shall not be available to the participant in any other form or manner, but shall remain the property of the City, and the participant shall forfeit all rights with respect to such balance. (Ord. 5851-NS § 1 (part), 1988)