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(f) Change in Coverage. <br /> (1) Significant Curtailment. If the Plan Administrator determines that coverage <br /> under an Optional Benefit (other than Health Care Expense Reimbursement Plan <br /> and Limited Scope Health Care Expense Reimbursement Plan) is significantly <br /> curtailed during a Plan Year, the Participant may prospectively enroll in another <br /> benefit package option providing similar coverage and make a corresponding <br /> Election change. Coverage under an accident or health plan is deemed <br /> "significantly curtailed" only if there is an overall reduction in coverage provided <br /> to Participants under the Plan so as to constitute reduced coverage to <br /> Participants in general. The Plan Administrator (in its sole discretion) will decide, <br /> in accordance with prevailing IRS guidance, whether a curtailment is <br /> "significant", and whether a benefit package option constitutes"similar coverage" <br /> based upon all the surrounding facts and circumstances. <br /> (2) Loss of Coverage. If the Plan Administrator determines that coverage under <br /> an Optional Benefit (other than Health Care Expense Reimbursement Plan and <br /> Limited Scope Health Care Expense Reimbursement Plan) is lost during a Plan <br /> Year, the Participant may, on a prospective basis: (i) enroll in another benefit <br /> package option providing similar coverage and make a corresponding Election <br /> change; or (ii) revoke his or her Election if no other benefit package option <br /> providing similar coverage is available. Coverage under an accident or health <br /> plan is deemed "lost" only if there is a complete loss of coverage under the <br /> benefit package option (e.g., due to elimination of the benefit package option) or <br /> other fundamental loss of coverage. The Plan Administrator (in its sole <br /> discretion) will decide, in accordance with prevailing IRS guidance, whether a <br /> "loss" has occurred, and whether a benefit package option constitutes 'similar <br /> coverage"based upon all the surrounding facts and circumstances. <br /> (3) Addition or Improvement of an Optional Benefit. If during a Plan Year, <br /> the Plan adds a new Optional Benefit or a new benefit package option under the <br /> Optional Benefit (other than the Health Care Expense Reimbursement Plan and <br /> Limited Scope Health Care Expense Reimbursement Plan), or if coverage under <br /> an existing Optional Benefit (other than the Health Care Expense Reimbursement <br /> Plan and Limited Scope Health Care Expense Reimbursement Plan) is significantly <br /> improved: (i) an affected Participant may prospectively change his/her Election <br /> with respect to the newly-added or improved Optional Benefit; and (ii) an Eligible <br /> Employee may commence participation in such Optional Benefit. The Plan <br /> Administrator (in its sole discretion) will decide, in accordance with prevailing IRS <br /> guidance, whether an Optional Benefit has been 'significantly improved" based <br /> upon all the surrounding facts and circumstances. <br /> (4) Change Under Another Employer-Sponsored Plan. A Participant may <br /> make a prospective Election change (other than with respect to the Health Care <br /> Expense Reimbursement Plan and Limited Scope Health Care Expense <br /> Reimbursement Plan) that is on account of and corresponds with a change made <br /> under another employer-sponsored plan (including a plan of the Employer or a <br /> plan of another employer), provided (i) the other cafeteria plan or qualified <br /> benefits plan permits its participants to make an Election change that would be <br /> permitted under the Cafeteria Plan Regulations; or (ii) this Plan permits <br /> Participants to make an Election for a Plan Year period of coverage which is <br /> different from the plan year period of coverage under the other cafeteria plan or <br /> Optional Benefit. The Plan Administrator shall determine, based on prevailing <br /> IRS guidance, whether a requested change is on account of and corresponds <br /> with a change made under another employer-sponsored plan. <br /> ©2012 Hitesman&Wold, P.A. 13 City of Elk River <br /> Flexible Benefits Plan <br />