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10.6 Nondiscrimination. To the extent the Group Dental Benefits are subject to Section 105(h) of <br /> the Code, they shall not discriminate in favor of Highly Compensated Individuals with respect to <br /> eligibility to participate or benefits. If the Plan Administrator determines that the Group Dental <br /> Benefits are or may be discriminatory, the Plan Administrator may take action permitted by law <br /> to avoid such a result as described in Section 6.16. If the Group Dental Benefits fail any <br /> applicable nondiscrimination requirements, Highly Compensated Individuals shall have taxable <br /> income imputed to the extent required by law. <br /> 10.7 Medical Child Support Orders. Notwithstanding any provision of this Plan to the contrary, this <br /> Plan shall recognize child support orders regarding coverage under the Group Dental Benefits to <br /> the extent required by applicable law. <br /> 10.8 Continuation of Coverage. Continued coverage shall be provided under the Group Dental <br /> Benefits, if it is required under, and in accordance with, the Consolidated Omnibus Budget <br /> Reconciliation Act of 1985 ("COBRA'S, as amended, and, as reflected in the Public Health Services <br /> Act ("PHSA'�, as amended. There shall also be compliance with applicable state laws concerning <br /> continuation of coverage to the extent not preempted by federal law. <br /> 10.9 HIPAA. The Group Dental Benefits shall comply with the Privacy Rules and Security Rules under <br /> HIPAA (if applicable) as further provided in the Insurance Contract. <br /> ©2012 Hitesman&Wold, P.A. 26 City of Elk River <br /> Flexible Benefits Plan <br />