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ARTICLE XIV. <br /> MEDICAL EXPENSE REIMBURSEMENT PLAN <br /> 14.1 Purpose. The purpose of this Article is to provide Participants with the opportunity to be <br /> reimbursed for certain eligible Medical Expenses as an Optional Benefit under the Plan. This <br /> Article is intended to qualify as a self-insured medical reimbursement plan under Section 105 of <br /> the Code so that payments received under this portion of the Plan are excludable from the gross <br /> income of the Participant under Section 105(b) of the Code. <br /> 14.2 Separate Written Plan. For purposes of Section 105 of the Code, this Article shall constitute a <br /> separate written plan providing for the reimbursement of certain Medical Expenses. To the extent <br /> necessary, other provisions of the Plan are incorporated by reference. <br /> 14.3 Definitions. <br /> (a) Claims Run-out Period means the period beginning on the first day following the close <br /> of the Grace Period and ending on thirty (30) days from the close of the Grace Period. <br /> (b) Dependent means an individual who is a Tax Dependent. <br /> (c) Highly Compensated Individual means an individual who is highly compensated as <br /> defined in Section 105(h)(5) of the Code. <br /> (d) Medical Expense means an expense incurred during the applicable Plan Year by a <br /> Participant, Spouse, or Dependent for medical care as defined in Section 213(d) of the <br /> Code, excluding premiums for health coverage and long-term care coverage. Medical <br /> care generally refers to the diagnosis, cure, treatment, or prevention of disease or for the <br /> purpose of affecting any structure or function of the body. Also included are reasonable <br /> transportation expenses for and essential to medical care. 'Medical Expense" includes <br /> over-the-counter drugs and medicines, only to the extent allowed by Section 106(f) of <br /> the Code. <br /> (e) Medical Expense Reimbursement Account ("ME Account") means the record <br /> keeping account established by the Plan Administrator for each Plan Year for each <br /> Participant from whom an Election to create such an account is received. <br /> 14.4 Medical Expense Account. The ME Account will be credited with the amount elected by the <br /> Participant at the beginning of the Plan Year. The election may consist of a salary reduction <br /> election and/or an election to allocate the Employer Contribution. A Participant's ME Account will <br /> be decreased from time to time in the amount of payments made to the Participant for eligible <br /> Medical Expenses incurred during the Plan Year and Grace Period. <br /> 14.5 Claims Determination. Claim submission, determination, and appeals shall be handled in <br /> accordance with Article VI. <br /> 14.6 Incurred Expenses. To be reimbursable, an eligible Medical Expense must have been incurred <br /> after participation in this portion of the Plan began and during the Plan Year for which <br /> reimbursement is claimed or the Grace Period related to such Plan Year. An expense is <br /> "incurred" when the Participant is provided with the care which gives rise to the eligible Medical <br /> Expense, not when the service is billed or paid. Reimbursement shall not be made for future <br /> projected expenses. Notwithstanding the foregoing, pursuant to and in accordance with the <br /> Cafeteria Plan Regulations, the Plan may reimburse Medical Expenses for orthodontia care in <br /> advance. <br /> 14.7 Reimbursement of Expense. The Participant shall be reimbursed as specified in Section 6.7 <br /> from the Participant's ME Account for eligible Medical Expenses incurred during the applicable <br /> Plan Year and Grace Period for which the Participant submits the documentation required under <br /> ©2012 Hitesman&Wold, P.A. 30 City of Elk River <br /> Flexible Benefits Plan <br />