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Article VI. An amount up to the sum of the Participant's Election and reduced as of any particular <br /> time for prior reimbursements for the same Plan Year and Grace Period, shall be available for <br /> reimbursement at all times during the Plan Year. Claims for reimbursement with respect to a Plan <br /> Year and Grace Period must be submitted prior to the close of the Claims Run-out Period for such <br /> Plan Year and Grace Period. <br /> In no case shall a payment be made which exceeds the annual balance remaining in the <br /> Participant's ME Account at the time reimbursement is processed. If a claim for reimbursement <br /> exceeds the balance in the Participant's ME Account, the excess part of the claim will be denied. <br /> Under no circumstances (a) will any balance remaining in a Participant's ME Account at the end <br /> of the Grace Period be carried over to the next Plan Year; or (b) will an otherwise eligible Medical <br /> Expense be carried over to the next Plan Year. <br /> 14.8 Maximum Reimbursement. The maximum reimbursement a Participant may receive for a <br /> Plan Year under this portion of the Plan shall be the lesser of: (1) $3,000; or (2) the maximum <br /> amount of salary reduction contribution that may be made to the Medical Expense <br /> Reimbursement Plan under applicable law. The maximum reimbursement amount applies to the <br /> Participant, Spouse, and Dependent on an aggregate basis, not an individual basis. <br /> 14.9 Reimbursement Upon Termination of Participation. If an individual ceases to be a <br /> Participant in this portion of the Plan, coverage shall cease (which means that reimbursements <br /> shall cease) unless benefits under the Plan are continued as provided in Section 14.14, if <br /> applicable. If coverage ceases, reimbursements for eligible Medical Expenses incurred before <br /> participation terminated may be reimbursed if submitted within thirty (30) days of the date on <br /> which participation terminated. <br /> 14.10 Participant's Death. In the event a Participant dies having incurred an eligible Medical <br /> Expense (a) which would have been reimbursable out of the Participant's ME Account had the <br /> Participant not died; and (b) for which a person or the Participant's estate has paid for or <br /> assumed liability, reimbursement may be made to that person or the estate for that payment or <br /> assumption. The remainder of the Participant's ME Account shall be forfeited in accordance with <br /> Section 5.6. <br /> 14.11 Nondiscrimination. This portion of the Plan shall not discriminate in favor of Highly <br /> Compensated Individuals as to eligibility to participate or benefits. If the Plan Administrator <br /> determines that this portion of the Plan is or may be discriminatory, the Plan Administrator may <br /> take action permitted by law to avoid such result as provided in Section 6.16. If the Plan fails <br /> any applicable nondiscrimination requirements, Highly Compensated Individuals shall have <br /> taxable income imputed to the extent required by law. <br /> 14.12 ME Account Forfeiture. <br /> (a) ME Account Claims Grace Period. The Claims Grace Period shall apply to this <br /> Optional Benefit. <br /> (1) Length. The Claims Grace Period for the Medical Expense Reimbursement Plan <br /> shall expire on March 15th of the following year. <br /> (2) Processing of Claims. Claims incurred during the Claims Grace Period, and <br /> submitted prior to the close of the Claims Run-Out Period, shall be first allocated <br /> to and reimbursed from the Participant's ME Account for the preceding Plan Year <br /> until such ME Account is exhausted. Thereafter, any such claims shall be <br /> allocated to and reimbursed from the Participant's ME Account for the current <br /> Plan Year. Claims incurred during the Claims Grace Period will be allocated <br /> based upon the date the claim is received. Once a claim is allocated, there shall <br /> be no changes, modifications, or adjustments to the allocation of the account. <br /> ©2012 Hitesman&Wold, P.A. 31 City of Elk River <br /> Flexible Benefits Plan <br />