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ARTICLE XVI. <br /> HSA CONTRIBUTION FEATURE <br /> 16.1 Purpose. The purpose of this Article is to provide for the pre-tax funding of an HSA under this <br /> Plan as an Optional Benefit. <br /> 16.2 Separate Written Plan. For purposes of Section 223 of the Code, this Article shall constitute a <br /> separate written plan. To the extent necessary, other provisions of the Plan are incorporated by <br /> reference. <br /> 16.3 Definitions. <br /> (a) HSA means a health savings account under Section 223 of the Code established and <br /> owned by a Participant to which contributions are made under this portion of the Plan. <br /> The trustee or custodian of the HSA shall be selected by the Participant from among <br /> several Employer-approved trustees and custodians. The Employer does not sponsor a <br /> Participant's HSA, and a Participant's HSA is not an employer-sponsored group health <br /> plan. <br /> (b) HSA Contribution Feature means the portion of the Plan described in this Article, <br /> which consists of the ability to contribute to a Participant's HSA through salary reduction <br /> and allocation of Employer Contributions, if any. <br /> (c) High Deductible Health Plan means a "qualifying high deductible health plan" under <br /> Section 223(c)(2) of the Code, including those not sponsored by the Employer. <br /> (d) Permitted Insurance or Permitted Coverage means: <br /> (1) insurance in which substantially all of the coverage relates to liabilities incurred <br /> under workers' compensation laws, tort liabilities, liabilities related to ownership <br /> or use of property, or similar liabilities as specified by the IRS; <br /> (2) insurance for specified disease or illness (e.g., cancer insurance); <br /> (3) insurance that pays a fixed amount per day (or other period) of hospitalization <br /> (e.g., hospital indemnity insurance); <br /> (4) coverage for accidents, disability, dental care, vision care, preventive care, or <br /> long-term care; <br /> (5) some medical reimbursement accounts and health reimbursement arrangements <br /> ("HRAs') (e.g., limited scope medical reimbursement accounts and HRAs, <br /> suspended HRAs, post-deductible medical reimbursement accounts and HRAs, <br /> and retirement HRAs); and <br /> (6) some wellness programs and employee assistance programs (e.g., those that do <br /> not provide significant benefits in the nature of non-preventive medical care or <br /> treatment). <br /> 16.4 Eligibility. To be eligible for HSA contributions, the Employee must: <br /> (a) be eligible to participate in this Plan under Section 3.1; <br /> (b) be covered by the High Deductible Health Plan; <br /> ©2012 Hitesman&Wold, P.A. 38 City of Elk River <br /> Flexible Benefits Plan <br />