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ARTICLE III. <br /> ELIGIBILITY AND PATICIPATI®N <br /> 3.1 Initial Eligibility Requirements. In general, Eligible Employees include all full-time <br /> Employees and part-time Employees working at least thirty-two (32) hours or more per week. <br /> Seasonal and temporary employees are not eligible. <br /> 3.2 Notification to Participants. The Plan Administrator shall provide each Eligible Employee <br /> written notice of the Employee's eligibility to participate in the Plan. <br /> 3.3 Application for Participation. <br /> (a) Generally. In general, unless an Eligible Employee is deemed to have made an Election <br /> as provided in Section 5.1, to become a Participant, an Eligible Employee shall execute <br /> and deliver to the Plan Administrator within the time period established by the Plan <br /> Administrator, a written application signed by the Eligible Employee in which the Eligible <br /> Employee: <br /> (1) applies to participate in the Plan; <br /> (2) designates the required portion of Compensation for the pre-tax and after-tax (if <br /> any) contributions; <br /> (3) makes a benefit Election; and <br /> (4) supplies any other pertinent information that the Plan Administrator may <br /> reasonably require. <br /> By signing such application or agreement, the Eligible Employee shall be deemed for all <br /> purposes to have agreed to participate and to conform to the requirements of the Plan. <br /> Such application or agreement may be the same as, or separate from, the application or <br /> agreement required to participate in any Optional Benefit under this Plan. Alternatively, <br /> or in addition to, the Plan Administrator may require or permit application of same scope <br /> by electronic means. <br /> (b) Effective Date. Participation in the Plan shall begin on the first day of the month <br /> following the date on which the Employee becomes eligible to participate or, if later, as <br /> soon as administrative feasible following submission of the written application. <br /> Notwithstanding the foregoing, for new hires, if an Eligible Employee executes and <br /> delivers such written application to the Plan Administrator within thirty (30) days of <br /> employment, then pursuant to Cafeteria Plan Regulations participation in this Plan is <br /> retroactive to the first of the month following the date of hire. However, salary reduction <br /> contributions to pay for coverage during the period preceding the submission of the <br /> application shall be taken prospectively from compensation paid following submission of <br /> the application. <br /> 3.4 Termination of Participation. A Participant automatically ceases to be a Participant at <br /> midnight of the earliest of the following dates: <br /> (a) the date of the death of the Participant; <br /> (b) the last day of the month containing the date of termination of the Participant's <br /> employment with the Employer; <br /> (c) the last day of the month containing the date of the Participant's failure to meet the <br /> eligibility requirements of Section 3.1, as may be amended from time to time; or <br /> ©2012 Hitesman&Wold,P.A. 7 City of Elk River <br /> Flexible Benefits Plan <br />