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i <br /> I <br /> 8.8 Mistakes and Errors. It is recognized that in the administration of the Plan, certain <br /> administrative and accounting errors may be made or situations may arise by reason of factual <br /> errors in information supplied to the Employer or the Plan Administrator. The Employer and/or <br /> the Plan Administrator shall have the power to take such equitable steps as may be necessary to <br /> correct the mathematical, accounting or factual errors, as they, in their sole discretion, <br /> determine(s)to be appropriate. <br /> F 8.9 Limitation on Liability. The Employer does not guarantee benefits payable under any <br /> I insurance policy or other similar contract described or referred to herein, and any benefits <br /> thereunder shall be the exclusive responsibility of the Insurer or other entity that is required to <br /> provide such benefits under such policy or contract. <br /> 8.10 Governing Law. This Plan shall be construed and enforced according to the laws of Minnesota <br /> except to the extent preempted by federal law. <br /> 8.11 Family and Medical Leave Act of 1993. Notwithstanding any provision of this Plan to the <br /> contrary, this Plan shall be operated and maintained in a manner consistent with the Family and <br /> Medical Leave Act of 1993 ("FMLA'% as amended, and the Employer's FMLA policy required <br /> thereunder, provided the Employer is subject to FMLA. <br /> 8.12 Uniformed Services Employment and Reemployment Rights Act of 1994. <br /> Notwithstanding any provision of this Plan to the contrary, this Plan shall be operated and <br /> maintained in a manner consistent with the Uniformed Services Employment and Reemployment <br /> Act of 1994 ("USERRA"). The Plan Administrator may, within the parameters of the law, <br /> establish uniform policies by which to provide such continuation coverage required by USERRA, <br /> which shall be incorporated into this Plan by reference. <br /> 8.13 Genetic Information Nondiscrimination Act of 2008. Notwithstanding any provision of this <br /> Plan to the contrary, this Plan shall be operated and maintained in a manner consistent with the <br /> Genetic Information Nondiscrimination Act of 2008("GINA"). <br /> 8.14 Children's Health Insurance Program Reauthorization Act of 2009. Notwithstanding any <br /> provision of the Plan to the contrary, the Plan shall be operated and maintained in a manner <br /> consistent with the Children's Health Insurance Program Reauthorization Act of 2009 ("CHIPRA'�. <br /> ©2012 Hitesman&Wold, P.A. 22 City of Elk River <br /> Flexible Benefits Plan <br />