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I' t' (4) is the parent of the Participant's child who is a Qualifying Individual (e) Earned Income shall have the meaning given such term in Section 32(c)(2) of the Code (which refers to wages, salaries, tips and other Employee Compensation as well as net earnings from self-employment), but shall not include any amounts reimbursed by the Employer under this portion of the Plan. Further, if a Participant's Spouse is a Student or incapable of caring for himself or herself, the provisions of Section 21(d)(2) of the Code shall apply in determining the Earned Income of that Spouse. Generally, this Section provides that a Spouse of a Participant shall be deemed to have Earned Income of not less than $250 per month if there is one Qualifying Individual with respect to the k Participant or $500 per month if there are two or more Qualifying Individuals with respect to the Participant. i (f) Gainfully Employed means the earning of income for services performed or the period of active search for gainful employment. Nominal reimbursement for volunteer work is not considered gainful employment. (g) Highly Compensated Employees means Employees who are"highly compensated"as defined in Section 414(q) of the Code. (h) Non-Highly Compensated Participants means Employees who are not Highly Compensated Employees. (i) Qualifying Individual means a person for whom expenses can be submitted for reimbursement. A Qualifying Individual is an individual who is a"qualifying individual"as defined in Section 21 of the Code. Under Section 21 of the Code: (1) A Qualifying Individual is: i. the Participant's"qualifying child" under Section 152 of the Code who is under age thirteen (13); ii. the Participant's "qualifying child" under Section 152 of the Code (determined without regard to Sections 152(b)(1) and (b)(2) of the Code) who is mentally or physically unable to care for himself or herself; iii. the Participant's "qualifying relative" under Section 152 of the Code (determined without regard to Sections 152(b)(1), (b)(2), and (d)(1)(13) of the Code) who: (1) is mentally or physically unable to care for himself or herself; and (2) has the same principal place of abode as the Participant for at least one-half of the year; or iv. the Participant's Spouse who: (1) is mentally or physically unable to care for himself or herself; and (2) has the same principal place of abode as the Participant for at least one-half of the year. (2) With the exception of two parents that file income taxes jointly, only one person l is entitled to treat the child as a Qualifying Individual. Where multiple people are involved, there are two special rules to determine which person is entitled to treat the child as a Qualifying Individual. t ©2012 Hitesman&Wold, P,A, 34 City of Elk River (; Flexible Benefits Plan