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i f1 2.13 Election means the choice of Optional Benefits and means of payment made by the Participant, as described in Article V. 2.14 Election Period means the period of time identified by the Plan Administrator prior to the start of a Plan Year during which a Participant may change his or her Election. For a Participant who enters the Plan other than at the start of a Plan Year, Election Period means the period of time identified by the Plan Administrator prior to the date on which the Eligible Employee begins participation during which an Eligible Employee may make an Election or change a deemed Election. 2.15 Eligible Employee means each Employee who has met the eligibility requirements of Section 3.1. 2.16 Employee means any person employed by the Employer and on the Employer's W-2 payroll on or after the Effective Date, except that it shall not include: (a) Any individual treated as being self-employed for purposes of Section 401(c) of the Code; (b) Any individual included within a unit of employees covered by a collective bargaining unit unless such agreement expressly provides for coverage of the employee under this Plan; (c) Any individual who is a nonresident alien and receives no earned income from the Employer from sources within the United States; (d) Any leased employee (including, but not limited to, those individuals defined in Code Section 414(n)) or an individual classified by the Employer as a contract worker, independent contractor, temporary employee or casual employee, whether or not any such persons are on the Employer's W-2 payroll or are determined by the IRS or others to be common-law employees of the Employer; and (e) Any individual who performs services for the Employer but who is paid by a temporary or other employment or staffing agency whether or not such individuals are determined by the IRS or others to be common-law employees of the Employer. 2.17 Employer means the City of Elk River. 2.18 Employer Contribution means amounts, if any, that have not been actually or constructively received by the Participant that are made available to the Participant by the Employer for the purpose of electing Core and Optional Benefits under the Plan. 2.19 ePHI means PHI maintained or transmitted in electronic media including, but not limited to, electronic storage media (i.e., hard drives, digital memory medium) and transmission media used to exchange information in electronic storage media (i.e., internet, extranet, and other networks). PHI transmitted via facsimile and telephone is not considered to be transmissions via electronic media. 2.20 Grace Period means the period of time beginning on the first day following the last day of a Plan Year and continuing through March 151" following the close of the Plan Year. i (a) Claims Incurred during the Grace Period. An eligible expense incurred during the Grace Period shall be deemed to have been incurred during both the preceding Plan Year and the current Plan Year. (b) Processing of Claims. Claims incurred during the Grace Period, and submitted prior to the close of the Claims Run-out Period, shall be first allocated to and reimbursed from the Participant's respective reimbursement-type account for the preceding Plan Year until such reimbursement-type account is exhausted. Thereafter, any such claims shall be ©2012 Hitesman&Wold, P.A. 4 City of Elk River Flexible Benefits Plan i I