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allocated to and reimbursed from the Participant's reimbursement-type account for the current Plan Year. Claims incurred during the Grace Period will be allocated based upon the date the claim is received. Once a claim is allocated, there shall be no changes, modifications, or adjustments to the allocation of the account. In accordance with this paragraph (a), a claim incurred during the preceding Plan Year and submitted during the Claims Run-out Period will be processed subsequent to a previously submitted claim incurred during the Grace Period, even if the account from the preceding Plan Year is exhausted by reimbursement of the claim incurred during the Grace Period. (c) Elections. No adjustment to a Participant's election for the current Plan Year shall be made or allowed based upon the amount of claims reimbursed from the prior Plan Year's account in accordance with paragraph (b) hereof. (d) Termination of Participation. Notwithstanding anything herein to the contrary, if(1) a Participant is a Participant on the last day of a Plan Year; and (2)the Participant has an account balance under an Optional Benefit as of the close of such Plan Year, then the Participant shall continue participating in that Optional Benefit for the entire Grace Period for the purpose of receiving reimbursements from such account balance. Such participation shall continue until the close of the Grace Period despite the fact that the Participant elects not to participate in the Optional Benefit for the following Plan Year or the Participant's participation in the Optional Benefit would otherwise terminate under Section 3.4(b) or 3.4(c) prior to the close of the Grace Period. 2.21 Highly Compensated Individual means individuals who are highly compensated as defined in Section 125(e)(2) of the Code. 2.22 Highly Compensated Participant means Participants who are highly compensated as defined in Section 125(e)(1) of the Code. 2.23 HIPAA means Health Insurance Portability and Accountability Act of 1996, and regulations thereunder, as amended from time to time. 2.24 HSA means a health savings account within the meaning of Section 223 of the Code. 2.25 Insurer means any insurance company that has issued a policy through which benefits are made available under this Plan. 2.26 IRS means the Internal Revenue Service. 2.27 Optional Benefits means the benefits made available through this Plan as follows: Non-Reimbursement., Reimbursement., • Group Medical Benefits • Medical Expense Reimbursement Plan • Family Group Dental Benefits • Dependent Care Expense • Additional Group Term Life Benefits Reimbursement Plan • Long Term Disability Benefits • Limited Scope Medical Expense • Short Term Disability Benefits Reimbursement Plan • HSA Contribution Feature • Cash Payment 2.28 PHI means health information that: (a) Is created or received by a health plan, health care provider, or health care clearinghouse; ©2012 Hitesman&Wold, P.A. 5 City of Elk River Flexible Benefits Plan