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l <br /> IFF <br /> e. Unless otherwise required under applicable law (including regulatory guidance), a carryover of an <br /> account balance under a health FSA shall be available only to individuals who are eligible to make <br /> elections under the health FSA as of the first day of the plan year to which the carryover will be <br /> made (regardless of whether the individual actually elects to participate). <br /> f. A carryover shall n of count against the maximum reimbursement or benefit a participant may <br /> elect to receive under the health FSA. <br /> 5. ELIMINATION OF GRACE PERIOD UNDER HEALTH FSA( ). In no event shall a health FSA have a <br /> grace period and a carryover with respect to the same time period. The health FSA is hereby amended <br /> to eliminate the grace period provided thereunder. For purposes of this amendment, the term"grace <br /> period"shall refer to the period of time following the end of a plan year during which expenses incurred <br /> during that plan year and the new plan year may be reimbursed from the participant's account balance <br /> attributable to the plan year that j ust ended. The first grace period to be eliminated hereunder Is the <br /> grace period that follows the plan year referenced in Section 3 above. <br /> f 6. SUPERSEDING EFFECT. The provisions contained herein shall apply notwithstanding any language in <br /> the Plan to the contrary. <br /> IN WITNESS WHEREOF,this Amendment has been executed this 16th day of_ December <br /> 2013. <br /> By <br /> Its Mayor. <br /> By <br /> Its City Clerk <br /> fi <br /> Flex Plan Amendment 2 <br /> Health FSA Carryover <br />