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<br />© 2012 Hitesman & Wold, P.A. City of Elk River <br />Flexible Benefits Plan <br />9 <br />ARTICLE IV. <br />CONTRIBUTIONS <br />4.1 Salary Reduction Contributions. To the extent the cost of Benefits exceeds the Employer <br />Contribution, a Participant may elect in accordance with the Election procedures described in <br />Article V to receive his or her full Compensation in cash, or to have a portion of such <br />Compensation applied by the Employer toward the Participant’s share of the cost of Benefits. If <br />so elected, the Participant’s Compensation will be reduced, and an amount equal to the reduction <br />shall be allocated by the Employer to the Benefits designated by the Participant. A Participant’s <br />Compensation shall be reduced by pro-rata amounts of the Participant’s total salary reduction <br />Election. Salary reduction is done on a pre-tax basis before any withholdings have been made. <br />The frequency of salary reduction contributions shall be two (2) payrolls per month. <br />Notwithstanding the foregoing, if participation in a Benefit extends to the last day of the month in <br />which a Participant’s employment terminates, if necessary, additional salary reduction <br />contributions shall be taken from the Participant’s final pay check to pay for the coverage <br />provided during the period of time following the date on which the Participant’s employment <br />terminates. <br />4.2 Imputation of Income. To the extent a Participant participates in an Optional Benefit that <br />covers a Dependent who is not the Participant’s Spouse or Tax Dependent, the entire cost of <br />coverage for Optional Benefits for which the Participant is responsible shall be paid pre-tax <br />through this Plan and the fair market value of the coverage for that Dependent shall be imputed <br />as income to the Participant as the coverage is provided (pursuant to Cafeteria Plan Regulations). <br />This provision applies regardless of whether the cost of coverage is paid by salary reduction or <br />allocation of available Employer Contributions, if any. <br />4.3 Salary Deduction Contributions. The Employer may require that amounts for which the <br />Participant is responsible, but which cannot be paid with pre-tax dollars through salary reduction <br />described above, be funded with after-tax dollars pursuant to a salary deduction agreement. <br />Such salary deductions shall be made on a periodic basis and relate to a Participant’s <br />Compensation after taxes and withholdings have been made. <br />4.4 Employer Contribution. The Employer makes a fixed dollar contribution per month per <br />Participant based upon such Participant’s coverage level (or lack of coverage) under the Group <br />Medical Benefits. The Employer Contribution must be first allocated to pay the costs of Core <br />Benefits. The amount of the Employer Contribution shall be communicated to the Participants <br />prior to the start of each Plan Year so that they may consider it in making their Elections. The <br />amount of the Employer Contribution may change from year to year as announced by the <br />Employer prior to the Plan Year start. Participants who work less than forty (40) hours per week <br />receive a prorated Employer Contribution based upon hours worked. No Employer Contribution <br />shall be credited to any Employee during a period of leave of absence, whether authorized or <br />unauthorized, unless required by the Family Medical Leave Act (“FMLA”). <br />4.5 Maximum Under the Plan. Under no circumstances may a Participant’s total salary reduction <br />exceed the sum of (a) the cost of insurance or insurance-type Benefits, plus (b) the maximum <br />Election amounts permitted under the reimbursement-type Optional Benefits, plus (c) the <br />maximum Election amount permitted under the HSA Contribution Feature, minus (d) the <br />Employer Contribution, if any. <br />4.6 No Trust. Nothing in this Plan is intended to require the establishment of a trust. The portion <br />of benefits paid under this Plan attributable to Employer Contributions, if any, is paid from the <br />Employer’s general assets. The portion of benefits paid under this Plan attributable to Participant <br />contributions including, but not limited to, salary reduction amounts is paid from the Employer’s <br />general assets. <br /> <br />Page 102 of 254