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<br />© 2012 Hitesman & Wold, P.A. City of Elk River <br />Flexible Benefits Plan <br />12 <br />Participant, a Participant’s Spouse, or a Participant’s dependent who has been entitled to <br />Medicare or Medicaid loses eligibility for such coverage, then the Participant may <br />prospectively elect to commence or increase the health or accident coverage provided <br />under this Plan (including the Health Care Expense Reimbursement Plan and Limited <br />Scope Health Care Expense Reimbursement Plan) of the person losing entitlement to <br />Medicare or Medicaid. <br />(e) Change in Cost. <br />(1) Automatic Increase or Decrease for Insignificant Cost Changes. If the <br />cost of an Optional Benefit (other than Health Care Expense Reimbursement Plan <br />and Limited Scope Health Care Expense Reimbursement Plan) increases or <br />decreases during a Plan Year by an insignificant amount, then the pre-tax <br />contributions or after-tax contributions (as applicable) under each affected <br />Participant Election shall be prospectively increased or decreased to reflect such <br />change. The Plan Administrator, on a reasonable and consistent basis, will <br />automatically effectuate this prospective increase or decrease in Participant <br />contributions in accordance with such cost changes. The Plan Administrator (in <br />its sole discretion) will decide, in accordance with prevailing IRS guidance, <br />whether increases or decreases in costs are “insignificant” based upon all the <br />surrounding facts and circumstances (including, but not limited to, the dollar <br />amount or percentage of the cost change). <br />(2) Significant Cost Increases. If the Plan Administrator determines that the cost <br />of an Optional Benefit (other than Health Care Expense Reimbursement Plan and <br />Limited Scope Health Care Expense Reimbursement Plan) significantly increases <br />during a Plan Year, the Participant may, on a prospective basis, either: (i) make <br />a corresponding increase in his or her Election; (ii) enroll in another benefit <br />package option providing similar coverage and make a corresponding Election <br />change; or (iii) revoke his or her Election if no other benefit package option <br />providing similar coverage is available. The Plan Administrator (in its sole <br />discretion) will decide, in accordance with prevailing IRS guidance, whether a <br />cost increase is significant and what constitutes “similar coverage” based upon all <br />the surrounding facts and circumstances. <br />(3) Significant Cost Decrease. If the Plan Administrator determines that the cost <br />of an Optional Benefit (other than Health Care Expense Reimbursement Plan and <br />Limited Scope Health Care Expense Reimbursement Plan) significantly decreases <br />during a Plan Year: (i) an Eligible Employee or Participant may commence <br />participation in such Optional Benefit; and (ii) the Plan Administrator shall <br />automatically effectuate a prospective decrease in a Participant’s Election with <br />respect to such Optional Benefit in accordance with the cost decrease. <br />Page 105 of 254