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4.13 SR 05-06-2024
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4.13 SR 05-06-2024
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<br />© 2012 Hitesman & Wold, P.A. City of Elk River <br />Flexible Benefits Plan <br />13 <br />(f) Change in Coverage. <br />(1) Significant Curtailment. If the Plan Administrator determines that coverage <br />under an Optional Benefit (other than Health Care Expense Reimbursement Plan <br />and Limited Scope Health Care Expense Reimbursement Plan) is significantly <br />curtailed during a Plan Year, the Participant may prospectively enroll in another <br />benefit package option providing similar coverage and make a corresponding <br />Election change. Coverage under an accident or health plan is deemed <br />“significantly curtailed” only if there is an overall reduction in coverage provided <br />to Participants under the Plan so as to constitute reduced coverage to <br />Participants in general. The Plan Administrator (in its sole discretion) will decide, <br />in accordance with prevailing IRS guidance, whether a curtailment is <br />“significant”, and whether a benefit package option constitutes “similar coverage” <br />based upon all the surrounding facts and circumstances. <br />(2) Loss of Coverage. If the Plan Administrator determines that coverage under <br />an Optional Benefit (other than Health Care Expense Reimbursement Plan and <br />Limited Scope Health Care Expense Reimbursement Plan) is lost during a Plan <br />Year, the Participant may, on a prospective basis: (i) enroll in another benefit <br />package option providing similar coverage and make a corresponding Election <br />change; or (ii) revoke his or her Election if no other benefit package option <br />providing similar coverage is available. Coverage under an accident or health <br />plan is deemed “lost” only if there is a complete loss of coverage under the <br />benefit package option (e.g., due to elimination of the benefit package option) or <br />other fundamental loss of coverage. The Plan Administrator (in its sole <br />discretion) will decide, in accordance with prevailing IRS guidance, whether a <br />“loss” has occurred, and whether a benefit package option constitutes “similar <br />coverage” based upon all the surrounding facts and circumstances. <br />(3) Addition or Improvement of an Optional Benefit. If during a Plan Year, <br />the Plan adds a new Optional Benefit or a new benefit package option under the <br />Optional Benefit (other than the Health Care Expense Reimbursement Plan and <br />Limited Scope Health Care Expense Reimbursement Plan), or if coverage under <br />an existing Optional Benefit (other than the Health Care Expense Reimbursement <br />Plan and Limited Scope Health Care Expense Reimbursement Plan) is significantly <br />improved: (i) an affected Participant may prospectively change his/her Election <br />with respect to the newly-added or improved Optional Benefit; and (ii) an Eligible <br />Employee may commence participation in such Optional Benefit. The Plan <br />Administrator (in its sole discretion) will decide, in accordance with prevailing IRS <br />guidance, whether an Optional Benefit has been “significantly improved” based <br />upon all the surrounding facts and circumstances. <br />(4) Change Under Another Employer-Sponsored Plan. A Participant may <br />make a prospective Election change (other than with respect to the Health Care <br />Expense Reimbursement Plan and Limited Scope Health Care Expense <br />Reimbursement Plan) that is on account of and corresponds with a change made <br />under another employer-sponsored plan (including a plan of the Employer or a <br />plan of another employer), provided (i) the other cafeteria plan or qualified <br />benefits plan permits its participants to make an Election change that would be <br />permitted under the Cafeteria Plan Regulations; or (ii) this Plan permits <br />Participants to make an Election for a Plan Year period of coverage which is <br />different from the plan year period of coverage under the other cafeteria plan or <br />Optional Benefit. The Plan Administrator shall determine, based on prevailing <br />IRS guidance, whether a requested change is on account of and corresponds <br />with a change made under another employer-sponsored plan. <br />Page 106 of 254
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