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<br />© 2012 Hitesman & Wold, P.A. City of Elk River <br />Flexible Benefits Plan <br />15 <br />conditions of coverage. Such underlying Plan documents or contracts, if any, are incorporated <br />into this Plan by reference. <br />5.6 Forfeiture. Any amounts, whether obtained through salary reduction, salary deduction, <br />Employer Contributions, or otherwise, under this Plan which cannot be distributed by the Plan <br />Administrator to cover the cost of Optional Benefits for the applicable Plan Year, shall be forfeited <br />by the Participant. Forfeited amounts, in accordance with the Cafeteria Plan Regulations, may <br />be: (a) retained by the Employer; (b) used to defray the reasonable administrative costs of the <br />Plan; (c) used to reduce required salary reduction amounts for the immediately following Plan <br />Year on a reasonable and uniform basis; and/or (d) returned to the Participants on a reasonable <br />and uniform basis. Under no circumstances shall the Plan Administrator establish an outside <br />formal or informal arrangement under which the forfeited amounts are allocated among <br />Participants based (directly or indirectly) on their individual claims experience under the Plan. <br />5.7 Limitations on Benefits. Benefits shall be limited as determined by the Plan Administrator in <br />accordance with Section 6.16 for the purpose of ensuring compliance with any nondiscrimination <br />requirement applicable to the Plan or an Optional Benefit. <br />Page 108 of 254