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<br />© 2012 Hitesman & Wold, P.A. City of Elk River <br />Flexible Benefits Plan <br />16 <br />ARTICLE VI. <br />ADMINISTRATION <br />6.1 Plan Administrator. <br />(a) The Plan Administrator shall be responsible for the general supervision of the Plan. The <br />Plan Administrator shall perform any and all acts necessary or appropriate for the proper <br />management and administration of the Plan. <br />(b) The Employer shall be the Plan Administrator unless the Employer’s managing body <br />designates a person or persons other than the Employer to be the Plan Administrator. <br />The Employer shall also be the Plan Administrator if the person or persons so designated <br />cease to be the Plan Administrator. <br />(c) The Plan Administrator may designate an individual or entity to act on its behalf with <br />respect to certain powers, duties, responsibilities, etc. with respect to the operation and <br />administration of this Plan. Where benefits under this Plan are provided through an <br />insurance company, Health Maintenance Organization (“HMO”), or Dental Maintenance <br />Organization (“DMO”), or similar entity, that entity shall be the Claims Administrator with <br />respect to those benefits. In all other situations, the Plan Administrator shall be the <br />Claims Administrator unless the Plan Administrator contracts with a third party to act on <br />its behalf. <br />6.2 Agent for Service of Legal Process. The agent for service of legal process for the Plan is the <br />Plan Administrator. <br />6.3 Allocation of Responsibility for Administration. The Plan Administrator shall have the sole <br />responsibility for the administration of this Plan as is specifically described in this Plan. The <br />designated representatives of the Plan Administrator shall have only those specific powers, <br />duties, responsibilities, and obligations as are specifically given to them under this Plan. The Plan <br />Administrator warrants that any directions given, information furnished, or action taken by it shall <br />be in accordance with the provisions of the Plan authorizing or providing for such direction, <br />information or action. It is intended under this Plan that the Plan Administrator shall be <br />responsible for the proper exercise of its own powers, duties, responsibilities, and obligations <br />under this Plan and shall not be responsible for any act or failure to act of another Employee of <br />the Employer. Neither the Plan Administrator (including any designee) nor the Employer makes <br />any guarantee to any Participant in any manner for any loss or other event because of the <br />Participant’s participation in this Plan. <br />6.4 Rules and Decisions. Except as otherwise specifically provided in the Plan, the Plan <br />Administrator may adopt such rules and procedures as it deems necessary, desirable, or <br />appropriate to fulfill the purposes of the Plan. All rules and decisions of the Plan Administrator <br />shall be uniformly and consistently applied to all Participants in similar circumstances. When <br />making a determination or calculation, the Plan Administrator shall be entitled to rely upon <br />information furnished by a Participant, the Employer, or legal counsel. <br />6.5 Procedures. The Plan Administrator may act at a meeting or in writing. The Plan Administrator <br />may adopt by-laws and regulations as it deems desirable for the conduct of the Plan’s affairs and <br />as are consistent with the terms of the Plan. <br />6.6 Records and Reports. The Plan Administrator shall be responsible for complying with all <br />reporting, filing and disclosure requirements for the Plan. <br />6.7 Claim for Benefits. This Section addresses the requirements for claims for reimbursement-type <br />Optional Benefits and the provisions of general applicability. Claims requirements for other <br />Optional Benefits shall be handled in accordance with the governing documents for those <br />Optional Benefits. <br />Page 109 of 254