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<br />© 2012 Hitesman & Wold, P.A. City of Elk River <br />Flexible Benefits Plan <br />23 <br />ARTICLE IX. <br />GROUP MEDICAL BENEFITS <br />9.1 Purpose. The purpose of this Article is to provide for the pre-tax payment opportunity for Group <br />Medical Benefits under this Plan as an Optional Benefit. The Employer provides Group Medical <br />Benefits through one or more “plans” within the meaning of Sections 105 and 106 of the Code. <br />9.2 Separate Written Plan. For purposes of Sections 105 and 106 of the Code, this Article shall <br />constitute a separate written plan providing for the reimbursement or direct payment of <br />Insurance Premium expenses. To the extent necessary, other provisions of the Plan are <br />incorporated by reference. <br />9.3 Definitions. <br />(a) Dependent means an individual (e.g., Spouse, child, etc.) who qualifies as a <br />“dependent” under the terms and conditions of the applicable plan document governing <br />the Group Medical Benefits. <br />(b) Group Medical Benefits means the medical coverage made available by the Employer <br />through this Article to which the Insurance Premiums relate. It does not include <br />individual insurance contracts. <br />(c) HMO means a health maintenance organization authorized to do business in the state in <br />which it operates with which an agreement has been entered for the purpose of <br />providing benefits under the Plan. <br />(d) Highly Compensated Individual means an individual who is highly compensated as <br />defined in Section 105(h)(5) of the Code. <br />(e) Insurance Contract means (1) any insurance contract secured from an insurance <br />company or HMO authorized to do business in the state in which such contract is issued, <br />which has been obtained for the purpose of providing benefits under this portion of the <br />Plan; or (2) a self-insured plan administered by a third party. <br />(f) Insurance Premiums means the amount that must be paid on a periodic basis in <br />return for coverage under the Insurance Contract. <br />9.4 Terms, Conditions and Limitations. The Employer shall secure the necessary Insurance <br />Contracts, as identified in Exhibit A. Coverage shall begin, benefits shall be provided, and <br />coverage shall terminate in accordance with the applicable Insurance Contracts. Such Insurance <br />Contracts, are expressly incorporated into and made part of this Plan. <br />9.5 Payments. The Plan Administrator shall make Insurance Premium payments for the Group <br />Medical Benefits on behalf of the Participant in an amount necessary to provide the benefit <br />applicable to the Participant under this portion of the Plan for the applicable Plan Year. Such <br />payments shall be made from Employer Contributions, if any, provided by the Employer under <br />the Plan and, if necessary, contributions made in accordance with the salary reduction <br />arrangement and other arrangements applicable to the Participant under the terms of the Plan. <br />The appropriate portions shall depend on the coverage elected by the Participant. The Plan <br />Administrator shall also make such payments on behalf of the Participant’s Dependents who are <br />enrolled in the Group Medical Benefits. To the extent a Dependent is provided coverage under <br />the Group Medical Benefits and that Dependent is not the Participant’s Spouse or Tax Dependent, <br />the tax consequence of such coverage shall be addressed as described in Section 4.2. <br />9.6 Nondiscrimination. To the extent the Group Medical Benefits are subject to Section 105(h) of <br />the Code or Section 2716 of the Public Health Services Act, they shall not discriminate in favor of <br />Page 116 of 254