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<br />© 2012 Hitesman & Wold, P.A. City of Elk River <br />Flexible Benefits Plan <br />24 <br />Highly Compensated Individuals with respect to eligibility to participate or benefits. If the Plan <br />Administrator determines that Group Medical Benefits are or may be discriminatory, the Plan <br />Administrator may take action permitted by law to avoid such a result as described in Section <br />6.16. <br />9.7 Medical Child Support Orders. Notwithstanding any provision of this Plan to the contrary, this <br />Plan shall recognize child support orders regarding coverage under the Group Medical Benefits to <br />the extent required by applicable law. <br />9.8 Continuation of Coverage. Continued coverage shall be provided under the Group Medical <br />Benefits if it is required under, and in accordance with, the Consolidated Omnibus Budget <br />Reconciliation Act of 1985 (“COBRA”), as amended, and, as reflected in the Public Health Services <br />Act (“PHSA”), as amended. There shall also be compliance with applicable state laws concerning <br />continuation of coverage to the extent not preempted by federal law. <br />9.9 HIPAA. The Group Medical Benefits shall comply with the Privacy Rules and Security Rules <br />under HIPAA (if applicable) as further provided in the Insurance Contract. <br />Page 117 of 254