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<br />© 2012 Hitesman & Wold, P.A. City of Elk River <br />Flexible Benefits Plan <br />26 <br />10.6 Nondiscrimination. To the extent the Group Dental Benefits are subject to Section 105(h) of <br />the Code, they shall not discriminate in favor of Highly Compensated Individuals with respect to <br />eligibility to participate or benefits. If the Plan Administrator determines that the Group Dental <br />Benefits are or may be discriminatory, the Plan Administrator may take action permitted by law <br />to avoid such a result as described in Section 6.16. If the Group Dental Benefits fail any <br />applicable nondiscrimination requirements, Highly Compensated Individuals shall have taxable <br />income imputed to the extent required by law. <br />10.7 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 Dental Benefits to <br />the extent required by applicable law. <br />10.8 Continuation of Coverage. Continued coverage shall be provided under the Group Dental <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 />10.9 HIPAA. The Group Dental Benefits shall comply with the Privacy Rules and Security Rules under <br />HIPAA (if applicable) as further provided in the Insurance Contract. <br /> <br />Page 119 of 254