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<br />© 2012 Hitesman & Wold, P.A. City of Elk River <br />Flexible Benefits Plan <br />27 <br />ARTICLE XI. <br />GROUP TERM LIFE BENEFITS <br />11.1 Purpose. The purpose of this Article is to provide an opportunity to purchase Group Term Life <br />Benefits under this Plan as a Core Benefit or Optional Benefit. The Employer provides Group <br />Term Life Benefits through one or more “plans” within the meaning of Sections 79, 105, and 106 <br />of the Code. <br />Note: This Article does not permit pre-tax payment of Insurance Premiums for coverage other <br />than Participant coverage (e.g., no spousal or dependent coverage). <br /> <br />11.2 Separate Written Plan. For purposes of Sections 79, 105 and 106 of the Code, this Article <br />shall 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 />11.3 Definitions. <br />(a) Group Term Life Benefits means the group term life insurance and accidental death <br />and dismemberment coverage made available by the Employer through this Article to <br />which the Insurance Premiums relate. It does not include individual insurance contracts. <br />The Group Term Life Benefits that are Core Benefits include accidental death and <br />dismemberment coverage. The Group Term Life Benefits that are Optional Benefits do <br />not include accidental death and dismemberment coverage. <br />(b) Insurance Contract means any insurance contract secured from an insurance company <br />authorized to do business in the state in which such contract is issued, which has been <br />obtained for the purpose of providing benefits under this portion of the Plan. <br />(c) Insurance Premiums means the amount that must be paid on a periodic basis in <br />return for group coverage under the Insurance Contract(s). <br />11.4 Terms, Conditions and Limitations. The Employer shall secure the necessary Insurance <br />Contracts from third party providers, as identified in Exhibit A. Coverage shall begin, benefits <br />shall be provided, and coverage shall terminate in accordance with the applicable Insurance <br />Contracts. Such Insurance Contracts are expressly incorporated into and made part of this Plan. <br />11.5 Payments. The Plan Administrator shall make Insurance Premium payments for the Group <br />Term Life 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 deduction <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. <br />11.6 Tax Consequences. It is intended that the Insurance Premiums paid by the Employer for <br />Group Term Life Benefits that are Core Benefits shall be excluded from the Participant’s gross <br />income. It is intended that the Insurance Premiums paid by the Employer for Group Term Life <br />Benefits that are Optional Benefits, including through the Participant’s allocation of the Employer <br />Contribution, shall be included in the Participant’s gross income. <br />11.7 Continuation/Conversion of Coverage. The Group Term Life Benefits shall comply with <br />applicable state law regarding continuation of coverage and conversion of coverage to the extent <br />such state laws are not preempted by federal law. In addition, any continuation and conversion <br />rights provided under the terms of the Insurance Contract(s) through which benefits are provided <br />shall be available to the extent they are not prohibited or preempted by federal law. <br />Page 120 of 254