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<br />© 2012 Hitesman & Wold, P.A. City of Elk River <br />Flexible Benefits Plan <br />31 <br />Article VI. An amount up to the sum of the Participant’s Election and reduced as of any particular <br />time for prior reimbursements for the same Plan Year and Grace Period, shall be available for <br />reimbursement at all times during the Plan Year. Claims for reimbursement with respect to a Plan <br />Year and Grace Period must be submitted prior to the close of the Claims Run-out Period for such <br />Plan Year and Grace Period. <br />In no case shall a payment be made which exceeds the annual balance remaining in the <br />Participant’s ME Account at the time reimbursement is processed. If a claim for reimbursement <br />exceeds the balance in the Participant’s ME Account, the excess part of the claim will be denied. <br />Under no circumstances (a) will any balance remaining in a Participant’s ME Account at the end <br />of the Grace Period be carried over to the next Plan Year; or (b) will an otherwise eligible Medical <br />Expense be carried over to the next Plan Year. <br />14.8 Maximum Reimbursement. The maximum reimbursement a Participant may receive for a <br />Plan Year under this portion of the Plan shall be the lesser of: (1) $3,000; or (2) the maximum <br />amount of salary reduction contribution that may be made to the Medical Expense <br />Reimbursement Plan under applicable law. The maximum reimbursement amount applies to the <br />Participant, Spouse, and Dependent on an aggregate basis, not an i ndividual basis. <br />14.9 Reimbursement Upon Termination of Participation. If an individual ceases to be a <br />Participant in this portion of the Plan, coverage shall cease (which means that reimbursements <br />shall cease) unless benefits under the Plan are continued as provided in Section 14.14, if <br />applicable. If coverage ceases, reimbursements for eligible Medical Expenses incurred before <br />participation terminated may be reimbursed if submitted within thirty (30) days of the date on <br />which participation terminated. <br />14.10 Participant’s Death. In the event a Participant dies having incurred an eligible Medical <br />Expense (a) which would have been reimbursable out of the Participant’s ME Account had the <br />Participant not died; and (b) for which a person or the Participant’s estate has paid for or <br />assumed liability, reimbursement may be made to that person or the estate for that payment or <br />assumption. The remainder of the Participant’s ME Account shall be forfeited in accordance with <br />Section 5.6. <br />14.11 Nondiscrimination. This portion of the Plan shall not discriminate in favor of Highly <br />Compensated Individuals as to eligibility to participate or benefits. If the Plan Administrator <br />determines that this portion of the Plan is or may be discriminatory, the Plan Administrator may <br />take action permitted by law to avoid such result as provided in Section 6.16. If the Plan fails <br />any applicable nondiscrimination requirements, Highly Compensated Individuals shall have <br />taxable income imputed to the extent required by law. <br />14.12 ME Account Forfeiture. <br />(a) ME Account Claims Grace Period. The Claims Grace Period shall apply to this <br />Optional Benefit. <br />(1) Length. The Claims Grace Period for the Medical Expense Reimbursement Plan <br />shall expire on March 15th of the following year. <br />(2) Processing of Claims. Claims incurred during the Claims Grace Period, and <br />submitted prior to the close of the Claims Run-Out Period, shall be first allocated <br />to and reimbursed from the Participant's ME Account for the preceding Plan Year <br />until such ME Account is exhausted. Thereafter, any such claims shall be <br />allocated to and reimbursed from the Participant’s ME Account for the current <br />Plan Year. Claims incurred during the Claims Grace Period will be allocated <br />based upon the date the claim is received. Once a claim is allocated, there shall <br />be no changes, modifications, or adjustments to the allocation of the account. <br />Page 124 of 254