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<br />© 2012 Hitesman & Wold, P.A. City of Elk River <br />Flexible Benefits Plan <br />32 <br />In accordance with this part (1), a claim incurred during the preceding Plan Year <br />and submitted during the Claims Run-Out Period will be processed subsequent to <br />a previously submitted claim incurred during the Claims Grace Period, even if the <br />account from the preceding Plan Year is exhausted by reimbursement of the <br />claim incurred during the Claims Grace Period. <br />(3) Elections. No adjustment to a Participant’s election for the current Plan Year <br />shall be made or allowed based upon the amount of claims reimbursed from the <br />prior Plan Year’s account in accordance with part (1) hereof. <br />(b) ME Account Claims Run-Out Period. Amounts attributed to a Participant’s ME <br />Account for any Plan Year shall be used only to reimburse the Participant for eligible <br />Medical Expenses incurred during such Plan Year. Any balance remaining in a <br />Participant’s ME Account for a Plan Year shall be forfeited following the end of Claims <br />Run-Out Period and shall be forfeited in accordance with Section 5.6. The Plan <br />Administrator may extend this period in the event the Participant cannot obtain proper <br />documentation until after the expiration of the period. Such forfeited amount shall not <br />be distributed in cash, carried over to the next Plan Year or used by the Participant for <br />any other purpose. <br />14.13 Medical Child Support Orders. Notwithstanding any provision of the Medical Expense <br />Reimbursement Plan to the contrary, this Plan shall recognize child support orders regarding <br />coverage under the Medical Expense Reimbursement Plan to the extent required by applicable <br />law. <br />14.14 Continuation of Coverage. Continued coverage shall be provided under the Medical Expense <br />Reimbursement Plan as required under the Consolidated Omnibus Budget Reconciliation Act of <br />1985 (“COBRA”), as amended. The Plan Administrator may, within the parameters of the law, <br />establish uniform policies by which to provide such continuation coverage required by COBRA, <br />which shall be incorporated herein by reference. <br />14.15 HIPAA. The Medical Expense Reimbursement Plan shall comply with the Privacy Rules and <br />Security Rules under HIPAA (if applicable) as further provided in Article XX. In addition, the <br />Medical Expense Reimbursement Plan shall comply with the portability requirements under <br />HIPAA, if applicable. <br />14.16 Further Limitations on Benefits. <br />(a) This Article does not cover expenses incurred for any loss caused by or resulting from <br />injury or disease for which benefits are payable under any worker’s compensation law or <br />other employer, union, association or governmental sponsored group insurance plan. <br />(b) This Article does not cover expenses incurred for any loss caused by or resulting from <br />injury or disease for which benefits are received by the Participant, the Participant’s <br />Spouse or the Participant’s Dependent under any health and accident insurance policy or <br />program, whether or not premiums are paid by the Employer or the Participant, the <br />Participant’s Spouse or the Participant’s Dependent child. <br />(c) Amounts reimbursed under a dependent care assistance program described in Section <br />129 of the Code shall not be reimbursed under this Plan. <br />(d) A Participant in the Plan may not participate under this Article and contribute to an HSA. <br />Page 125 of 254