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4.13 SR 05-06-2024
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4.13 SR 05-06-2024
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<br />© 2012 Hitesman & Wold, P.A. City of Elk River <br />Flexible Benefits Plan <br />36 <br />gross income for the year in question. However, if that person <br />does not claim the child as a qualifying child (as defined in <br />Section 152 of the Code) for any purpose (i.e., a dependent care <br />expense reimbursement program, the earned income credit, the <br />dependency deduction, the child tax credit, and the dependent <br />care credit), then the child is the Qualifying Individual of the <br />other person (i.e., the person with the lowest adjusted gross <br />income). This is the one person that is entitled to treat the child <br />as a Qualifying Individual. <br />(j) Student shall have the meaning provided in Section 21(e)(7) of the Code which means <br />an individual who during each of five (5) calendar months during the taxable year is a full <br />time student at an educational organization which normally maintains a regular facility <br />and curriculum and normally has a regularly enrolled body of students in attendance at <br />the place where its educational activities are regularly carried on as provided in Sections <br />21(e)(8) and 170(b)(1)(A)(ii) of the Code. <br />15.4 Dependent Care Account. The DC Account will be credited as of each date Compensation is <br />paid to the Participant with a pro-rated portion of the Participant’s Election for the Plan Year. A <br />Participant’s DC Account will be decreased from time to time in the amount of payments made to <br />the Participant for eligible Dependent Care Expenses incurred during the Plan Year. <br />15.5 Claims Determination. Claim submission, determination, and appeals shall be handled in <br />accordance with Article VI. <br />15.6 Incurred Expenses. To be reimbursable, an eligible Dependent Care Expense must have been <br />incurred after participation in this portion of the Plan began and during the Plan Year for which <br />reimbursement is claimed related to such Plan Year. An expense is “incurred” when the <br />Participant is provided with the care which gives rise to the eligible Dependent Care Expense, not <br />when the service is billed or paid. Reimbursement shall not be made for future or projected <br />expenses. <br />15.7 Reimbursement of Expense. The Participant shall be reimbursed as specified in Section 6.7 <br />from the Participant’s DC Account for eligible Dependent Care Expenses incurred during the <br />applicable Plan Year for which the Participant submits the documentation required under Article <br />VI. In no case shall a payment be made which exceeds the balance in the Participant’s DC <br />Account at the time reimbursement is processed. Claims for reimbursement must be submitted <br />prior to the close of the Claims Run-out Period for such Plan Year. <br />If a claim for reimbursement exceeds the available balance in the Participant’s DC Account, the <br />excess part of the claim will be carried over and paid as the Participant’s DC Account becomes <br />adequate. Under no circumstances (a) will any balance remaining in a Participant’s DC Account <br />at the end of the Plan Year be carried over to the next Plan Year; or (b) will an otherwise eligible <br />Dependent Care Expense be carried over to the next Plan Year. <br /> <br />15.8 Maximum Reimbursement. The maximum reimbursement which a Participant may receive in <br />a tax year under this portion of the Plan shall be the lesser of: <br />(a) the Participant’s Earned Income for the tax year; <br />(b) the actual or deemed Earned Income of the Participant’s Spouse for the tax year; or <br />(c) $5,000 (or in the case of a Participant who is married and filing a separate income tax <br />return from his or her Spouse, $2,500). <br />Page 129 of 254
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