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<br />© 2012 Hitesman & Wold, P.A. City of Elk River <br />Flexible Benefits Plan <br />38 <br />ARTICLE XVI. <br />HSA CONTRIBUTION FEATURE <br />16.1 Purpose. The purpose of this Article is to provide for the pre-tax funding of an HSA under this <br />Plan as an Optional Benefit. <br />16.2 Separate Written Plan. For purposes of Section 223 of the Code, this Article shall constitute a <br />separate written plan. To the extent necessary, other provisions of the Plan are incorporated by <br />reference. <br />16.3 Definitions. <br />(a) HSA means a health savings account under Section 223 of the Code established and <br />owned by a Participant to which contributions are made under this portion of the Plan. <br />The trustee or custodian of the HSA shall be selected by the Participant from among <br />several Employer-approved trustees and custodians. The Employer does not sponsor a <br />Participant’s HSA, and a Participant’s HSA is not an employer-sponsored group health <br />plan. <br />(b) HSA Contribution Feature means the portion of the Plan described in this Article, <br />which consists of the ability to contribute to a Participant’s HSA through salary reduction <br />and allocation of Employer Contributions, if any. <br />(c) High Deductible Health Plan means a “qualifying high deductible health plan” under <br />Section 223(c)(2) of the Code, including those not sponsored by the Employer. <br />(d) Permitted Insurance or Permitted Coverage means: <br />(1) insurance in which substantially all of the coverage relates to liabilities incurred <br />under workers’ compensation laws, tort liabilities, liabilities related to ownership <br />or use of property, or similar liabilities as specified by the IRS; <br />(2) insurance for specified disease or illness (e.g., cancer insurance); <br />(3) insurance that pays a fixed amount per day (or other period) of hospitalization <br />(e.g., hospital indemnity insurance); <br />(4) coverage for accidents, disability, dental care, vision care, preventive care, or <br />long-term care; <br />(5) some medical reimbursement accounts and health reimbursement arrangements <br />(“HRAs”) (e.g., limited scope medical reimbursement accounts and HRAs, <br />suspended HRAs, post-deductible medical reimbursement accounts and HRAs, <br />and retirement HRAs); and <br />(6) some wellness programs and employee assistance programs (e.g., those that do <br />not provide significant benefits in the nature of non-preventive medical care or <br />treatment). <br />16.4 Eligibility. To be eligible for HSA contributions, the Employee must: <br />(a) be eligible to participate in this Plan under Section 3.1; <br />(b) be covered by the High Deductible Health Plan; <br />Page 131 of 254