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<br />© 2012 Hitesman & Wold, P.A. City of Elk River <br />Flexible Benefits Plan <br />42 <br />in accordance with the Cafeteria Plan Regulations, the Plan may reimburse expenses for <br />orthodontia care in advance. <br />17.7 Reimbursement of Expense. The Participant shall be reimbursed as specified in Section 6.7 <br />from the Participant’s Limited Scope ME Account for eligible Limited Scope Medical Expenses <br />incurred during the applicable Plan Year, and the Grace Period, if applicable, for which the <br />Participant submits the documentation required under Article VI. An amount up to the sum of <br />the Participant’s Election and the Employer Contribution, if any, and reduced as of any particular <br />time for prior reimbursements for the same Plan Year, shall be available for reimbursement at all <br />times during the Plan Year, and the Grace Period, if applicable. Claims for reimbursement within <br />a Plan Year, and the Grace Period, if applicable, must be submitted prior to the close of the <br />Claims Run-Out Period for such Plan Year. <br />In no case shall a payment be made which exceeds the annual balance remaining in the <br />Participant’s Limited Scope ME Account at the time reimbursement is processed. If a claim for <br />reimbursement exceeds the balance in the Participant’s Limited Scope ME Account, the excess <br />part of the claim will be denied. Under no circumstances (a) will any balance remaining in a <br />Participant’s Limited Scope ME Account at the end of the Plan Year, and the Grace Period, if <br />applicable, be carried over to the next Plan Year; or (b) will an otherwise eligible Limited Scope <br />Medical Expense be carried over to the next Plan Year. <br />17.8 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 individual basis. <br />17.9 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 17.14. If <br />coverage ceases, reimbursements for eligible Limited Scope Medical Expenses incurred before <br />participation terminated may be reimbursed if submitted within thirty (30) days of the date on <br />which participation was terminated. <br />17.10 Participant’s Death. In the event a Participant dies having incurred an eligible Limited Scope <br />Medical Expense (a) which would have been reimbursable out of the Participant’s Limited Scope <br />ME Account had the Participant not died; and (b) for which a person or the Participant’s estate <br />has paid for or assumed liability for the expense, reimbursement may be made to that person or <br />the estate for that payment or assumption. The remainder of the Participant’s Limited Scope ME <br />Account shall be forfeited in accordance with Section 5.6. <br />17.11 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. If the Plan fails any applicable <br />nondiscrimination requirements, Highly Compensated Individuals shall have taxable income <br />imputed to the extent required by law. <br />17.12 Limited Scope ME Account Forfeiture. <br />(a) Limited Scope ME Claims Grace Period. The Claims Grace Period for the Medical <br />Expense Reimbursement Plan shall expire on March 15th of the following year. <br />(b) Limited Scope ME Account Claims Run-Out Period. Amounts attributed to a <br />Participant’s Limited Scope ME Account for any Plan Year shall be used only to reimburse <br />the Participant for eligible Limited Scope Medical Expenses incurred during such Plan <br />Page 135 of 254