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<br />© 2012 Hitesman & Wold, P.A. City of Elk River <br />Flexible Benefits Plan <br />43 <br />Year. Any balance remaining in a Participant’s Limited Scope ME Account for a Plan Year <br />shall be forfeited following the end of Claims Run-Out Period and shall be forfeited in <br />accordance with Section 5.6. The Plan Administrator may extend this period in the event <br />the Participant cannot obtain proper documentation until after the expiration of the <br />period. Such forfeited amount shall not be distributed in cash, carried over to the next <br />Plan Year or used by the Participant for any other purpose. <br />17.13 Medical Child Support Orders. Notwithstanding any provision of this Plan to the contrary, this <br />Plan shall recognize child support orders regarding coverage under this Limited Scope Medical <br />Expense Reimbursement Plan to the extent required by applicable law. <br />17.14 Continuation of Coverage. Continued coverage shall be provided under this Limited Scope <br />Medical Expense Reimbursement Plan as required under the Consolidated Omnibus Budget <br />Reconciliation Act of 1985 (“COBRA”), as amended, and, as reflected in the Public Health Services <br />Act (“PHSA”), as amended. <br />17.15 HIPAA. The Limited Scope Medical Expense Reimbursement Plan shall comply with the Privacy <br />Rules and Security Rules under HIPAA (if applicable) as further provided in Article XIX. In <br />addition, the Limited Scope Medical Expense Reimbursement Plan shall comply with the <br />portability requirements under HIPAA, if applicable. <br />17.16 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 /> <br />Page 136 of 254