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<br />© 2012 Hitesman & Wold, P.A. City of Elk River <br />Flexible Benefits Plan <br />2 <br />ARTICLE I. <br />INTRODUCTION <br />1.1 Establishment. City of Elk River (hereinafter the “Employer”) hereby amends and restates the <br />City of Elk River Flexible Benefits Plan (the “Plan”). Except as otherwise provided herein, this <br />amendment and restatement of the Plan is effective January 1, 2013. <br />1.2 Purpose. The purpose of the Plan is to provide Participants with a choice between cash and <br />certain “qualified benefits” as defined in Section 125 of the Code. [See Illustration 1 on Page 1 <br />of this Plan.] The Plan is intended to qualify as a “cafeteria plan” under Section 125 of the Code <br />so that Optional Benefits a Participant elects to receive under the Plan will be eligible for <br />exclusion from the Participant’s gross income to the fullest extent possible under the Code. <br />1.3 HIPAA Privacy and Security Rules. Portions of this Plan are “covered entities” for purposes <br />of the Privacy Rules and the Security Rules. <br />1.4 Gender and Number. Pronoun references in this Plan shall be deemed to be of any gender <br />relevant to the context, and words used in the singular may also include the plural. <br />1.5 Not ERISA Plan. This Plan is not an employee welfare plan for purposes of ERISA because the <br />Plan is a governmental plan within the meaning of Act. Sec. 3 (32) of ERISA. Any resemblance <br />of the Plan to an ERISA plan shall not bind the Plan to comply with ERISA. <br /> <br />Page 95 of 254