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© 2012 Hitesman & Wold, P.A. City of Elk River Flexible Benefits Plan 3 ARTICLE II. DEFINITIONS The following words and phrases are used in this Plan and shall have the meanings set forth in this Article unless a different meaning is clearly required by the context or is defined within an Article. 2.1 Benefits means Core Benefits and Optional Benefits. 2.2 Cafeteria Plan Regulations means any final regulations, or proposed regulations on which employers may rely, issued by the Department of Treasury under Section 125 of the Code. 2.3 Cash Payment means the amount received by a Participant described in ARTICLE XVIII. 2.4 Change in Status means the situations that permit an Eligible Employee or Participant to make a change in his or her Election mid-Plan Year and include events that: (a) change an Eligible Employee’s or Participant’s legal (under applicable state and federal law) marital status; (b) change the number of an Eligible Employee’s or Participant’s dependents (as defined in Section 5.3); (c) change an Eligible Employee’s or Participant’s employment status, or the employment status of the Participant’s Spouse or dependents (as defined in Section 5.3); (d) cause an Eligible Employee’s or Participant’s dependent (as defined in Section 5.3) to satisfy or cease to satisfy the eligibility requirements for an Optional Benefit; and (e) change the place of residence of an Eligible Employee or Participant, or his or her Spouse or dependents (as defined in Section 5.3). 2.5 Claims Administrator means the entity described in Section 6.1(c). 2.6 Claims Run-out Period means the period of time following the end of the Plan Year during which claims incurred during such Plan Year (and applicable Grace Period) may be submitted as provided in the Optional Benefit. 2.7 Code means the Internal Revenue Code of 1986, as amended from time to time. 2.8 Compensation means all of an Employee’s earnings from the Employer which are subject to withholding for federal income tax purposes. 2.9 Core Benefits means the mandatory benefits required to be taken through this Plan. Eligible Employees are required to purchase single coverage under the Group Dental Benefits and basic coverage under the Group Term Life Benefits. 2.10 Covered Individual means a person, including a Participant, a Dependent of a Participant, a Spouse of a Participant, and any other person, appropriately covered under an Optional Benefit subject to the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”), as amended, and as reflected in the Public Health Services Act (“PHSA”), as amended. 2.11 Dependent means “Dependent” as defined in each Optional Benefit provision in which such term is used. Dependent is not necessarily the same as a dependent for tax purposes. See the definition of Tax Dependent in Section 2.37. 2.12 Effective Date means the effective date of this amendment and restatement, which is January 1, 2013. Page 96 of 254