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ARTICLE XI. <br />MEDICAL EXPENSE REIMBURSEMENT PLAN <br />11.1 Separate Written Plan. For purposes of Section 105 of the Code, this Article shall constitute a <br />separate written plan, the Medical Expense Reimbursement Plan ("ME Plan"), providing for the <br />reimbursement of Medical Expenses. To the extent necessary, other provisions of the Plan are <br />incorporated by reference. <br />11.2 Purpose. The purpose of this Article is to provide Participants with the option of being <br />reimbursed for eligible Medical Expenses. This Article is intended to qualify as a medical <br />reimbursement plan under Section 105(h) of the Code so that payments received under this <br />portion of the Plan are excludable from the gross income of the Participant under Section 105(b) <br />of the Code. <br />11.3 Definitions. <br />(a) Dependent means an individual who is a "dependent" under Section 152 of the Code, <br />determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof. <br />(b) Highly Compensated Individual means an individual who is highly compensated as <br />defined in Section 105(h)(5) of the Code. <br />(c) Medical Expense means an expense incurred during the applicable Plan Year by a <br />Participant, Spouse, or Dependent for medical care as defined in Section 213 of the <br />Code, excluding premiums for health coverage, health reimbursement arrangements <br />("HRAs"), medical savings accounts ("MSAs'~, and long-term care coverage. Medical <br />care generally refers to the diagnosis, cure, treatment, or prevention of disease or for the <br />purpose of affecting any structure or function of the body. Also included, are <br />transportation expenses for and essential to medical care. <br />(d) Medical Expense Account ("ME Account") means the record keeping account <br />established by the Plan Administrator for each Plan Year for each Participant from whom <br />an Election to create such an account is received. <br />11.4 Medical Expense Account. The ME Account will be credited with the amount elected by the <br />Participant and the Employer Contribution, if any, at the beginning of the Plan Year. A <br />Participant's ME Account will be decreased from time to time in the amount of payments made to <br />the Participant for eligible Medical Expenses incurred during the Plan Year. <br />11.5 Claims for Reimbursement. A Participant who has made an Election for a Plan Year may <br />apply to the Claims Administrator for reimbursement of eligible Medical Expenses incurred during <br />such Plan Year by submitting a claim form provided by the Claims Administrator setting forth at <br />least the following: <br />(a) the amount, date and nature of the expense, <br />(b) the name of the person or entity to which the expense was paid, <br />(c) the Participant's statement that the expense has not been reimbursed or is not <br />reimbursable from any other source, and <br />(d) such other information as the Claims Administrator may require. <br />Such claim form shall be accompanied by bills, invoices, receipts, or other statements from an <br />independent third party stating the eligible Medical Expense has been incurred and the amount of <br />©2007 Hitesman & Associates, P.A. 24 Elk River Municipal Utilities <br />122707 Flexible Benefits Plan <br />