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the expense. The Claims Administrator may, to the extent provided by law, rely on information <br />provided by Participants. <br />11.6 Incurred Expenses. To be reimbursable, an eligible Medical Expense must have been incurred <br />after participation in this portion of the Plan began and during the Plan Year for which <br />reimbursement is claimed. An expense is "incurred" when the Participant is provided with the <br />care which gives rise to the eligible Medical Expense, not when the service is billed or paid. <br />Reimbursement shall not be made for future projected expenses. However, the Plan may <br />reimburse expenses for orthodontia care in advance. <br />11.7 Reimbursement of Expense. The Participant shall be reimbursed at least either (a) once per <br />month, or (b) when the total reimbursement for Eligible Medical Expenses first equals or exceeds <br />$50.00. Reimbursements shall be made from the Participant's ME Account for eligible Medical <br />Expenses incurred during the applicable Plan Year for which the Participant submits the <br />documentation required under Section 11.5. An amount up to the sum of the Participant's <br />Election and the Employer Contribution, if any, and reduced as of any particular time for prior <br />reimbursements for the same Ptan Year, shall be available for reimbursement at all times during <br />the Plan Year. <br />11.8 Maximum Reimbursement. The maximum reimbursement a Participant may receive for a <br />Plan Year under this portion of the Plan shall be $3,000. The maximum reimbursement amount <br />applies to the Participant, Spouse, and Dependent children on an aggregate basis, not an <br />individual basis. <br />11.9 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 11.14. If <br />coverage ceases, reimbursements for eligible Medical Expenses incurred before participation <br />stopped may be reimbursed within ninety (90) days following termination of participation. The <br />remainder of the Participant's ME Account shall be forfeited in accordance with Section 5.6. <br />11.10 Participant's Death. In the event a Participant dies having incurred an eligible Medical <br />Expense which would have been reimbursable out of the Participant's ME Account had the <br />Participant not died and a person or the Participant's estate has paid for or assumed liability for <br />the expense, reimbursement may be made to that person or the estate for that payment or <br />assumption. The remainder of the Participant's ME Account shall be forfeited in accordance with <br />Section 5.6. <br />11.11 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 />11.12 ME Account Forfeitures. Amounts attributed to a Participant's ME Account for any Plan Year <br />shall be used only to reimburse the Participant for eligible Medical Expenses incurred during the <br />Plan Year. Any balance remaining in a Participant's ME Account for a Plan Year shall be forfeited <br />on the first day following the last day of March immediately following the end of such Plan Year <br />(the "claims run-out period's and shall be forfeited in accordance with Section 5.6. The Plan <br />Administrator may extend this period in the event the Participant cannot obtain proper <br />documentation until after the expiration of the period. Such forfeited amount shall not be <br />distributed in cash, carried over to the next Plan Year or used by the Participant for any other <br />purpose. <br />©2007 Hitesman & Associates, P.A. 25 Elk River Municipal Utilities <br />122707 Flexible Benefits Plan <br />