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ARTICLE XIV. <br />CONTINUATION COVERAGE <br />14.1 Compliance with Continuation. Continued coverage for Group Dental Benefits, Medical <br />Expense Reimbursement Plan, Limited Scope Medical Expense Reimbursement Plan, and the <br />Individual Premium Plan (hereinafter collectively referred to as the "Health Plans' shall be <br />provided as required under the Consolidated Omnibus Budget Reconciliation Act of 1985 <br />("COBRA") as amended or applicable state law. The remainder of this Article applies only if and <br />to the extent required under COBRA or state continuation laws. <br />14.2 Policies and Procedures. To the extent not provided herein, the Plan Administrator shall, <br />within the parameters of the law, establish uniform policies by which to provide such continuation <br />coverage. To the extent the policies and procedures provided herein conflict with the underlying <br />plan documents for the Health Plans, such underlying plan documents shall control. <br />14.3 COBRA Notification Procedures. The Health Plans require the notifications described below <br />with respect to continuation coverage under COBRA: <br />(a) Notice of qualifying event. Under the law, a Covered Individual (or a representative <br />acting on behalf of the Covered Individual) has the responsibility to inform the Health <br />Plans of a divorce, legal separation, or a child losing Dependent status under the Health <br />Plans (the "qualifying event's within sixty (60) days of the latest of: (i) the date of the <br />qualifying event; (ii) the date coverage would be lost because of the qualifying event; or <br />(iii) the date on which the Covered Individual was informed of the responsibility to <br />provide notice and the procedures for doing so. The notification must be provided in <br />writing and be mailed to the Health Plans. Oral notification, including notification by <br />telephone is not acceptable. Electronic (including emailed or faxed) or hand-delivered <br />notifications are not acceptable. The notification must be postmarked no later than the <br />last day of the sixty (60) day notice period described above. The notification must: <br />(1) State the name of the Health Plans; <br />(2) State the name and address of the employee or former employee who is or was <br />covered under the Health Plans; <br />(3) State the name(s) and address(es) of all Covered Individuals who lost coverage <br />due to the qualifying event; <br />(4) Include a detailed description of the event; <br />(S) Identify the effective date of the event; and <br />(6) Be accompanied by any documentation providing proof of the event (i.e., the <br />divorce decree). <br />If no notification is received within the required time period, no continuation coverage <br />will be provided. If the notification is incomplete, it will be deemed timely if the Health <br />Plans are able to determine the plan to which it applies, the identity of the employee and <br />the Covered Individuals, the qualifying event, and the date on which the qualifying event <br />occurred, provided that the missing information is provided within thirty (30) days. If the <br />missing information is not provided within that time, the notification will be ineffective <br />and no continuation coverage will be provided. <br />(b) Notice of second qualifying event. A Covered Individual (or a representative acting <br />on behalf of the Covered Individual) must notify the Health Plans of the death of the <br />employee, divorce or separation from the employee, or a Dependent child's ceasing to be <br />eligible for coverage as a Dependent under the Health Plans, if that event occurs within <br />the eighteen (18) month continuation period (or an extension of that period for disability <br />or for pre-termination Medicare entitlement). The notification must be provided within <br />sixty (60) days after such a second qualifying event occurs in order to be entitled to an <br />extension of the continuation period. The notification must be provided in writing and be <br />©2007 Hitesman & Associates, P.A. 35 Elk River Municipal Utilities <br />122707 Flexible Benefits Plan <br />