6.5. ERMUSR 01-15-2008 - Laserfiche WebLink

Home Browse Search

ARTICLE III. ELIGIBILITY AND PARTICIPATION 3.1 Eligibility Requirements. (a) Initial Eligibility Requirements. In general, an Eligible Employee is (1) an Employee employed by the Employer, and (2) an Employee scheduled to work a normal work week of forty (40) hours or more per week in a continuous twelve (12) month period. (b) Ongoing Eligibility Requirements. In order to maintain eligibility, an Eligible Employee must continue to meet the requirements described above for initial eligibility. 3.2 Notification of Participants. The Plan Administrator shall provide each Eligible Employee written notice of the Employee's eligibility to participate in the Plan in sufficient time to enable such Eligible Employee to submit an application for participation in the Plan on or before the applicable Entry Date. The amount of time that is "sufficient" shall be determined by the Plan Administrator. 3.3 Application for Participation. In general, to become a Participant, an Eligible Employee shall execute and deliver to the Plan Administrator prior to the applicable Entry Date, a written application signed by the Eligible Employee in which the Eligible Employee applies to participate in the Plan, designates the required portion of Compensation for the pre-tax and after-tax (if any) contributions, makes a benefit Election, and supplies any other pertinent information that the Plan Administrator may reasonably require. For new hires, an Eligible Employee shall execute and deliver to the Plan Administrator within thirty (30) days of employment, such written application. In this situation, participation in this Plan is retroactive to the date of hire pursuant to Section 1.125-2(d) of the proposed regulations. By signing such application or agreement, the Eligible Employee shall be deemed for all purposes to have agreed to participate and to conform to the requirements of the Plan. Such application or agreement may be the same as, or separate from, the application or agreement required to participate in any Optional Benefit under this Plan. Alternatively, or in addition to, the Plan Administrator may require or permit application of same scope by electronic means. 3.4 Termination of Participation. A Participant automatically ceases to be a Participant at midnight of the earliest of the following dates: (a) The death of the Participant; (b) The date of termination of the Participant's employment with the Employer; (c) The date of the Participant's failure to meet the eligibility requirements of Section 3.1, as may be amended from time to time; or (d) The date of termination of the Plan in accordance with Article VII. In the event the Plan does not learn that a Participant has automatically ceased to be a Participant until a date after the date participation ceased, participation will be terminated retroactively and the Plan shall be entitled to recover any benefits paid after the date participation is terminated. Termination of participation in this Plan shall not prevent a former Participant from continuation coverage, conversion coverage or benefits under the respective Optional Benefit plans if and to the extent provided by such plans. 3.5 Conditions of Participation. As a condition of participation and receipt of benefits under this Plan, the Participant agrees to: ©2007 Hitesman & Associates, P.A. 6 Elk River Municipal Utilities 122707 Flexible Benefits Plan