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5.3. ERMUSR 02-09-2010
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5.3. ERMUSR 02-09-2010
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2/5/2010 4:08:14 PM
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City Government
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ERMUSR
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2/9/2010
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Expenses incurred prior to the termination of employment shall be subject to <br />the Election in effect upon termination; while the Employee shall have an <br />opportunity to make a new Election and expenses incurred after re- <br />employment shall be subject to the Election made upon re-employment. <br />(b) Within thirty (30) days following a termination of employment, shall have the <br />Election in effect prior to the termination of employment reinstated upon re- <br />employment. <br />5.5 Benefit Descriptions. While an Election to receive one or more of the Optional <br />Benefits may be made under this Plan, the benefits themselves may be provided in <br />accordance with Plan documents or contracts which describe the types and amounts <br />of benefits available, the requirements for participation, procedures for submitting <br />claims, and the other terms and conditions of coverage. Such underlying Plan <br />documents or contracts, if any, are incorporated into this Plan by reference. <br />5.6 Forfeiture. Any amounts, whether obtained through salary reduction, salary <br />deduction, Employer Contributions, or otherwise, under this Plan which cannot be <br />distributed by the Plan Administrator to cover the cost of Optional Benefits for the <br />applicable Plan Year, shall be forfeited by the Participant. Forfeited amounts, in <br />accordance with the Cafeteria Plan Regulations, may be: (a) retained by the <br />Employer, (b) used to defray the reasonable administrative costs of the Plan, (c) <br />used to reduce required salary reduction amounts for the immediately following Plan <br />Year on a reasonable and uniform basis, and/or (d) returned to the Participants on a <br />reasonable and uniform basis. Under no circumstances shall the Plan Administrator <br />establish an outside formal or informal arrangement under which the forfeited <br />amounts are allocated among Participants based (directly or indirectly) on their <br />individual claims experience under the Plan. <br />5.7 Limitations on Benefits. Benefits shall be limited as determined by the Plan <br />Administrator for the purpose of ensuring compliance with any nondiscrimination <br />requirement applicable to the Plan or an Optional Benefit. <br />16 <br />
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