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5.3. ERMUSR 02-09-2010
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5.3. ERMUSR 02-09-2010
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City Government
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ERMUSR
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2/9/2010
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8.7 Benefits Provided Through Third Parties. In the case of any Optional Benefit <br />provided through a third party (e.g., an insurance company pursuant to a contract or <br />policy with that third party), if there is any conflict or inconsistency between the <br />description of benefits contained in this Plan and the contract or policy, the terms of <br />the contract or policy shall control, unless prohibited by applicable law. The Employer <br />does not guarantee benefits payable under any insurance contract or health <br />maintenance organization policy incorporated by reference into the Plan. Any <br />benefits payable thereunder shall be the exclusive responsibility of the insurer or <br />health maintenance organization that is obligated under the contract or policy. <br />8.8 Mistakes and Errors. It is recognized that in the administration of the Plan, certain <br />administrative and accounting errors may be made or situations may arise by reason <br />of factual errors in information supplied to the Employer or the Plan Administrator. <br />The Employer and/or the Plan Administrator shall have the power to take such <br />equitable steps as may be necessary to correct the mathematical, accounting or <br />factual errors, as they, in their sole discretion, determine(s) to be appropriate. <br />8.9 Limitation on Liability. The Employer does not guarantee benefits payable under <br />any insurance policy or other similar contract described or referred to herein, and <br />any benefits thereunder shall be the exclusive responsibility of the Insurer or other <br />entity that is required to provide such benefits under such policy or contract. <br />8.10 Governing Law. This Plan shall be construed and enforced according to the laws of <br />Minnesota except to the extent preempted by federal law. <br />8.11 Family and Medical Leave Act of 1993. Notwithstanding any provision of this <br />Plan to contrary, this Plan shall be operated and maintained in a manner consistent <br />with the Family and Medical Leave Act of 1993 ("FMLA") and the Employer's FMLA <br />policy required thereunder, provided the Employer is subject to FMLA. <br />8.12 Uniformed Services Employment and Reemployment Rights Act of 1994. <br />Notwithstanding any provision of this Plan to the contrary, this Plan shall be operated <br />and maintained in a manner consistent with the Uniformed Services Employment and <br />Reemployment Act of 1994 ("USERRA"), and the Plan Administrator shall, within the <br />parameters of the law, establish uniform policies by which to provide such <br />continuation coverage required by USERRA. <br />8.13 Genetic Information Nondiscrimination Act of 2008. Notwithstanding any <br />provision of this Plan to contrary, this Plan shall be operated and maintained in a <br />manner consistent with the Genetic Information Nondiscrimination Act of 2008 <br />("GINA"). <br />8.14 Children's Health Insurance Program Reauthorization Act of 2009. <br />Notwithstanding any provision of the Plan to the contrary, the Plan shall be operated <br />and maintained in a manner consistent with the Children's Health Insurance Program <br />Reauthorization Act of 2009 ("CHIPRA'). <br />24 <br />
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