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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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applicable Plan Year. Such payments shall be made from Employer Contributions, if <br />any, provided by the Employer under the Plan and, if necessary, contributions made <br />in accordance with the salary reduction arrangement and other arrangements <br />applicable to the Participant under the terms of the Plan. The appropriate portions <br />shall depend on the coverage elected by the Participant. The Plan Administrator <br />shall also make such payments on behalf of the Participant's Dependents who are <br />enrolled in the Group Medical Benefits. To the extent a Dependent is provided <br />coverage under the Group Medical Benefits and that Dependent is not the <br />Participant's Spouse or Tax Dependent, the tax consequence of such coverage shall <br />be addressed as described in Section 4.2. <br />9.6 Nondiscrimination. To the extent this portion of the Plan is subject to Section <br />105(h) of the Code, it shall not discriminate in favor of Highly Compensated <br />Individuals with respect to eligibility to participate or benefits. If the Plan <br />Administrator determines that this portion of the Plan is or may be discriminatory, <br />the Plan Administrator may take action permitted by law to avoid such a result as <br />described in Section 6.16. If this portion of the Plan fails any applicable <br />nondiscrimination requirements. Highly Compensated Individuals shall have taxable <br />income imputed to the extent required by law. <br />9.7 Medical Child Support Orders. Notwithstanding any provision of this Plan to the <br />contrary, this Plan shall recognize child support orders regarding coverage under this <br />Plan to the extent required by applicable law. <br />9.8 Continuation of Coverage. Continued coverage shall be provided if it is required <br />under, and in accordance with, the Consolidated Omnibus Budget Reconciliation Act <br />of 1985 ("COBRA"), as amended, and, as reflected in the Public Health Services Act <br />("PHSA"), as amended To the extent not contained in Article XIV, the Plan <br />Administrator shall, within the parameters of the law, be responsible for the <br />applicable continuation requirements. There shall also be compliance with applicable <br />state laws concerning continuation of coverage to the extent not preempted by <br />federal law. There shall also be compliance with applicable state laws concerning <br />continuation of coverage to the extent not preempted by federal law. <br />9.9 HIPAA. The Group Medical Benefits shall comply with the Privacy Rules and <br />Security Rules under HIPAA (if applicable) as further provided in Article XIII. <br />26 <br />
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