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5.3. ERMUSR 02-09-2010
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5.3. ERMUSR 02-09-2010
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ERMUSR
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2/9/2010
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after the expiration of the period. Such forfeited amount shall not be distributed in <br />cash, carried over to the next Plan Year or used by the Participant for any other <br />purpose. <br />11.13 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 />11.14 Qualified Reservist Distribution. A Participant may request, in writing on a form <br />provided by the Plan Administrator, a "Qualified Reservist Distribution" from the <br />Participant's ME Account if: (a) the Participant is a member of the Army National <br />Guard, the Army Reserve, the Navy Reserve, the Marine Corps Reserve, the Air <br />National Guard, the Air Force Reserve, the Coast Guard Reserve, or the Reserve <br />Corps of the Public Health Service; and (b) the Participant has been ordered or called <br />to active duty for either (1) at least one hundred eighty (180) days, or (2) an <br />indefinite period of time. Such request must be made on or after the date of the <br />order or call to active duty and before the last day of the Plan Year. A copy of the <br />order or call to duty must accompany the form. The amount available to the <br />Participant as a Qualified Reservist Distribution shall be the amount contributed to <br />the ME Account as of the date of the request minus any reimbursements of Medical <br />Expenses provided under the ME Account as of that date. Such distributions shall be <br />included in the Participant's taxable income and shall be subject to normal wage <br />withholding requirements to the extent required by law. If a balance remains in the <br />Participant's ME Account following the Qualified Reservist Distribution, the Participant <br />may continue to submit claims for reimbursement. <br />11.15 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. <br />11.16 HIPAA. The Medical Expense Reimbursement Plan shall comply with the Privacy <br />Rules and Security Rules under HIPAA (if applicable) as further provided in Article <br />XIII. <br />11.17 Further Limitations on Benefits. <br />(a) This Article does not cover expenses incurred for any loss caused by or <br />resulting from injury or disease for which benefits are payable under any <br />worker's compensation law or other employer, union, association or <br />governmental sponsored group insurance plan. <br />(b) This Article does not cover expenses incurred for any loss caused by or <br />resulting from injury or disease for which benefits are received by the <br />Participant, the Participant's Spouse or the Participant's Dependent under any <br />health and accident insurance policy or program, whether or not premiums <br />are paid by the Employer or the Participant, the Participant's Spouse or the <br />Participant's Dependent child. <br />(c) Amounts reimbursed under a dependent care assistance program described in <br />Section 129 of the Code shall not be reimbursed under this Plan. <br />31 <br />
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