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ARTICLE I <br />INTRODUCTION <br />1.1 Establishment. Elk River Municipal Utilities (hereinafter the 'Employer"), hereby <br />amends and restates, effective January 1, 2010, the Elk River Municipal Utilities <br />Flexible Benefits Plan (the ~~Plan"). <br />1.2 Purpose. The purpose of the Plan is to provide Participants with a choice between <br />cash and certain "qualified benefits" as defined in Section 125 of the Code. [See <br />Illustration 1 on Page 2 of this Plan.] The Plan is intended to qualify as a "cafeteria <br />plan" under Section 125 of the Code so that Optional Benefits a Participant elects to <br />receive under the Plan will be eligible for exclusion from the Participant's gross <br />income to the fullest extent possible under the Code. <br />1.3 HIPAA Privacy and Security Rules. Portions of this Plan are "covered entities" for <br />purposes of the Privacy Rules and the Security Rules. <br />1.4 Gender and Number. Pronoun references in this Plan shall be deemed to be of any <br />gender relevant to the context, and words used in the singular may also include the <br />plural. <br />1.5 Not ERISA Plan. This Plan is not an employee welfare plan for purposes of ERISA <br />because the Plan is a governmental plan within the meaning of Act. Sec. 3(32) of <br />ERISA. Any resemblance of the Plan to an ERISA plan shall not bind the Plan to <br />comply with ERISA. <br />1' <br />