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ARTICLE II. <br />DEFINITIONS <br />The following words and phrases are used in this Plan and shall have the meanings set forth in this <br />Article unless a different meaning is clearly required by the context or is defined within an Article. <br />2.2 Change in Status means the situations that permit a <br />a change in his or her Election mid-Plan Year <br />2.3 Claims Administrator means the entity described Section 6.1(c). <br />Participant to make <br />2.5 Code means the Internal Revenue Code of 1986, as amended from time to time. <br />2.6 Compensation means all of an Employee's earnings from the Employer which are subject to <br />withholding for federal income tax purposes. <br />2.7 Covered Individual means a person, including a Participant, a Dependent of a Participant, a <br />Spouse of a Participant, and any other person, appropriately covered under an Optional Beneft <br />subject to the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA"), as amended, <br />and as reflected in the Public Health Services Act ("PHSA"), as amended. <br />2.8 Dependent means "Dependent" as defined in each Optional Benefit provision in which such <br />term is used. Dependent is not necessarily the same as a dependent for tax purposes. <br />2.9 Effective Date means the effective date of this amendment and restatement, which is January <br />1, <br />2.10 Election means the choice of Optional Benefits and means of payment made by the Participant, <br />as described in Article V. <br />2.11 ePHI means PHI maintained or transmitted in electronic media including, but not limited to, <br />electronic storage media (i.e., hard drives, digital memory medium) and transmission media used <br />to exchange information in electronic storage media (i.e., Internet, extranet, and other <br />© 2009 Hitesman & Associates, P.A. 3 Elk River Municipal Utilities <br />Flexible Benefits Plan (NO. 8.0.0.0) <br />Deleted: recognized by this Plan and permitted <br />under applicable law, as reflected in Section <br />5.3, <br />Deleted:. <br />Deleted: under <br />Deleted: Unless specifically stated otherwise, <br />Deleted: 2008. <br />