5.3. ERMUSR 02-09-2010 - Laserfiche WebLink

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networks). PHI transmitted via facsimile and telephone is not considered to be transmissions via electronic media. 2.12 Election Period means the period of time identified by the Plan Administrator prior to the start of a Plan Year during which a Participant may change his or her Election. For a Participant who enters the Plan other than at the start of a Plan Year, Election Period means the period of time identified by the Plan Administrator during which an Eligible Employee may make an Election or change a deemed Election. 2.13 Eligible Employee means each Employee who has met the eligibility requirements of Section 3.1. 2.14 Employee means any person employed by the Employer on or after the Effective Date, except that it shall not include: (a) any self-employed individual as described in Section 401(c) of the Code; (b) any employee included within a unit of employees covered by a collective bargaining unit unless such agreement expressly provides for coverage of the employee under this Plan; (c) any employee who is a nonresident alien and receives no earned income from the Employer from sources within the United States; or (d) any employee who is a leased employee as defned in Section 414(n)(2) of the Code. All employees who are treated as employed by a single employer under subsections (b), (c) or (m) of Section 414 of the Code are treated as employed by a single employer for purposes of this Plan. Employee also includes any elected official of the Employer employed by the Employer on or after the Effective Date. 2.15 Employer means Elk River Municipal Utilities. 2.16 Employer Contribution means amounts, if any, that have not been actually or constructively received by the Participant made available to the Participant by the Employer for the purpose of electing Optional Benefits under the Plan Deleted: as described in section a.a, in accordance with the Election requirements. 2.17 Entry Date means the date(s) as of which Eligible Employees may become Participants in this Deleted: No Employer contribution mall be Plan provided all necessary forms have been completed. The initial Entry Date for an Eligible credited to any Employee during a period of Employee is the first day on which the Employee first becomes an Eligible leave of absence, whether aumonzed or Thereafter the unauthorized, unless required by the Family " " , - Medical Leave Act ( FMLA ). Entry Date is the first day of each Plan Year unless a Change in Status occurs. Deleted: Employees who are not eligible for participation on the first day of the Plan Year 2.18 Highly Compensated Individual means individuals who are highly compensated as defined in shall have their annual Employer Contribution $eCtlOn 125(e)(2) Of the Code. prorated by multiplying the annual available Employer Contribution by a fraction, the 2.19 Highly Compensated Participant means Participants who are highly compensated as defined numerator of which is the number of months the Employee is eligible for participation for the in Section 125(e)(1) of the Code. Plan year, the denominator which is twelve. The Employer Contribution, including any 2.20 HIPAA means Health Insurance Portability and Accountability Act of 1996, and regulations additional limaa6ons or restrictions thereon, thereunder, as amended from time to time. shall be communicated to Participants prior to [he start of [he Plan Year as part of [he Election materials. Deleted: Employee. 2.22 Insurer means any insurance company that has issued a policy through which benefits are Deleted: ,licensed to do business in the state made available under this Plan. of Minnesota, © 2009 Hitesman & Associates, P.A. 4 Elk River Municipal Utilities Flexible Benefits Plan (No. 8.0.0.0)