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rule that Elections are irrevocable (e.g., corrections of mistakes, changes to meet <br />nondiscrimination Deleted: requirements).¶ <br />A Participant entitled to make a new Election under this Section must do so within thirty (30) <br />days of the event. An Employee who is eligible to elect benefits but declined to do so during the <br />initial Election period, or during a subsequent Election period, may file a new Election within <br />thirty (30) days of the occurrence of an event described above, but only if the new Election is <br />made on account of and corresponds with the event. Subject to the provisions of the underlying <br />group health plan, Elections made to add medical coverage for a newborn or newly adopted <br />child pursuant to a HIPAA special enrollment right may be retroactive for up to thirty Deleted: Dependent <br />(30) days. All other new Elections shall be effective prospectively immediately following the date <br />the Participant files the new Election with the Plan Administrator. Elections made pursuant to <br />this Section shall be effective for the balance of the Plan Year in which the Election is made <br />unless a subsequent event (described above) allows a further Election change. <br /> Deleted: ¶ <br />5.4 Rehire and Eligibility Loss. Termination of employment shall automatically revoke any For purposes of Section 5.3, [he term <br />" <br />" <br />E2CtI0n. PdrtlClpdnt5 Who are rehired: shall mean an individual who is a <br />Dependent <br />"dependent" under Section 152 of the Code, <br /> determined without regard to subsections <br />After thirty (30) days following a termination of employment, shall have two "periods of (b)(I), (b)(z), and (d)(1)(B) tnereor.¶ <br />coverage;" that period prior to the termination of employment and that period following Deleted: except as otnerwise limited by <br />the re-employment of the terminated Employee. Expenses incurred prior to the applicable Optional Benefits, former <br />termination of employment shall be subject to the Election in effect upon termination; Deleted: (a) <br />while the Employee shall have an opportunity to make a new Election and expenses <br />incurred after re-employment shall be subject to the Election made upon re-employment. <br />Within thirty (30) days following a termination of employment, shall have the Election in Deleted: (b) <br />effect prior to the termination of employment reinstated upon re-employment. <br />5.5 Benefit Descriptions. While an Election to receive one or more of the Optional Benefits may Deleted: (if any), <br />be made under this Plan, the benefits themselves may be provided in accordance with Plan Deleted: The <br />documents or contracts which describe the types and amounts of benefits available, the <br />requirements for participation, procedures for submitting claims, and the other terms and Deleted: Administrator <br />conditions of coverage. Such underlying Plan documents or contracts, if any, are incorporated Deleted: use such forfeited amounts <br />into this Plan by reference. Deleted: Plan. To the extent forfeited <br /> Deleted: remain, the Plan Administrator shall <br />5.6 Forfeiture. Any amounts, whether obtained through salary reduction, salary deduction, arrange <br />Employer Contributions or otherwise, under this Plan which cannot be distributed by the Plan Deleted: provision of a benefit for <br />Administrator to cover the cost of Benefits for the applicable Plan Year, shall be forfeited <br />by the Participant. Plan may Deleted: broad cross section of <br />to defray the reasonable administrative costs Of the Deleted: of the same type as the benefit which <br />amounts for the resulted in the forfeitures. <br />d Participants Deleted: will be "currently available" (as <br />Under no circumstances shall the Plan Administrator establish an Outside defned in Internal Revenue Service proposed or <br />formal or informal arran ement under which the forfeited amounts <br />9 anal regulations) to the Participant wno <br />experienced the forfeiture. This forfeiture <br /> requirement shall be applied separately for each <br /> Optional Benefit. <br />5.7 Limitations on Benefits. Benefits shall be limited the Plan Administrator Deleted: in a manner which will prevent the <br />With Plan from discriminating in favor of Highly <br />Or Compensated Individuals as to eligibility to <br /> participate and Highly Compensated Pamcipants <br /> as to contributions and benefits. As provided in <br /> Section 6.13, <br /> Deleted: shall determine the manner of <br /> adjusting eligibility, benefits, and contributions, <br /> if necessary, and may do so <br /> Deleted: without [he consent of such <br /> Participants. <br />© 2009 Hitesman & Associates, P.A. 13 Elk River Municipal Utilities <br />Flexible Benefts Plan (No. 8.0.0.0) <br />