5.3. ERMUSR 02-09-2010 - Laserfiche WebLink

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2.9 Effective Date means the effective date of this amendment and restatement, which is January 1, 2010. 2.10 Election means the choice of Optional Benefits and means of payment made by the Participant, as described in Article v. 2.11 ePHI means PHI maintained or transmitted in electronic media including, but not limited to, electronic storage media (i.e., hard drives, digital memory medium) and transmission media used to exchange information in electronic storage media (i.e., Internet, extranet, and other 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 prior to the date on which the Eligible Employee begins participation 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 defined 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 that are made available to the Participant by the Employer for the purpose of electing Optional Benefits under the Plan. 2.17 Entry Date means the date(s) as of which Eligible Employees may become Participants in this Plan provided all necessary forms have been completed. The initial Entry Date for an Eligible Employee is the later of: (a) the first day on which the Employee first becomes an Eligible Employee; or (b) the date on which all 4