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9.6 Nondiscrimination. To the extent this portion of the Plan is subject to Section 105(h) of the <br />Code, it shall not discriminate in favor of Highly Compensated Individuals to <br />eligibility to participate or benefits. If the Plan Administrator determines that this portion of the <br />Plan is or may be discriminatory, the Plan Administrator may take action permitted by law to <br />avoid such a result If this portion of the Plan fails any applicable <br />nondiscrimination requirements, Highly Compensated Individuals shall have taxable income <br />imputed to the extent required by law. <br />9.7 Medical Child Support Orders. Notwithstanding any provision of this Plan to the contrary, this <br />Plan shall recognize child support orders regarding coverage under this Plan to the extent <br />required by applicable law. <br />9.8 Continuation of Coverage. Continued coverage shall be provided if it is required under, and <br />in accordance with, the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA"), as <br />amended, and as reflected in the Public Health Services Act ("PHSA"), as amended To the extent <br />not contained in Article XIV, the Plan Administrator shall, within the parameters of the law, <br />continuation There shall also be compliance with <br />state laws concerning continuation of <br />coverage to the extent not preempted by federal law. <br />Deleted: , <br />Deleted: as <br />Deleted: . <br />Deleted: Medical <br />Deleted: Medical <br />Deleted: Medical <br />Deleted: Participants involved in a divorce or <br />child custody matter should be directed to have <br />their legal counsel contact the Plan <br />Administrator. <br />Deleted:. <br />Deleted: establish uniform policies by which to <br />provide such <br />Deleted: coverage. <br />Deleted: medical insurance <br />© 2009 Hitesman & Associates, P.A. 22 Elk River Municipal Utilities <br />Flexible Benefits Plan (No. 8.0.0.0) <br />