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5.3. ERMUSR 02-09-2010
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5.3. ERMUSR 02-09-2010
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City Government
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ERMUSR
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2/9/2010
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ARTICLE XII. <br />DEPENDENT CARE EXPENSE REIMBURSEMENT PLAN <br />12.1 Purpose. The purpose of this is to provide. Participants with the <br />reimbursed for eligible Dependent Care Expenses <br />is intended to qualify as a dependent care assistance program under <br />Section 129 of the Code so that payments received under this portion of the Plan are excludable <br />from the gross income of the Participant under Section 129(a) of the Code. <br />12.3 Definitions. <br />Dependent Care Account ("DC Account") means the record keeping account <br />established by the Plan Administrator for each Plan Year for each Participant from whom <br />an Election to create such an account is received. <br />Dependent Care Center shall have the meaning given such term in Sections <br />21(b)(2)(C) and 21(b)(2)(D) of the Code: a facility that complies with all applicable <br />laws and regulations of the state and town, city or village in which it is located; <br />provides care for more than six individuals (other than individuals who reside at the <br />facility); and receives a fee, payment or grant for providing services for any of the <br />individuals (regardless of whether such facility is operated for profit). <br />Dependent Care Expenses means amounts paid by the Participant for services that <br />would be considered employment-related expenses under Section 21(b)(2) of the Code <br />applicable proposed or final regulations issued <br />Employment-related expenses for <br />purposes of this Plan include expenses incurred to enable a Participant to be Gainfully <br />Employed during any period for which there are one or more Qualifying Individuals with <br />respect to the Participant for (1) household services and (2) care of a Qualifying <br />Individual. However, employment-related expenses which are incurred for services <br />outside the Participant's household shall be considered Dependent Care Expenses only if <br />incurred for the care of a Qualifying Individual described in Section below or a <br />Qualifying Individual not described in Section below who regularly spends at <br />least eight ($) hours each day in the Participant's household. Dependent Care Expenses <br />do not include expenses which are incurred for services provided by a Dependent Care <br />Center if such center does not comply with all applicable laws and regulations of the <br />applicable or other unit of local government which regulates the center. In addition, <br />Dependent Care Expenses shall not include any amounts paid to an individual who <br />is a child of such Participant (within the meaning of Section 152(f)(1) of the <br />Code) who is under the age of nineteen (19) at the close of such taxable <br />with respect to whom, for such taxable year, a deduction is allowable under <br />Section 151(c) of the Code (relating to personal exemptions for to <br />such Participant or the Spouse of such <br />Deleted: <#>Separate Written Plan <br />Deleted: <#> For purposes of Section 129 of <br />the Code, this Article shall constitute a separate <br />written plan providing reimbursement of <br />Dependent Care Expenses. <br />Deleted: <#> To the extent necessary, other <br />provisions of the Plan are incorporated by <br />reference.¶ <br />Deleted: DC Plan <br />Deleted: option of being <br />Deleted:. The DC Plan <br />Deleted: <br />Deleted: (a) <br />Deleted: (b) <br />Deleted: (i) <br />Deleted: (ii) <br />Deleted: (iii) <br />Deleted: (c) <br />Deleted: if paid for by a Participant <br />Deleted: and under <br />Deleted: thereunder. <br />Deleted: 12.3(h)(1) <br />Deleted: 1z.3(n)(i) <br />Deleted: State <br />Deleted: <br />Deleted: (i) <br />Deleted: <br />Deleted: year, or Qi) <br />Deleted: Dependents) <br />Deleted: Participant. <br />© 2009 Hitesman & Associates, P.A. 28 Elk River Municipal Utildies <br />Flexible Benefits Plan (No. 8.0.0.0) <br />
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