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© Hitesman & Wold, P.A. 2019 Cafeteria Plan Summary Description (3-11) 10 the plan). The Plan Administrator (in its sole discretion) will decide, in accordance with prevailing IRS guidance, whether a curtailment is "significa nt," and whether a benefit package option constitutes "similar coverage" based upon all the surrounding facts and circumstances. (2) Loss of Coverage. If the Plan Administrator determines that your coverage, or the coverage of your spouse or dependent, is lost during a Plan Year, you may: (i) enroll in another option providing similar coverage and make a corresponding election change to pay for that new coverage through the Cafeteria Plan, or (ii) if no other option providing similar coverage is available, cancel the underlying coverage and revoke your election to pay the cost of such coverage through this Cafeteria Plan. Coverage is deemed "lost" only if there is a complete loss of coverage (e.g., the benefit plan option is eliminated or an annual or lifetime maximum is reached) or other fundamental loss of coverage (e.g., a substantial decrease in the health care providers available under the option or a reduction in benefits for a specific type of medical condition with respect to which you or your spouse or dependent is currently receiving treatment . The Plan Administrator (in its sole discretion) will decide, in accordance with prevailing IRS guidance, whether a “loss" has occurred, and whether a benefit package option constitutes "similar coverage" based upon all the surrounding facts and circumstances. Application to Dependent Care Flexible Spending Account. This rule allows you to change your election under the Dependent Care Flexible Spending Account to reflect changes regarding your dependent care provider, including: (1) the termination of one provider and the hiring of another provider, and (2) the termination of a provider because a relative becom es available to care for your child at no cost. You will need to notify the Plan Administrator of any such change in coverage under the Dependent Care Flexible Spending Account. (3) Addition or Improvement of an Optional Benefit. If during a Plan Year, a new plan or plan option is offered, or if coverage under an existing plan or option is significantly improved, you may enroll in the new or improved coverage and make or change your election to pay the cost of such coverage through the Cafeteria Plan. The Plan Administrator (in its sole discretion) will decide, in accordance with prevailing IRS guidance, whether an Optional Benefit has been “significantly improved” based upon all the surrounding facts and circumstances. (4) Change Under Another Employer-Sponsored Plan. You may make an election change that is on account of and corresponds with a change made under another employer-sponsored plan (including a plan of the Employer or a plan of another employer) if: (i) the other plan permits its participants to make an election change that would be permitted under the prevailing IRS guidance, or (ii) the Plan Year of this Cafeteria Plan is different from the plan year under the other plan. For example, if your spouse drops your coverage during open enrollment under his or her employer’s group medical plan and you enroll in the Employer’s Group Medical Plan, you may make or change your election to pay for such coverage through the Cafeteria Plan. (5) Loss of Governmental or Educational Coverage. If you add coverage under an Employer-sponsored group health plan (e.g., the Group Medical Plan or Group Dental Plan) for yourself or your spouse or dependent because such individual has lost coverage under any health coverage sponsored by a governmental or educational institution (including, but not limited to, the following: a state