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<br />© 2019 Hitesman & Wold, P.A. MEDSURETY, LLC <br />Cafeteria Plan 1-888-816-4234, www.medsurety.com <br />Basic Plan Document <br />2 <br />ARTICLE II. <br />DEFINITIONS <br />The following words and phrases are used in this Plan and shall have the meanings set forth in this <br />Article unless a different meaning is clearly required by the context or is defined within an Article. <br />2.1 Adoption Agreement means the separate agreement that shall be executed by the Employer <br />sponsoring the Plan and that shall contain Employer-specific information and the Employer’s <br />selections of options under the Plan. <br />2.2 Cafeteria Plan Regulations means any final regulations, or proposed regulations on which <br />employers may rely, issued by the Department of Treasury under Section 125 of the Code. <br />2.3 Cash Payment means the amount received by a Participant described in Article XX, if <br />applicable. <br />2.4 Change in Status means the situations that permit an Eligible Employee or Participant to make <br />a change in his or her Election mid-Plan Year and include events that: <br />(a) Change an Eligible Employee’s or Participant’s legal (under applicable state and federal <br />law) marital status, <br />(b) Change the number of an Eligible Employee’s or Participant’s dependents (as defined in <br />Section 5.4), <br />(c) Change an Eligible Employee’s or Participant’s employment status, or the employment <br />status of the Participant’s Spouse or dependents (as defined in Section 5.4), <br />(d) Cause an Eligible Employee’s or Participant’s dependent (as defined in Section 5.4) to <br />satisfy or cease to satisfy the eligibility requirements for an Optional Benefit, and <br />(e) Change the place of residence of an Eligible Employee or Participant, or his or her <br />Spouse or dependents (as defined in Section 5.4). <br />2.5 Claims Administrator means Medsurety, LLC, as appointed under Section 6.1(c). <br />2.6 Code means the Internal Revenue Code of 1986, as amended from time to time. <br />2.7 Compensation means the total salary, wages, bonuses, pay for overtime, vacation pay, sick <br />pay, pay for shift differentials, and other cash compensation paid by the Employer to a <br />Participant (without regard to any salary reduction under this Plan or any pre -tax program <br />recognized under the Code), but excluding reimbursed expenses, car expense allowances, credits <br />for benefits under any plan of deferred compensation to which the Employer contributes, and any <br />additional compensation payable in a form other than cash. <br />2.8 Covered Individual means a person, including a Participant, a Dependent of a Participant, a <br />Spouse of a Participant, and any other person, appropriately covered under an Opt ional Benefit <br />subject to the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”). <br />2.9 Dependent means “Dependent” as defined in each Optional Benefit provision in which such <br />term is used. Dependent is not necessarily the same as a dependent for t ax purposes. See the <br />definition of Tax Dependent in Section 2.37. <br />2.10 Effective Date means the date specified in the Adoption Agreement on which the Plan, or Plan <br />restatement, is effective and applicable to the Eligible Employees and Participants.