10-10-2022 Council Packet - Laserfiche WebLink

Home Browse Search

© 2019 Hitesman & Wold, P.A. MEDSURETY, LLC Cafeteria Plan 1-888-816-4234, www.medsurety.com Basic Plan Document 3 2.11 Election means the choice of Optional Benefits and means of payment made by the Participant, as described in Article V. 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 chan ge 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 Electronic Protected Health Information (“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 stor age media (i.e., internet, extranet, and other networks). PHI transmitted via facsimile and telephone is not considered to be transmissions via electronic media. 2.14 Eligible Employee means each Employee who has met the eligibility requirements of Section 3.1. 2.15 Employee means any person employed by the Employer and on the Employer’s W -2 payroll 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; (d) Any employee who is a leased employee as defined in Section 414(n)(2) of the Code; (e) An individual classified by the Employer as a contract wor ker, independent contractor, temporary employee, or casual employee, whether or not any such persons are on the Employer’s W-2 payroll or are determined by the IRS or others to be common-law employees of the Employer; or (f) Any individual who performs services for the Employer but is paid by a temporary or other employment or staffing agency such as “Kel ly,” “Manpower,” etc., whether or not such individuals are determined by the IRS or others to be common-law employees of the Employer. 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. 2.16 Employer means the Employer named in the Adoption Agreement and any affiliate that, with the consent of the Employer, becomes an Employer by adopting the Plan or any successor business organization that assumes the obligations of the Employer. For non-governmental Employers, “affiliate” means an entity (other than the Employer) which i s part of a group of entities which includes the Employer and which constitutes (a) a controlled group of corporations (as defined in Section 414(b) of the Code), (b) a group of trades or businesses, whether or not incorporated, under common control (as defined in Section 414(c) of the Code), or (c) an affiliated service group (within the meaning of Section 414(m) of the Code).