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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 />9 <br />assets are not required to be held in trust pursuant to ERISA Technical Release 92-01. For all <br />other purposes not addressed in ERISA Technical Release 92-01, such amounts retain their <br />character and shall be treated as Plan assets. <br />4.6 Insurer Refunds. Any refund provided to the Employer by an Insurer that has issued an <br />insurance contract for any Optional Benefit will be allocated as provided herein. The refund will <br />constitute Plan assets only to the extent required by applicable law. If the Optional Benefit is <br />subject to ERISA, the refund will be allocated between the Employer and the Participants in <br />accordance with the then prevailing United States Department of Labor (DOL) guidance. The <br />portion of the refund allocated to Participants will be (a) used solely for the benefit of the <br />Participants participating in the Optional Benefit with respect to which the refund was provided, <br />and (b) returned to such Participants in a manner allowed by applicable law (e.g., to provide a <br />refund of Participant premiums, a premium holiday, an increase in benefits, etc.), as determined <br />by the Plan Administrator in its sole discretion. The portion of the refund allocated to Participants <br />will be returned to the Participants no later than three (3) months following the date on which <br />the Employer receives such refund from the Insurer.