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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 />14 <br />prospectively change his/her Election with respect to the newly-added or <br />improved Optional Benefit; and (ii) an Eligible Employee may commence <br />participation in such Optional Benefit. The Plan Administrator (in its sole <br />discretion) will decide, in accordance with prevailing IRS guidance, whether an <br />Optional Benefit has been “significantly improved” based upon all the <br />surrounding facts and circumstances. <br />(4) Change Under Another Employer Sponsored Plan. A Participant may make <br />a prospective Election change (other than the Health Flexible Spending Account <br />or Limited Scope Medical Reimbursement Plan) that is on account of and <br />corresponds with a change made under another employer -sponsored plan <br />(including a plan of the Employer or a plan of another employer), provided (i) <br />the other cafeteria plan or qualified benefits plan permits its participants to make <br />an Election change that would be permitted under the Cafeteria Plan <br />Regulations, or (ii) this Plan permits Participants to make an Election for a Plan <br />Year period of coverage which is different from the plan year period of coverage <br />under the other cafeteria plan or Optional Benefit. The Plan Administrator shall <br />determine, based on prevailing IRS guidance, whether a requested change is on <br />account of and corresponds with a change made under another employer - <br />sponsored plan. <br />(5) Loss of Governmental or Educational Coverage. A Participant may <br />prospectively change his or her Election to add group health coverage for the <br />Participant or his or her Spouse or Dependent, if such individual(s) loses <br />coverage under any group health coverage sponsored by a governmental or <br />educational institution, including (but not limited to) the following: a state <br />children’s health insurance program (“SCHIP”) under Title XXI of the Social <br />Security Act; a medical care program of an Indian Tribal government (as defined <br />in Code § 7701(a)(40)), the Indian Health Service, or a tribal organization; a <br />state health benefits risk pool; or a foreign government group health plan, <br />subject to the terms and limitations of the applicable benefit package option(s). <br />(6) Enrollment in Marketplace Coverage. <br />(i) A Participant who has made an Election to pay for Group Medical <br />Benefits may revoke that Election if the following conditions are satisfied: <br />(A) The Participant either (I) is eligible to enroll in a qualified health <br />plan through a public insurance exchange (the “Marketplace”) <br />via a special enrollment period (as provided in any guidance <br />issued by the Department of Health and Human Services or any <br />other applicable guidance), or (II) seeks to enroll in a qualified <br />health plan through the Marketplace during the Ma rketplace’s <br />annual open enrollment period; <br />(B) The Participant cancels coverage under the Group Medical <br />Benefits in accordance with the terms and conditions of that <br />plan; and <br />(C) The Participant, and any related individuals who were also <br />enrolled in the Group Medical Benefits, have enrolled in or intend <br />to enroll in a qualified health plan through the Marketplace that <br />will be effective no later than the day immediately following the <br />last day for which coverage under the Group Medical Benefits <br />was effective (i.e., there is no break in coverage). The Plan