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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 />16 <br />(i) Special Rule for HSA Contribution Feature. A Participant may change his or her <br />Election with respect to the HSA Contribution Feature prospectively on at least a monthly <br />basis. A Participant may also revoke his or her Election w ith respect to the HSA <br />Contribution Feature prospectively if the Participant becomes ineligible to make or have <br />made HSA contributions under the HSA Contribution Feature. <br />(j) Other. The Plan Administrator shall have the discretion to allow a change to or <br />termination of an Election to the extent such change or termination is the result of any <br />other situation informally recognized by the Internal Revenue Service as providing an <br />exception to the general rule that Elections are irrevocable (e.g., corrections o f mistakes, <br />changes to meet nondiscrimination requirements). <br />A Participant entitled to make a new Election under this Section must do so within thirty (30) <br />days of the event. An Employee who is eligible to elect benefits but declined to do so during the <br />initial Election period, or during a subsequent Election period, may file a new Election within <br />thirty (30) days of the occurrence of an event described above, but only if the new Election is <br />made on account of and corresponds with the event. Subject to th e provisions of the underlying <br />group health plan, Elections made to add medical coverage for a newborn or newly adopted <br />Dependent child pursuant to a HIPAA special enrollment right may be retroactive for up to thirty <br />(30) days. All other new Elections shall be effective prospectively immediately following the date <br />the Participant files the new Election with the Plan Administrator. Elections made pursuant to <br />this Section shall be effective for the balance of the Plan Year in which the Election is made <br />unless a subsequent event (described above) allows a further Election change. <br />5.5 Rehire and Eligibility Loss. Termination of employment shall automatically revoke a ny <br />Election. Former Participants who are rehired: <br />(a) After thirty (30) days following a termination of employment, shall have two “periods of <br />coverage;” that period prior to the termination of employment and that period following <br />the re-employment of the terminated Employee. Expenses incurred prior to the <br />termination of employment shall be subject to the Election in effect upon termination; <br />while the Employee shall have an opportunity to make a new Election and expenses <br />incurred after re-employment shall be subject to the Election made upon re-employment. <br />(b) Within thirty (30) days following a termination of employment, shall have the Election in <br />effect prior to the termination of employment reinstated upon re -employment. <br />5.6 Benefit Descriptions. Although an Election to pay for insurance and insurance-type Optional <br />Benefits is made under this Plan, the benefits themselves will be provided in accordance with the <br />documents or contracts describing the types and amounts of benefits available, the requirements <br />for participation, the procedures for submitting claims, and the other terms and conditions of <br />such coverage. Such underlying documents or contracts, if any, are incorporated into this Plan <br />by reference. <br />5.7 Forfeiture. <br />(a) Entities Subject to ERISA. Any amounts, whether obtained through salary reduction, <br />salary deduction, Employer Contributions, or otherwise, unde r this Plan that are Plan <br />assets and which cannot be distributed by the Plan Administrator to cover the cost of <br />Optional Benefits for the applicable Plan Year, shall be forfeited by the Participant. The <br />Plan Administrator may use such forfeited amounts to defray the reasonable <br />administrative costs of the portion of the Plan yielding the forfeiture. To the extent <br />forfeited amounts remain, the Plan Administrator shall arrange for the provision of a <br />benefit for a broad cross section of Participants of the sa me type as the benefit which <br />resulted in the forfeitures. Under no circumstances shall the Plan Administrator establish