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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 />28
<br />ARTICLE VIII.
<br />GENERAL PROVISIONS
<br />8.1 Plan Not a Contract of Employment. The Plan is not an employment agreement and does
<br />not assure the continued employment of any Employee or Participant for any period of time.
<br />Nothing contained in the Plan shall interfere with the Emp loyer’s right to discharge an Employee
<br />or Participant at any time, regardless of the effect such discharge may have upon the individual
<br />as a Participant in this Plan.
<br />8.2 No Right to Employer’s Assets. No Employee, Participant or beneficiary thereof shall hav e
<br />any right to, or interest in, any assets of the Employer upon termination of employment, or
<br />otherwise except as provided from time to time under this Plan, and then only to the extent of
<br />the benefits payable under the Plan to such Employee, Participant o r beneficiary thereof. In
<br />addition, the Claims Administrator shall not be liable in any manner for such payments.
<br />8.3 Non-Alienation of Benefits. Benefits payable under this Plan shall not be subject to
<br />anticipation, alienation, sale, transfer, execution, or levy of any kind either voluntary or
<br />involuntary, including any such liability which is for alimony or other payments for the support of
<br />a Spouse or former Spouse, or for any other relative of the Participant, prior to actually being
<br />received by the person entitled to the benefit under the terms of the Plan. Any attempt to
<br />anticipate, alienate, sell , transfer, assign, pledge, encumber, charge or otherwise dispose of any
<br />right to benefits payable under the Plan shall be void. The Employer, Plan Administra tor and/or
<br />Claims Administrator shall not in any manner be made liable for, or subject to, the de bts,
<br />contracts, liabilities, engagements or torts of any person entitled to benefits under the Plan.
<br />8.4 Action by Employer. Whenever the Employer, under the terms of this Plan, is permitted or
<br />required to do or perform any act or matter or thing, it shall be done and performed by the
<br />managing body of the Employer or such representatives of the Employer as the managing body
<br />may designate.
<br />8.5 No Guarantee of Tax Consequences. Notwithstanding any provision in this Plan to the
<br />contrary, neither this Plan nor the Em ployer make any commitment or guarantee that any
<br />amounts paid to or on behalf of a Participant under this Plan will be excludable from the
<br />Participant’s gross income for federal or state or local income tax purposes. It shall be the
<br />obligation of each Participant to determine whether each payment is excludable from the
<br />Participant’s gross income for federal, state and local income tax purposes, and to notify th e
<br />Employer if the Participant has reason to believe that any such payment is not so excludable.
<br />8.6 Indemnification of Employer by Participants. To the maximum extent allowed by, and in
<br />accordance with, applicable law, f any Participant receives one or more payments or
<br />reimbursements under this Plan that are not for eligible expenses, such Participant s hall
<br />indemnify and reimburse the Employer for any liability it may incur for failure to withhold
<br />applicable federal, state or local income tax or Social Security tax from such payment or
<br />reimbursements. However, such indemnification and reimbursement shall not exceed the
<br />amount of additional federal, state and local income tax that the Participant would have owed if
<br />the payments or reimbursements had been made to the Participant as regular cash
<br />compensation, plus the Participant's share of any Social Security tax that would have been paid
<br />on such compensation, less any such additional income and Social Security tax actually paid by
<br />the Participant.
<br />8.7 Benefits Provided Through Third Parties. In the case of any Optional Benefit provided
<br />through a third party (e.g., an Insurer), if there is any conflict or inconsistency between the
<br />description of benefits contained in this Plan and the contract or policy, the terms o f the contract
<br />or policy shall control, unless prohibited by applicable law or specifically addre ssed in this Plan.
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