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© 2019 Hitesman & Wold, P.A. MEDSURETY, LLC Cafeteria Plan 1-888-816-4234, www.medsurety.com Basic Plan Document 39 accordance with the Cafeteria Plan Regulations, the Plan reimburses Medical Expenses for orthodontia care in advance. 11.7 Reimbursement of Expense. The Participant shall be reimbursed as specified in Section 6.8 from the Participant’s Account for eligible Medical Expenses incurred during the applicable Plan Year and the Grace Period, if applicable, for which the Participant submits the documentation required under Article VI. An amount up to the sum of the Participant’s Election and the amount of carryover, if any, and reduced as of any particular time for prior reimbursements for the same Plan Year, and the Grace Period, if applicable, shall be available for reimbursement at all times during the Plan Year, and the Grace Period, if applicable. Claims for reimbursement within a Plan Year, and Grace Period, if applicable, must be submitted prior to the close of the Claims Run -Out Period for such Plan Year. In no case shall a payment be made which exceeds the balance in the Participant’s Account at the time reimbursement is processed. If a claim for reimbursement exceeds the balance in the Participant’s Account, the excess part of the claim will be denied. Except as provided in Section 11.13(b), under no circumstances (a) will any balance remaining in a Participant’s Account at the end of the Plan Year, and the Grace Period, if applicable, be carried over to the next Plan Year, or (b) will an otherwise eligible Medical Expense be carried over to the next Plan Year. 11.8 Annual Maximum. The maximum reimbursement a Participant may receive for a Plan Year under this portion of the Plan shall be the dollar amount indicated in the Adoption Agreement. The maximum reimbursement amount applies to the Participant, Spouse, and Dependent children on an aggregate basis, not an individual basis. For Plan Years that are less than 12 months, unless indicated otherwise in the Adoption Agreement, this maximum shall be pro-rated by multiplying the applicable maximum by a fraction with a numerator of the number of months in the short Plan Year and with a denominator of 12. For Pa rticipants beginning participation in the Plan mid-Plan Year, unless indicated otherwise in the Adoption Agreement, this maximum shall be pro-rated by multiplying the applicable maximum by a fraction with a numerator of the number of complete calendar months remaining in the Plan Year at the time the Participant begins participation and with a denominator of 12. Notwithstanding the foregoing, salary reduction contributions to this portion of the Plan shall not exceed any maximum imposed under applicable law. 11.9 Reimbursement Upon Termination of Participation. If an individual ceases to be a Participant in this portion of the Plan, coverage shall cease (which means that reimbursements shall cease) unless benefits under the Plan are continued as provided in Sec tion 11.14, if applicable. If coverage ceases, reimbursements for eligible Medical Expenses incurred before participation terminated will continue to be made as provided in the Adoption Agreement. 11.10 Participant’s Death. In the event a Participant dies having incurred an eligible Medical Expense (a) which would have been reimbursable out of the Partici pant’s Account had the Participant not died, and (b) for which a person or the Participant’s estate has paid for or assumed liability for the expense, reimbursement may be made to that person or the estate for that payment or assumption. The remainder of the Participant’s Account shall be forfeited in accordance with Section 5.7. 11.11 Nondiscrimination. The Health Flexible Spending Account shall not discriminate in favor of Highly Compensated Individuals as to eligibility to participate or benefits. If the Pl an Administrator determines that the Health Flexible Spending Account is or may be discriminatory, the Plan Administrator may take action permitted by law to a void such result as provided in Section 6.16.