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10-10-2022 Council Packet
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10-10-2022 Council Packet
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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 />41 <br />applicable law (including regulatory guidance), a Participant entitled to an <br />Account carryover in accordance herewith shall receive the carryover to a Limited <br />Scope Health Flexible Spending Account if: (i) the Participant enrolls in the <br />Limited Scope Health Flexible Spending Account for the following Plan Year, or <br />(ii) the Participant directs the Plan Administrator, by no later than the last day of <br />the Plan Year from which the carryover is to be made and in accordance with <br />procedures adopted by the Plan Administrator, to make the carryover to the <br />Limited Scope Health Flexible Spending Account. <br />(4) In general, a carryover made in accordance herewith shall occur automatically. <br />However, unless otherwise provided under applicable law (including regulatory <br />guidance), a Participant entitled to an Account carryover in accordance herewith <br />may elect, by no later than the last day of the Plan Year from which the <br />carryover is to be made and in accordance with procedures adopted by the Plan <br />Administrator, to waive the carryover. <br />(5) Unless provided otherwise in the Adoption Agreement, a carryover of an Account <br />balance shall be available even if the Participant has not made an Election under <br />the Health Flexible Spending Account or the Limited Scope Health Flexible <br />Spending Account (as applicable) for the Plan Year to which the carryover will be <br />made. <br />(6) Unless provided otherwise in the Adoption Agreement, carried over amounts are <br />available indefinitely. If the Adoption Agreement specifies a time period after <br />which carried over amounts are forfeited, then for purposes of applying that <br />restriction, amounts carried over to a subsequent Plan Year shall be used to pay <br />benefits under the Health Flexible Spending Account prior to any funds <br />contributed during that Plan Year. <br />(7) A carryover shall not count against the maximum reimbursement a Participant <br />may receive as specified in Section 11.8. <br />(c) Claims Run-Out Period. Except as otherwise provided in this Section 11.12, (1) <br />amounts attributed to a Participant’s Account for any Plan Year shall be used only to <br />reimburse the Participant for eligible Medical Expenses incurred during such Plan Year, <br />and (2) any balance remaining in a Participant’s Account for a Plan Year shall be forfeited <br />following upon the expiration of the Claims Run-out Period and shall be forfeited in <br />accordance with Section 5.7. The Plan Administrator may extend this period in the event <br />the Participant cannot obtain proper documentation until after the expiration of the <br />period. Such forfeited amount shall not be distributed in cash, carried over to the next <br />Plan Year or used by the Participant for any other purpose. <br />11.13 Medical Child Support Orders. Notwithstanding any provision of this Plan to the contrary, this <br />Health Flexible Spending Account shall recognize child support orders regarding coverage <br />hereunder to the extent required by applicable law. <br />11.14 Continuation of Coverage. Continued coverage shall be provided under the Health Flexible <br />Spending Account as required under the Consolidated Omnibus Budget Reconciliation Act of 1985 <br />(“COBRA”), as amended. The Plan Administrator may, within the pa rameters of the law, <br />establish policies and procedures regarding the COBRA continuation coverage provided under the <br />Health Flexible Spending Account, which shall be incorporated herein by reference. <br />11.15 HIPAA. The Health Flexible Spending Account shall comply with the Privacy Rules and Security <br />Rules under HIPAA (if applicable) as further provided in Article XXII.
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