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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 />43 <br />ARTICLE XII. <br />GROUP DENTAL BENEFITS <br />12.1 Separate Written Plan. For purposes of Sections 105 and 106 of the Code, this Article shall <br />constitute a separate written plan providing for the dire ct payment of Insurance Premiums. To <br />the extent necessary, other provisions of the Plan are incorporated by reference in this <br />document. <br />12.2 Purpose. The purpose of this Article is to provide Participants the opportunity to make pre-tax <br />payments for the cost of Group Dental Coverage through this Plan. The Employer provides <br />Group Dental Coverage through one or more “plans” within the meaning of Sections 105 and 106 <br />of the Code. <br />12.3 Definitions. <br />(a) Dependent means an individual (e.g., Spouse, child, domestic partner, etc.) who <br />qualifies as a “dependent” under the terms and conditions of the applicable plan <br />document governing the Group Dental Coverage. <br />(b) Group Dental Coverage means the dental coverage made available by the Employer to <br />which the Insurance Premiums relate. It does not include individual insurance policies. <br />(c) Highly Compensated Individual means an individual who is highly compensated as <br />defined in Section 105(h)(5) of the Code. <br />(d) Insurance Contract means (1) any insurance contract secured from an Insurer <br />authorized to do business in the state in which such contract is issued, which has been <br />obtained for the purpose of providing Group Dental Coverage; or (2) ) a self-insured plan <br />administered by a third party providing Group Dental Coverage. <br />(e) Insurance Premiums means the amount that must be paid on a periodic basis in <br />return for coverage under the Insurance Contract, which may include premiums for <br />continuation coverage provided under applicable federal or state law . <br />12.4 Terms, Conditions and Limitations. The Employer shall secure the necessary Insurance <br />Contracts for the provision of Group Dental Coverage. Coverage under the Group Dental <br />Coverage shall begin, benefits shall be provided, and coverage shall terminate in accordance with <br />the applicable Insurance Contracts. Such Insurance Contracts are expressly inc orporated into <br />and made part of this Plan. <br />12.5 Payments. The Plan Administrator shall make Insurance Premium payments for the Group <br />Dental Coverage on behalf of the Participant in an amount necessary to provide the benefit <br />applicable to the Participant under this portion of the Plan for the applicable Plan Year. Such <br />payments shall be made from Employer Contributions, if any, provided by the Employer under <br />the Plan and, if necessary, contributions made in accordance with the salary reduction <br />arrangement and other arrangements applicable to the Participant under the terms of the Plan. <br />The appropriate portions shall depend on the coverage elected by the Participan t. The Plan <br />Administrator shall also make such payments on behalf of the Participant’s Dependents who are <br />enrolled in the Group Dental Coverage. To the extent a Dependent is provided coverage under <br />the Group Dental Coverage and that Dependent is not the Participant’s Spouse or Tax <br />Dependent, the tax consequence of such coverage shall be addressed as described in Section <br />4.2. <br />12.6 Nondiscrimination. To the extent the Group Dental Coverage is subject to Section 105(h) of <br />the Code, it shall not discriminate in favor of Highly Compensated Individuals as to eligibility to