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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 />50 <br />coverage ceases, reimbursements for eligible Limited Scope Medical Expenses incurred before <br />participation stopped will continue as provided in the Adoption Agreement. <br />14.10 Participant’s Death. In the event a Participant dies having incurred an eligible Limited Scope <br />Medical Expense (a) which would have been reimbursable out of the Participant’s Account had <br />the Participant not died, and (b) for which a person or the Participant’s estate has paid for or <br />assumed liability for the expense, reimbursement may be made to that person or the estate for <br />that payment or assumption. The remainder of the Participant’s Account shall be forfeited in <br />accordance with Section 5.7. <br />14.11 Nondiscrimination. The Limited Scope Health Flexible Spending Account shall not discriminate <br />in favor of Highly Compensated Individuals as to eligibility to participate or benefits. If the Plan <br />Administrator determines that the Limited Scope Health Flexible Spending Account is or may be <br />discriminatory, the Plan Administrator may take action permitted by law to avoid such result as <br />provided in Section 6.16. <br />14.12 Account Forfeitures. <br />(a) Grace Period. If selected in the Adoption Agreement, the Grace Period shall apply to <br />this Optional Benefit as described herein. <br />(1) Length. For purposes of determining whether an expense may be reimbursed <br />from a Participant’s Account, an expense incurred prior to the fifteenth day of the <br />third calendar month following the close of the Plan Year (unless a different date <br />is provided in the Adoption Agreement) shall be deemed to have been incurred <br />for purposes of both the preceding Plan Year and the current Plan Year. Such <br />period of time shall be referred to as the “Grace Period.” <br />(2) Processing of Claims. Claims incurred during the Grace Period, and submitted <br />prior to the close of the Claims Run-out Period, shall be first allocated to and <br />reimbursed from the Participant's Account for the preceding Plan Year until such <br />Account is exhausted. Thereafter, any such claims shall be allocated to and <br />reimbursed from the Participant’s Account for the current Plan Year. Claims <br />incurred during the Grace Period will be allocated based upon the date the claim <br />is received. Once a claim is allocated, there shall be no changes, modifi cations, <br />or adjustments to the allocation of the account. In accordance with this part (1), <br />a claim incurred during the preceding Plan Year and submitted during the Claims <br />Run-Out Period will be processed subsequent to a previously submitted claim <br />incurred during the Grace Period, even if the account from the preceding Plan <br />Year is exhausted by reimbursement of the claim incurred during the Grace <br />Period. <br />(3) Elections. No adjustment to a Participant’s election for the current Plan Year <br />shall be made or allowed based upon the amount of claims reimbursed from the <br />prior Plan Year’s account in accordance with part (1) hereof. <br />(b) Carryover. If selected in the Adoption Agreement, a limited carryover of Account <br />balances from Plan Year to Plan Year will be provided in accordance with the following <br />conditions and restrictions: <br />(1) The amount that may be carried over is limited to the lesser of (i) the amount <br />specified in the Adoption Agreement, or (ii) the balance of the Participant’s <br />Account. The balance of a Participant’s Account shall be determined upon <br />expiration of the Claims Run-out Period.