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• <br />• <br />(i) In the event and to the extent that, the <br />reimbursement or payment is covered under any <br />insurance policy or policies, whether paid for by <br />the Employer or the Participant, or under any <br />other health and accident plan by whomever <br />maintained. If there is such a policy or plan in <br />effect providing for reimbursement or payment, <br />in whole or in part, then to the extent of the <br />coverage under that policy or plan, the Plan <br />shall be relieved of any liability; or <br />(ii) To the extent that the expense has been <br />submitted for reimbursement from the <br />Participant's Dependent Care Reimbursement <br />Account or under any similar program or plan <br />maintained by some other person or entity. <br />Notwithstanding the foregoing, however, in the <br />event that an expense for Medical Care could be <br />reimbursed from either a Participant's Health <br />Care Reimbursement Coverage or a <br />Participant's HSA, the Participant's Health Care <br />Reimbursement Coverage shall pay first, until <br />such coverage is exhausted, unless the <br />Participant directs that the HSA pay first. In no <br />event may the same expense be reimbursed <br />under both Health Care Reimbursement <br />Coverage and an HSA. <br />(e) Unused Benefits. If following the final payment <br />of reimbursement benefits for eligible expenses incurred during <br />the Period of Coverage for any Plan Year, any amount remains <br />in a Participant's Health Care Reimbursement Account for that <br />Plan Year, such amount shall be returned to the Plan, and <br />Participant shall have no further claim to that amount. <br />(f) Separate Written Plan. For purposes of the <br />Code, paragraph 52.2 shall constitute a separate written plans <br />providing for the reimbursement of Medical Care expenses. To <br />the extent necessary, other provisions of the Plan are <br />incorporated by reference in paragraph 5.2.2. <br />5.2.8. HSA Benefits. <br />(a) Employee Pretax Contributions. A Participant who has enrolled <br />in the HDHP and is an eligible individual under Section 223(c)(1) of the Code <br />may elect to have a portion of his or her compensation forwarded by the <br />Employer to an HSA established with one or more designated trustees or <br />custodians (an "eligible HSA "). If a Participant elects to contribute to an eligible <br />HSA, the employee's cash compensation will be reduced, and an amount equal <br />to the reduction will be forwarded to the employee's HSA. <br />(b) Employer contributions. The Employer may contribute directly <br />to the HSA of a Participant, outside of the Plan; subject to the comparability <br />rules under Code section 4980G. In the alternative, the Employer may <br />