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RES 25-016 ADOPTING A RESTATEMENT OF THE CITY OF SAV FLEXIBLE BENEFIT PLAN
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RES 25-016 ADOPTING A RESTATEMENT OF THE CITY OF SAV FLEXIBLE BENEFIT PLAN
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(b) Employer selects contracts. The Employer may select suitable dental Insurance Contracts for use in <br />providing this dental insurance benefit, which policies will provide uniform benefits for all Participants electing this Benefit. <br />(c) Contract incorporated by reference. The rights and conditions with respect to the benefits payable <br />from such dental Insurance Contract shall be determined therefrom, and such dental Insurance Contract shall be <br />incorporated herein by reference. <br />4.6 VISION INSURANCE BENEFIT <br />(a) Coverage for Participant and/or Dependents. Each Participant may elect to be covered under the <br />Employer's vision Insurance Contract. In addition, the Participant may elect either individual or family coverage. <br />(b) Employer selects contracts. The Employer may select suitable vision Insurance Contracts for use in <br />providing this vision insurance benefit, which policies will provide uniform benefits for all Participants electing this Benefit. <br />(c) Contract incorporated by reference. The rights and conditions with respect to the benefits payable <br />from such vision Insurance Contract shall be determined therefrom, and such vision Insurance Contract shall be <br />incorporated herein by reference. <br />4.7 HEALTH SAVINGS ACCOUNT BENEFIT <br />Each Participant may elect to have a portion of his Employer Contributions and Salary Redirections contributed to a Health <br />Savings Account, as defined in Code Section 223. The amounts contributed shall be subject to the terms of the Health Savings <br />Account as established. <br />4.8 NONDISCRIMINATION REQUIREMENTS <br />(a) Intent to be nondiscriminatory. It is the intent of this Plan to provide benefits to a classification of <br />employees which the Secretary of the Treasury finds not to be discriminatory in favor of the group in whose favor <br />discrimination may not occur under Code Section 125. <br />(b) 25% concentration test. It is the intent of this Plan not to provide qualified benefits as defined under <br />Code Section 125 to Key Employees in amounts that exceed 25% of the aggregate of such Benefits provided for all Eligible <br />Employees under the Plan. For purposes of the preceding sentence, qualified benefits shall not include benefits which <br />(without regard to this paragraph) are includible in gross income. <br />(c) Adjustment to avoid test failure. If the Administrator deems it necessary to avoid discrimination or <br />possible taxation to Key Employees or a group of employees in whose favor discrimination may not occur in violation of <br />Code Section 125, it may, but shall not be required to, reject any election or reduce contributions or non-taxable Benefits in <br />order to assure compliance with the Code and regulations. Any act taken by the Administrator shall be carried out in a <br />uniform and nondiscriminatory manner. With respect to any affected Participant who has had Benefits reduced pursuant to <br />this Section, the reduction shall be made proportionately among Health Flexible Spending Account Benefits and Dependent <br />Care Flexible Spending Account Benefits, and once all these Benefits are expended, proportionately among insured <br />Benefits. Contributions which are not utilized to provide Benefits to any Participant by virtue of any administrative act under <br />this paragraph shall be forfeited and deposited into the benefit plan surplus. <br />ARTICLE V <br />PARTICIPANT ELECTIONS <br />5.1 INITIAL ELECTIONS <br />An Employee who meets the eligibility requirements of Section 2.1 on the first day of, or during, a Plan Year may elect to <br />participate in this Plan for all or the remainder of such Plan Year, provided he elects to do so on or before his effective date of <br />participation pursuant to Section 2.2. <br />5.2 SUBSEQUENT ANNUAL ELECTIONS <br />During the Election Period prior to each subsequent Plan Year, each Participant shall be given the opportunity to elect, on <br />an election of benefits form to be provided by the Administrator, which Benefit options he wishes to select. Any such election shall be <br />effective for any Benefit expenses incurred during the Plan Year which follows the end of the Election Period. With regard to <br />subsequent annual elections, the following options shall apply: <br />(a) A Participant or Employee who failed to initially elect to participate may elect different or new Benefits <br />under the Plan during the Election Period; <br />(b) A Participant may terminate his participation in the Plan by notifying the Administrator in writing during <br />the Election Period that he does not want to participate in the Plan for the next Plan Year; <br />(c) An Employee who elects not to participate for the Plan Year following the Election Period will have to wait <br />until the next Election Period before again electing to participate in the Plan, except as provided for in Section 5.4. <br />
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