Laserfiche WebLink
(c) Only available for use with certain service providers. The cards shall only be accepted by such <br />service providers as have been approved by the Administrator. The cards shall only be used for Employment -Related <br />Dependent Care Expenses from these providers. <br />(d) Substantiation. Such purchases by the cards shall be subject to substantiation by the Administrator, <br />usually by submission of a receipt from a service provider describing the service, the date and the amount. The <br />Administrator shall also follow the requirements set forth in Revenue Ruling 2003-43 and Notice 2006-69. All charges shall <br />be conditional pending confirmation and substantiation. <br />(e) Correction methods. If such purchase is later determined by the Administrator to not qualify as an <br />Employment -Related Dependent Care Expense, the Administrator, in its discretion, shall use one of the following correction <br />methods to make the Plan whole. Until the amount is repaid, the Administrator shall take further action to ensure that further <br />violations of the terms of the card do not occur, up to and including denial of access to the card. <br />(1) Repayment of the improper amount by the Participant; <br />(2) Withholding the improper payment from the Participant's wages or other compensation to the extent <br />consistent with applicable federal or state law; <br />(3) Claims substitution or offset of future claims until the amount is repaid; and <br />(4) if subsections (1) through (3) fail to recover the amount, consistent with the Employer's business <br />practices, the Employer may treat the amount as any other business indebtedness. <br />ARTICLE VIII <br />BENEFITS AND RIGHTS <br />8.1 CLAIM FOR BENEFITS <br />(a) Insurance claims. Any claim for Benefits underwritten by Insurance Contract(s) shall be made to the <br />Insurer. If the Insurer denies any claim, the Participant or beneficiary shall follow the Insurer's claims review procedure. <br />(b) Dependent Care Flexible Spending Account or Health Flexible Spending Account claims. Any <br />claim for Dependent Care Flexible Spending Account or Health Flexible Spending Account Benefits shall be made to the <br />Administrator. For the Health Flexible Spending Account, if a Participant fails to submit a claim within 15 days after the end <br />of the Grace Period, those claims shall not be considered for reimbursement by the Administrator. For the Dependent Care <br />Flexible Spending Account, if a Participant fails to submit a claim within 15 days after the end of the Grace Period, those <br />claims shall not be considered for reimbursement by the Administrator. If the Administrator denies a claim, the Administrator <br />may provide notice to the Participant or beneficiary, in writing, within 90 days after the claim is filed unless special <br />circumstances require an extension of time for processing the claim. The notice of a denial of a claim shall be written in a <br />manner calculated to be understood by the claimant and shall set forth: <br />(1) specific references to the pertinent Plan provisions on which the denial is based; <br />(2) a description of any additional material or information necessary for the claimant to perfect the claim and <br />an explanation as to why such information is necessary; and <br />(3) an explanation of the Plan's claim procedure. <br />(c) Appeal. Within 60 days after receipt of the above material, the claimant shall have a reasonable <br />opportunity to appeal the claim denial to the Administrator for a full and fair review. The claimant or his duly authorized <br />representative may: <br />(1) request a review upon written notice to the Administrator; <br />(2) review pertinent documents; and <br />(3) submit issues and comments in writing. <br />(d) Review of appeal. A decision on the review by the Administrator will be made not later than 60 days <br />after receipt of a request for review, unless special circumstances require an extension of time for processing (such as the <br />need to hold a hearing), in which event a decision should be rendered as soon as possible, but in no event later than 120 <br />days after such receipt. The decision of the Administrator shall be written and shall include specific reasons for the decision, <br />written in a manner calculated to be understood by the claimant, with specific references to the pertinent Plan provisions on <br />which the decision is based. <br />(e) Forfeitures. Any balance remaining in the Participant's Health Flexible Spending Account or Dependent <br />Care Flexible Spending Account as of the end of the time for claims reimbursement for each Plan Year and Grace Period (if <br />applicable) shall be forfeited and deposited in the benefit plan surplus of the Employer pursuant to Section 6.3 or Section <br />7.8, whichever is applicable, unless the Participant had made a claim for such Plan Year, in writing, which has been denied <br />or is pending; in which event the amount of the claim shall be held in his account until the claim appeal procedures set forth <br />15 <br />