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Spouse or Dependent is not a Designated Beneficiary even if the Participant has attempted <br /> to designate his/her Spouse or Dependent as a beneficiary. <br /> 4.8 Nondiscrimination. This Plan is intended to be nondiscriminatory and to meet the <br /> nondiscrimination requirements under applicable sections of the Code. If the Plan Administrator <br /> or an Employer determines before or during any Plan Year, that the Plan may fail to satisfy any <br /> nondiscrimination requirement imposed by the Code or any limitation on benefits provided to Highly <br /> Compensated Individuals, the Plan Administrator or Employer shall take such action as the Plan <br /> Administrator or Employer deems appropriate, under rules uniformly applicable to similarly situated <br /> Participants,to assure compliance with such requirements or limitation. <br /> 4.9 HC Account Forfeitures. Unless provided otherwise in the Adoption Agreement, any amount <br /> remaining in a Participant's HC Account shall be forfeited following the later to occur of: (1) the <br /> termination of Participant's participation in the Plan, (2) the termination of any continuation <br /> coverage provided by the Plan under applicable law, or (3) the termination of any other coverage <br /> provided by the Plan in accordance with Section 4.7; provided that where participation or coverage <br /> is terminated because of the death of the Participant, forfeiture shall not occur until the expiration <br /> of the time period contained in Section 4.3 for the submission of claims. Notwithstanding the <br /> forgoing, a Participant's HC Account shall also be forfeited if: (i) the balance of the HC account is <br /> less than $25, (ii) no further contributions shall be made to the HC Account, and (iii) no claim has <br /> been submitted by the Participant for a period of six (6) months. In addition, the portion of the <br /> Participant's HC Account that is not vested shall be forfeited upon the Participant's termination of <br /> employment. A Participant's interest in his/her HC Account shall vest as provided in the Adoption <br /> Agreement. Forfeited amounts shall be used for the purposes described in the Adoption <br /> Agreement. However, except as allowed under the Trust, no amounts will revert to the Adopting <br /> Employer. To the extent the full balance of the forfeiture subaccount cannot be allocated as <br /> provided in the Adoption Agreement(e.g., because the balance does not divide evenly among the <br /> number of Participants), any balance remaining shall be held in the forfeiture subaccount until the <br /> end of the subsequent Plan Year and allocated at that time. <br /> 4.10 Medical Support Orders. Notwithstanding any provision of this Plan to the contrary this Plan <br /> shall recognize medical child support orders as required under applicable state law or under the <br /> Child Support Performance and Incentive Act of 1998. Participants involved in a divorce or child <br /> custody matter should be directed to have their legal counsel contact the Plan Administrator. <br /> 4.11 Coordination with Cafeteria Plan. To the extent the Adopting Employer also sponsors a <br /> medical reimbursement program as part of its cafeteria plan within the meaning of Section 125 of <br /> the Code, a Participant participates in the medical reimbursement program, and the Participant or <br /> a Covered Individual covered through such a Participant incurs an Eligible Expense that is also <br /> eligible for reimbursement under the medical reimbursement program,the medical reimbursement <br /> program shall pay first. <br /> 4.12 Further Limitations on Benefits. <br /> (a) This Plan does not cover expenses incurred for any loss caused by or resulting from injury <br /> or disease for which benefits are payable under any worker's compensation law or other <br /> employer, union, association or governmental sponsored group insurance plan. <br /> (b) This Plan does not cover expenses incurred for any loss caused by or resulting from injury <br /> or disease for which benefits are received by the Participant, the Participant's Spouse or <br /> the Participant's Dependent under any health and accident insurance policy or program, <br /> whether or not premiums are paid by the Adopting Employer or by the Participant, the <br /> Participant's Spouse or the Participant's Dependent child. <br /> ©2017 Hitesman&Wold,P.A. 13 <br /> Funded Post-Employment HRA Basic Plan Document(Single Employer Non-ERSA) <br />