12-8-1998 Minutes - Laserfiche WebLink

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q<6~~3 (2) Accident and health benefits as defined in Code Section 106 (including Medical Care Expense Reimbursement benefits). With respect to any accident and health benefits (including Medical Care Expense Reimbursement benefits), a Participant may change his or her Salary Redirection Agreement election only if i) the Change in Status results in the Participant, the Participant's Spouse, or the Participant's Dependent gaining or losing eligibility for the benefit (or a particular benefit option) under the Plan or the Participant's Spouse's or Dependent's employer's plan and ii) the election change corresponds with such gain or loss of coverage. Notwithstanding the foregoing, if the Participant, the Participant's Spouse or the Participant's Dependent becomes eligible for COBRA (or similar health plan continuation coverage under state law) under the Employer's Plan, the Participant may increase his election to pay for such coverage. (3) Dependent Care Expense Reimbursement benefit. With respect to the Dependent Care Expense Reimbursement benefit, a Participant may change or terminate his or her election only if such change or termination is made on account of. and is consistent with, the Change in Status. The Plan Administrator (in its sole discretion) shall determine whether a requested change is consistent with and attributable to a Change in Status. No Participant shall be allowed to reduce his election for Medical or Dependent Care Reimbursement benefits to a point where the annualized contribution for such benefit is less than the amount already reimbursed. In addition, any change in an election affecting annual Plan Contributions to the Medical or Dependent Care Expense Reimbursement Plans pursuant to this Section also will change the Maximum Reimbursement Benefits for the period of coverage remaining in the Plan Year. Such Maximum Reimbursement Benefits for the period of coverage following an election change shall be calculated by adding the balance (if any) remaining in each of the Participant's Reimbursement Accounts as of the end of the portion of the Plan Year immediately preceding the change in election, to the total Plan Contributions scheduled to be made by the Participant during the remainder of such Plan Year to such Account(s). (b) Special Enrol/ment Rights. If a Participant, a Participant's Spouse or a Participant's Dependent is entitled to special enrollment rights under a group health plan, as required by Section 980 I(t) of the Code (Le.,) i) medical coverage was declined under the Plan because of outside medical coverage and eligibility for such coverage is subsequently lost due to legal separation, divorce, death, termination of employment, reduction in hours, or exhaustion of COBRA period; or ii) a new Dependent is acquired as a result of marriage, birth, adoption, or placement for adoption), a Participant may revoke a prior election for health or accident coverage and make a new election, provided that the election corresponds with such special enrollment right and only to the extent required by Section 9801 of the Code. (c) Certain judgments. decrees and orders. If a judgment, decree, or order (an "Order") resulting from a divorce, legal separation, annulment or change in legal custody (including a qualified medical child support order) requires accident or health coverage for a Participant's child, a Participant may i) change his or her election to provide coverage for the child (provided that the Order requires the Participant to provide coverage) or ii) change his or her election to revoke coverage for the child if the Order requires that the former spouse provide coverage under the former spouse's plan. (d) Medicare and Medicaid. If the Participant, the Participant's Spouse, or the Participant's Dependent who is enrolled in a health or accident benefit under this Plan becomes entitled to Medicare or Medicaid (other than coverage consisting solely of benefits under Section 1928 of the Social Security Act providing for pediatric vaccines), the Participant may cancel the health or accident coverage of the person becoming entitled to Medicare or Medicaid. (e) Significant Change in Cost or Coverage. A Participant may revoke a prior election with respect to Pre-tax contributions and in lieu thereof, receive on a prospective basis, coverage under another health plan with similar coverage if any independent third-party provider of medical benefits previously elected by the Participant either significantly increases the premiums for such coverage, or significantly curtails the coverages available under such plans during the Plan Year coverage period.