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HomeMy WebLinkAboutR-2004-143 American Family Life Assurance Company (AFLAC) AgreementRESOLUTION NO. R-2004-143 A RESOLUTION authorizing and directing the City Manager to execute an agreement and all other necessary and appropriate documents with American Family Life Assurance Company (AFLAC) for assistance with the establishment and maintenance of a flexible spending account program for eligible city employees; and authorizing the City Manager to take all necessary and appropriate actions to establish and maintain a Flexible Benefits Plan. WHEREAS, Section 125 and other provisions of the Internal Revenue Code allows for the creation of a spending plan or "Flexible Benefits Plan" whereby an employee is able to set aside a portion of his or her salary on a pre-tax basis to be placed in an account to be used to pay for eligible expenses (i.e., certain health-related and dependent care expenses); and WHEREAS, a Section 125 plan for the City of Yakima as contemplated by Section 125 of the Internal Revenue Code has previously been authorized and adopted by the City Council pursuant to Yakima Municipal Code 2.20.150; and WHEREAS, the City of Yakima ("City") wishes to adopt a cafeteria plan within the context of Section 125 of the Internal Revenue Code for the benefit of the employer's eligible employees; and WHEREAS, AFLAC is willing to assist the City of Yakima with the establishment and administration of a Flexible Benefits Plan for the City's eligible employees in accordance with terms and conditions similar to the attached reimbursement services agreement; and WHEREAS, it is desirable to authorize creation of a Flexible Benefits Plan and to enter into an agreement with AFLAC for assistance with the establishment and administration of the Flexible Benefits Plan; and WHEREAS, YMC 2.20.150B provides that the Section 125 spending plan shall be on file in the office of human resources and may be further amended by the City Manager with respect to its amounts of contribution and services; provided, that such amendments are made in written form and filed with the original plan; and WHEREAS, it is the intent of the City's plan that eligible employees may participate, which does not include temporary employees and anyone not eligible under the City's health care plan, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. The City Manager of the City of Yakima is hereby authorized to take all necessary and appropriate actions to establish a Flexible Benefits Plan for eligible (1k)res/flexible benefits plan.hh employees as defined by YMC 2.20.150 that shall be the same as or similar to the attached "Flexible Benefits Plan" and "Flexible Benefits Plan Summary Plan Description", to be effective January 1, 2005. 2. The City Manager of the City of Yakima is hereby authorized and directed to execute all necessary and appropriate documents, including a reimbursement services agreement the same as or similar to the attached "Reimbursement Services Agreement", between the City and AFLAC for assistance with the establishment and administration of a Flexible Benefits Plan. 3. The City Manager of the City of Yakima is hereby authorized to and, without a further resolution, may execute any documents or amendments which may be necessary or appropriate to adopt, amend, or maintain the plan, or to maintain its compliance with applicable federal, state and local law. ATTEST: ADOPTED BY THE CITY COUNCIL this day of September 2004. ,23 City Clerk (Ik)res/flexible benefits plan hh Paul P. George, Mayor REIMBURSEMENT SERVICES AGREEMENT This Agreement, effective upon execution for the Plan Year, by and between City of Yakima and American Family Life Assurance Company ("AFLAC®") WITNESSETH: WHEREAS, the Employer has adopted a Medical Care Expense Reimbursement ("URM") Plan and/or a Dependent Care Expense Reimbursement ("DDC") Plan for its Employees in conjunction with its Flexible Benefits Plan (collectively referred to as the "Plan" and attached hereto) to be adopted and administered in accordance with Sections 105, 125, and 129 of the Internal Revenue Code of 1986, as amended (the "Code"), and WHEREAS, the Employer will serve as the Pian Administrator; and WHEREAS, the Employer desires that AFLAC, as its agent, furnish reimbursement services within a framework of policies, interpretations, rules, practices and procedures (the "reimbursement practices and procedures") made and established by the Employer in. (i) receiving and processing requests for benefits under the Plan ("Requests") and (ii) disbursing benefit payments from Employer funds (as provided for in Section II.A.) for eligible expenses under the flexible spending account provisions of the Plan, (if Self -Pay Option is selected in Section II.A. below, AFLAC shall convey its initial benefit determinations to Employer so the Employer can disburse reimbursement payments for eligible expenses under the Flexible Spending Agreement provisions of the Plan); and WHEREAS, the Employer is to pay all plan benefits owed or established under the Plan to its Participants, and AFLAC is to provide the agreed upon services to the Plan without assuming any such liability; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, it is hereby agreed as follows. Section 1. Enrollment and Determination of Eligibility A. The Employer shall: (1) be responsible for interpreting the Plan and its provisions, its terms, conditions and operation, and (2) notify Plan Participants of their ability to apply for reimbursement benefits and supply them with Request forms (to be provided by AFLAC) and Request filing instructions, and (3) provide AFLAC with the names, addresses, Social Security Numbers, and elected amounts of all participants in the Plan, and (4) upon the occurrence of events that would change a Participant's status under the Plan (e.g. termination, Change in Status, Change in Cost or Coverage for DDC, etc.) immediately provide AFLAC with updates (via Telefax) which identify eligible Participants in each of the respective reimbursement Plans and/or the amount of reimbursement benefits for which they are eligible, and (5) immediately inform AFLAC (via Telefax) as to any new Participants in either of the reimbursement Plans, any Change in Status affecting a Participant's election, or any Qualified Beneficiary electing coverage under COBRA and the amount of such election (if COBRA applies to the Employer), or of any other change which will affect AFLAC's responsibilities hereunder B In determining any person's right to benefits under the Plan, AFLAC shall rely on the eligibility information furnished by the Employer, and any signed statements by Participants regarding the eligibility of their Requests under the respective Plan. It is mutually understood that the effective performance of this Agreement by AFLAC will require that it be advised on a timely basis by the Employer during the continuance of this Agreement of the identity of individuals eligible for benefits under each of the respective reimbursement Plans. Information modifying a Participant's eligibility or status/election under either reimbursement Plan shall identify the effective date of eligibility and the termination date of eligibility and shall be provided to AFLAC (via Telefax) prior to the effective date of such modification in order to be considered by AFLAC in making benefit determinations hereunder AFLAC shall not be responsible for Requests paid in error where the Employer has failed to inform AFLAC (in a form and with such information as may reasonably be required by AFLAC) of a Participant's eligibility or status change prior to the release of the benefit payment. Section II. Funding and Payment of Requests for the Plan Benefits A. Select one below. j$ Daily Processing Option. The Employer shall. (i) make sufficient funds available from its general assets for amounts allocable to eligible reimbursement benefits under its plan by depositing a "Maintenance Deposit" (in amounts specified by AFLAC from time to time) in an Employer -owned and named account (the "Account") in a financial institution selected by the Employer and 1 RSA(v111403) - CUSTOM AFLAC to facilitate the timely processing of Requests under the Plan. [Note the Account should not be opened in the Plan's name], and (ii) grant AFLAC withdrawal authority over the Account sufficient to enable it to pay benefits under the Employer's FSA Plans, and (iii) deposit additional funds (at the request of AFLAC) in order to reestablish the Maintenance Deposit at the end of each Request processing cycle (or such earlier time specified by AFLAC), and (iv) telefax copies of all deposit verification receipts, Account Statements, and other correspondence relating to the Account to AFLAC upon receipt of such correspondence from the financial institution; and (v) during the term of this Agreement, the Employer shall not withdraw funds from the Account; except at the request of, or to the extent approved by AFLAC The Employer bears sole responsibility for any fees imposed with respect to the Account by the financial institution, including but not limited to Account maintenance fees, insufficient funds fees, fees with respect to voided checks, etc.; and (vi) authorize AFLAC to access the Account by- ❑ entering into a Withdrawal Agreement with CB&T, or ❑ if a Financial Institution other than CB&T is designated below, the Employer hereby authorizes AFLAC to. a) draw benefit checks directly on the Account; b) electronically transfer benefit payments from the Account; c) electronically access Account information, and d) execute the financial institution's standard Deposit/Account Agreement on the Employer's behalf (subject to the terms and conditions set forth herein and as AFLAC may otherwise establish) Name, address and contact person at other financial institution. ❑ Standard Option The Employer shall (i) make sufficient funds available from its general assets to reimburse AFLAC for amounts allocable to eligible reimbursement benefits under its Plan; and (ii) provide an amount equal to the aggregate amount of all Requests payable under the Employer's Plan and facilitate an electronic transfer of the amount to AFLAC or submit, by first class mail, a check drawn on Employer's account and payable to AFLAC/FLEX ONE® within three (3) business days of receipt of a request for such funds from AFLAC for which there are eligible outstanding Requests (pursuant to the terms of the Plan) AFLAC will not be responsible for paying claims to the extent sufficient funds are not provided to AFLAC within 30 days of the receipt of the request for such funds from AFLAC, and Employer must utilize the Self -Pay Option described below with respect to such unfunded claims. The Employer agrees to indemnify AFLAC for all amounts and expenses resulting from the Employer's failure to provide sufficient funds and shall hold AFLAC, its officers and directors, harmless for any liability for which Employer may become liable ❑ Self -Pay Option. The Employer shall. (1) make sufficient funds available from its general assets for amounts allocable to eligible reimbursement benefits under its Plan, and (ii) review AFLAC's initial reimbursement determinations and issue reimbursement checks from its general assets within seven days of the receipt thereof for those Requests which are reimbursable pursuant to the terms of its Plan; and (iii) upon request, provide AFLAC with proof of timely benefit check disbursements in a form and manner deemed acceptable by AFLAC (e.g., bank issued account statements or check register). If, at any time, the amount of reimbursement benefits payable under the applicable Plan provisions exceeds the amount deposited by the Employer in the Account, the Employer shall transfer an amount necessary to the Account to fulfill its reimbursement obligations under the applicable Plan before any further reimbursement benefit payment is made. AFLAC is under no obligation to advance funds on behalf of the Employer. B AFLAC, as agent for the Employer, shall provide those services described in Appendix A (attached hereto). Upon written request submitted to AFLAC's FLEX ONE® Department, AFLAC may provide limited assistance with certain of the nondiscrimination tests The terms and conditions (including applicable fees) under which such services are provided are set forth in Appendix B "Nondiscrimination Testing Services" 2 RSA(v111403) - CUSTOM In providing services, AFLAC shall assume that ERISA and COBRA apply to the Employer's Plan unless the Employer gives AFLAC written direction otherwise. C AFLAC shall not be obligated or responsible for any duty with regard to the administration of the Plan (imposed by the Plan or otherwise) except as specifically provided above or in the attached appendices Without limiting Employer's responsibilities described therein, it shall be the Employer's sole responsibility (as Plan Administrator) and duty to ensure compliance with COBRA; perform required nondiscrimination testing, amend the Plan as necessary to ensure ongoing compliance with applicable law; file any required tax or governmental returns (including Form 5500 returns to meet ERISA requirements) relating to the Plan, determine if and when a valid election change has occurred, handle Participant claim appeals, allow AFLAC, by and through independent associates, a reasonable opportunity to discuss AFLAC, URM, and DDC benefits, execute and retain required Plan and claims documentation, and take all other steps necessary to maintain and operate the Plan in compliance with applicable provisions of the Plan, ERISA, the Code and other applicable federal and state laws. D In the event that AFLAC overpays any person entitled to benefits under the Plan or pays benefits to any person who is not entitled to them, AFLAC shall take all reasonable steps to recover the overpayment, except that AFLAC shall not be required to initiate court proceedings to recover an overpayment. AFLAC shall promptly notify the Employer if it is unsuccessful in recovering any overpayment. E. AFLAC will optically scan and maintain electronic copies of all FSA Reimbursement Requests and supporting documentation for a period of seven (7) years after the claim is processed Copies of FSA claim documents can be reproduced upon written request at AFLAC's currently prevailing rate Section 1I1. Liability and Indemnity A. In performing its obligations under this Agreement, AFLAC neither assumes nor underwrites any liability of the Employer under the Plan, but with respect to the Employer, acts only as provider of those services specifically described in Section 11.6 of this Agreement and with respect to Plan Participants, acts only as the agent of the Employer The services to be performed by AFLAC shall be ministerial in nature and shall be performed within the framework of policies, interpretations, rules, practices, and procedures made or established by the Employer AFLAC shall have no discretionary authority or discretionary control over any assets of the Employer, the Plan, or Plan Participants B AFLAC shall have no duty or obligation to defend any legal action or proceeding brought to recover a Request for Plan Benefits AFLAC shall, however, make available to the Employer and its counsel, such evidence relevant to such action or proceeding as AFLAC may have as a result of its processing of the contested benefit determination. C Except as otherwise explicitly provided in this Agreement, the Employer shall retain the liability for all Plan Benefit Requests and all expenses incident to the Plan and for any and all violations of the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA"), if applicable, and agrees to indemnify and hold AFLAC, its officers, agents, or employees, harmless against any and all loss, damage, interest, costs and expense, including attorney's fees, occasioned by claims, demands, or lawsuits brought against AFLAC for its performance of its duties hereunder, excepts those actions resulting from the negligent, grossly negligent, or intentionally wrongful acts or omissions by AFLAC, its agents, officers, or employees. AFLAC shall indemnify and hold the Employer, its officers, agents, or employees, harmless against any and all loss, damage, interest, costs and expense, including attorney's fees, occasioned by claims, demands or lawsuits brought against the Employer resulting from the breach by AFLAC of this agreement. D. AFLAC shall use ordinary and reasonable care in the performance of its duties, but shall not be liable to the Employer for mistakes of judgment or other actions taken in good faith unless such error results directly from an intentionally wrongful, grossly negligent, or negligent act of AFLAC, its agents, officers or employees. E. AFLAC shall have no duty or obligation with respect to Requests incurred prior to the effective date of this Agreement (hereafter "Prior Reimbursement Requests") and/or Plan Administrator (or other) services arising prior to the effective date of this Agreement regardless of whether such services were/are to be performed prior to or after the effective date of this Agreement (hereafter "Prior Administration"). The Employer specifically acknowledge(s) and agree(s) that: (i) AFLAC has no responsibility or obligation with respect to Prior Reimbursement Requests and/or Prior Administration, (ii) the Employer will be responsible for processing Prior Reimbursement Requests (including any Run -Off Requests submitted after the effective date of this Agreement) and maintaining legally required records of all Prior Reimbursement Requests and Prior Administration sufficient to comply with applicable legal (e.g., IRS substantiation) requirements and (iii) the Employer agrees to indemnify and hold AFLAC harmless for any liability relating to Prior Reimbursement Requests and/or Prior Administration. F The Employer agrees that AFLAC may communicate confidential, protected, privileged or otherwise sensitive information to Employer through the Named Contact (as designated on the applicable plan document request form) and specifically agrees to indemnify AFLAC and hold it harmless: i) for any such communications directed to the Employer through the Named Contact attempted via telefax, mail, telephone, e-mail or any other media, acknowledging the possibility that such communications may be inadvertently misrouted or intercepted; and ii) from any claim for the improper use or disclosure of any health information by AFLAC where such information is used or disclosed in a manner consistent with its duties and responsibilities under this Agreement. 3 RSA(v111403) - CUSTOM Section IV. Reimbursement Request Processing Service Fee A. The Employer shall pay AFLAC a fee for services performed under this Agreement in the amount of $0.00 per Participant per FSA benefit (DDC or URM) per month (max per Participant of $0.00) with a minimum monthly fee of $0.00 for the reimbursement Plans (URM and/or DDC) for which services are rendered This amount shall be due by the tenth (10th) of each month (or portion thereof) for which this Agreement is in effect and is in addition to and separate from (i) any Account Establishment (or "Set -Up") fee assessed by AFLAC of $450.00 (if all documentation is received prior to the effective date of 1/1/05, the set-up fee will be waived) to initiate the reimbursement arrangement; and (ii) the Employer's obligation to make available sufficient funds to satisfy its obligations under the Plan and to make benefit disbursement in accordance with section II.A. above The Employer is responsible for paying the Service Fee to AFLAC AFLAC is not authorized to withdraw the Service Fee from the Account. Failure to pay any applicable monthly Service Fee by the next monthly Request processing cycle shall result in a cessation of Request processing services until such fees are received by AFLAC If Request processing services are pended for an entire monthly processing cycle, AFLAC may terminate this Agreement in accordance with Section VI B AFLAC may revise the Service Fee for services performed under this Agreement effective on each Anniversary Date of this Agreement by giving the Employer written notice of the revised rate at least thirty (30) days prior to the applicable Anniversary Date C Notwithstanding any other agreement between the parties (and/or their agents), AFLAC may revise the Service Fee set forth above at any time if revision is deemed necessary by AFLAC by reason of (i) modification or amendment of the Plan by the Employer; (ii) a significant decrease in the number of AFLAC policies purchased by Participants under the Plan below the number initially included in the Plan after the Service Fee was established (or if later, when the Service Fee was last revised), or (iii) a suspension, limitation, or revocation of the right of Employees or Participants to purchase AFLAC policies under the Plan AFLAC shall advise the Employer of the revised Service Fee at least thirty (30) days prior to its implementation. If the Employer does not terminate this Agreement (by written notification pursuant to Section VI.A.1 ) within thirty (30) days after the receipt of a notice of such revision, the Employer shall be deemed to have agreed to such revision for the remainder of the term of the Agreement. Thereafter, the Service Fee on and after the implementation date shall be made on the basis of such revised Service Fee D AFLAC may revise the Service Fee set forth above at any time if any change in law or regulations imposes on AFLAC greater duties or obligations than contemplated by the Agreement in force at the time of such change Section V. Term of Agreement The initial term of this Agreement shall be the initial Plan Year commencing on the effective date hereof, thereafter, this Agreement will automatically renew for successive periods of twelve (12) months unless, at least thirty (30) days prior to the end of the then current term, the Employer or AFLAC gives written notice to the other of its intention not to renew the Agreement. In the event of a short Plan Year (other than the first plan year) this Agreement shall automatically renew for an additional twelve (12) months unless the Employer or AFLAC gives written notice to the other of its intention not to renew the Agreement within three (3) days after the Employer notifies AFLAC of the short Plan Year Section VI. Termination of Agreement A. This Agreement shall terminate upon the earliest of the following dates (1) The end of a term of the Agreement following the delivery of written notice of termination pursuant to Section V (2) At the option of AFLAC, the date upon which the Employer fails to transfer sufficient funds to AFLAC (upon request by AFLAC). (i) to pay all valid Requests pending under the Plan; or (ii) to pay the Service Fee (as provided in Section II.A. and IV.A., above). AFLAC shall promptly communicate its election of this option to the Employer Upon the implementation date for a proposed Service Fee increase deemed to be unacceptable by the Employer (after delivery of written notice of termination by the Employer) pursuant to Section IV.C. (4) At the option of AFLAC, if no Plan Participant is an AFLAC policyholder or if the Employer denies AFLAC a reasonable opportunity (as determined by AFLAC in its sole discretion) to meet with Employees, AFLAC shall immediately communicate its election of this option to the Employer Any other date mutually agreeable to the Employer and AFLAC. (3) (5) B. Upon termination of this Agreement, AFLAC shall cease the processing of all Requests then in its possession, return any undistributed funds to the Employer, and make all records relating to Requests in process reasonably available to the Employer If the termination occurs pursuant to VI.A.1. (above), AFLAC shall process all Run -Off claims provided any Service Fee(s) is current. Thereafter, the Employer and/or Plan Administrator shall be responsible for all aspects of Reimbursement Request processing and Plan administration 4 RSA(v111403) - CUSTOM Section VII. Miscellaneous (1) Notices Any notice required to be given hereunder to AFLAC shall be sufficient if in writing and delivered personally or by prepaid first class mail to AFLAC Administrative Services/FLEX ONE®, 1932 Wynnton Road, Columbus, GA 31999-9950, or if to the Employer, at the address of the Employer denoted on the signature page attached hereto (2) Applicable Law This Agreement shall be governed by, and shall be construed in accordance with the laws of the State of Washington, to the extent they are not preempted by ERISA, the Code, or any other federal law (3) Legal and Tax Status The Employer acknowledges that neither AFLAC nor its agents is providing legal or tax advice, and that neither AFLAC nor its agents serves as the Plan Administrator or a fiduciary under the Plan The Employer shall be the sole party responsible for determining the legal and tax status of the Plan under applicable law AFLAC shall have no power or authority to waive, alter, breach, or modify any terms or conditions of the Plan (4) Assignment. This Agreement may be assigned by AFLAC to any other party, including any successor to the business of AFLAC by merger, consolidation, purchase of assets, or otherwise, without the prior consent of the Employer. This Agreement shall be binding upon any corporation into which the Employer may be merged or with which it may be consolidated, or any corporation succeeding to all or substantially all of the business of the Employer (5) Entire Contract. This Agreement constitutes the entire contract between the parties and no modification or amendment hereto shall be valid unless in writing and signed by an officer of the Employer and an Officer or duly authorized representative of AFLAC (6) Tax Reporting and Withholdings. The Employer has ultimate control over the payment of Plan benefits and shall be the sole party responsible for income and employment tax reporting and withholding obligations imposed as a result of the includability of such payments in the gross income of recipients AFLAC is a mere agent of the Employer for the processing of benefit Requests. (7) (8) Confidential Information. The term "Confidential Information" as used in this Agreement means confidential or proprietary information of any party that is not generally known to the public, including, but not limited to compilations, lists of actual or potential customers or suppliers, hardware systems, software, or other documentation of any type, whether in printed or machine readable form, computer databases, forms and form letters, contracts, information regarding specific transactions, and marketing and business plans For the purposes of this subsection, Confidential Information shall not include the personally identifiable information relating to any of Employer's employees The term "Trade Secrets" as used in this Agreement shall mean Confidential Information that: (1) derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and (2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy The terms "Confidential Information" and "Trade Secrets" do not include information that: (a) is known to the receiving party prior to its disclosure by the disclosing party, evidenced by the receiving party's written records, (b) is developed by the receiving party independently of any of the Confidential Information or Trade Secrets received in confidence from disclosing party, evidenced by the receiving party's written records, (c) is rightfully received by the receiving party from a third party without restriction and without breach of any obligation of confidentiality running to the disclosing party Each party agrees that it shall not disclose to others or use for any purpose other than performance of the Agreement any of the other party's Confidential Information or Trade Secrets any time during or after the term of this Agreement. Each party further agrees that it will disclose Confidential Information or Trade Secrets to its employees only as necessary for the performance of the Agreement, and only to employees with a need to know Each party to this Agreement agrees that all Confidential Information and Trade Secrets are the property of the party disclosing it, and each agrees to promptly return to the disclosing party, upon demand, any Confidential Information or Trade Secrets furnished under this Agreement which is either received in or reduced to material form, and all copies thereof The Employer agrees that AFLAC may make lawful references to Employer in its marketing activities. Individual Information. Each party acknowledges that performance of the Agreement may involve the use and disclosure of personal information relating to the Employer's employees (including but not limited to names, addresses, benefit elections, claims and health information) AFLAC agrees that it will not use any such information disclosed to it by Employer except as authorized by the individual to whom the information relates or as otherwise permitted by applicable state or federal law or regulation Employer agrees that it will not use any such information disclosed to it by AFLAC except for the purpose for which it received the information and will not further disclose such information without the written authorization of the individual to whom the information relates. This provision is not intended to create any third party beneficiary rights (in favor of Employer's employees or any other party) 5 RSA(v111403) - CUSTOM (9) Capitalized Terms shall have the same meaning as in the Plan documents IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and signed by an Officer of the Employer and an Officer or duly authorized Worldwide Headquarters Employee of AFLAC to do so I5 day of 0 b -.r 200q Dated OFAC this By. Robert M. Ottman Second Vice President AFLAC Administrative Services/FLEX ONE® Dated at ® this c tom- day of 5-92.±-4 � .2 0 D `/ By. ichard A. is, Cit ager Street Address. Yakima City Hall, 129 N. 2nd Street, Yakima, WA 98901 CITY CONTRAC r N0: a�, -;&22 RESOLUTION NO: /e..."74%'44 -/4/r3 6 RSA(v111403) - CUSTOM Appendix A Schedule of Services to Be Provided By AFLAC In accordance with attached Reimbursement Services Agreement AFLAC shall provide the following services for the Employer: General Plan Services: provide the Employer with a sample cafeteria plan document, including a medical care expense reimbursement ("URM") Plan and a dependent care expense reimbursement ("DDC") Plan to be reviewed by the Employer and its legal counsel, and provide the Employer with a sample flexible benefits summary plan description for distribution to each Plan Participant and employees and where may be required by a Change in Status, and upon receiving instructions from the Employer on a Change in Status, AFLAC will make the change requested by the Employer Additional Services if DDC or URM Benefits Are Offered: assist the Employer in explaining the URM and/or DDC features of the cafeteria plan to employees, and process the Employee -executed Salary Redirection Agreements as they relate to the URM and DDC components of the Employer's flexible spending account; and prepare an enrollment confirmation letter and send it to the Employer to verify URM and DDC elections, and provide each URM and/or DDC Participant with an Explanation of Benefits and account balance statement with each reimbursement Request, at the end of each quarter (based on Plan Year) if no reimbursement Requests are received, and at the end of each Plan Year; and provide the Employer with monthly written reports summarizing the previous period's URM and/or DDC and Account activities, and receive Requests for URM and/or DDC benefits, and expeditiously review such Requests to determine what amount, if any, is due and payable with respect thereto, and disburse the benefit payments it determines to be due (provided the Employer transfers sufficient funds to AFLAC or has sufficient funds in the Account) or if Self -Pay is elected under Section II. A., notify the Employer of the benefit determination in accordance with the provisions of the Plan and the following procedures. valid reimbursement for URM and/or DDC benefits shall be paid by AFLAC on the date funds are received from the Employer (with respect to such Requests) by mailing a check to the Participants at their addresses (unless otherwise requested by the Employer as allowed by the terms of the Plan) or by initiating a direct deposit transfer directly to the Participants in their respective bank accounts in the appropriate amount(s), and if the amount of the (otherwise) reimbursable DDC Request exceeds the amount the Participant had withheld for DDC benefits, the excess shall be carried forward (within the same Plan Year) and treated as an Eligible Employment -Related Expense for that month, and if the amount of URM Requests exceeds the amount the Participant has had withheld from URM benefits, the entire amount shall be processed to the extent of the Participant's annual election reduced by previous reimbursements made for expenses during the Plan Year (provided the Employer makes available sufficient funds for AFLAC to satisfy the Request), and Requests of less than $15 00 may be carried forward and aggregated with future Requests until the reimbursable amount is greater than $15 00, provided however, that the entire amount of the reimbursable Requests shall be paid after the close of the Plan Year without regard to the $15.00 threshold, and unless otherwise specified in writing by the Employer, Health FSA claims following a Change in Status impacting the Health FSA election shall be processed using a "blended approach" (i e , the maximum Health FSA benefit for a period of coverage following a Change in Status will be limited to the lesser of (a) the annual Health FSA maximum set forth in the Plan document less any benefit payments made prior to the Change in Status, and (b) the sum of the Participant's Health FSA Account balance immediately before the Change in Status and any additional contributions made during the remaining period of coverage), and 7 RSA(v111403) - CUSTOM notify claimants as to any Requests which are denied because of inadequate Request substantiation or improper Request form submission, and give affected claimants the opportunity to resubmit their Requests, and provide to the claimant within thirty (30) days following receipt of a Request, written notification. (a) as to the disposition of the Request, or (b) of an anticipated delay beyond thirty (30) days, not to exceed 15 days from the end of the 30-day period, with respect to the disposition of the Request together with an explanation of the delay; and notify the claimant and refer to the Employer (with an analysis of the issues affecting the Request) for final decision, any Requests which AFLAC deems not to be reimbursable pursuant to the terms of the Plan and/or the reimbursement practices and procedures established by the Employer, setting forth the applicable review procedure available to the claimant through the Employer 8 RSA(v111403) - CUSTOM Appendix B Nondiscrimination Testing Services [Provided Upon Annual Request] Nondiscrimination Testing: The Employer, upon submission of an annual Employee Census Data Sheet, authorizes AFLAC to compile nondiscrimination testing percentages based upon the employee census data provided As consideration for this service, the Plan Sponsor/Administrator agrees to release and hold AFLAC, its subsidiaries, affiliates, officers, directors, owners, shareholders, attorneys, successors and assigns harmless from any liability arising as a result of the provision of, or reliance upon such testing percentages In addition, the Employer understands and agrees that: AFLAC is not in the business of providing legal or tax advice, and the Employer, as the plan sponsor/administrator, will not construe the testing percentages provided by AFLAC to be legal or tax advice Accordingly, the Employer will seek the advice of its own tax or legal advisor to interpret and verify the testing percentages provided, and ensure compliance with applicable nondiscrimination requirements. The Employer bears sole responsibility for nondiscrimination testing and the continued qualified status of its cafeteria plan under all applicable provisions of the Internal Revenue Code The testing percentages provided by AFLAC are merely an indicator of compliance with three of the applicable nondiscrimination tests - the Cafeteria Plan 25% Key Employee Concentration Test, the Dependent Care 5% Shareholder Test, and the Dependent Care 55% Average Benefits Test. Each Employer must also ensure compliance with the Eligibility Test and Contributions and Benefits Test applicable to the Cafeteria Plan, the URM, and the DDC Plan, as well as other tests that may apply to the benefits offered through the Cafeteria Plan To ensure compliance with applicable provisions of the Internal Revenue Code, additional nondiscrimination testing and result verification must be undertaken by the Employer with the assistance of its tax or legal counsel Discrimination testing should be conducted at least 180 days prior to the end of the Plan Year to which the data relates to ensure adequate time to make any required corrections. AFLAC will assist with discrimination testing no less frequently than once per year and no more frequently than once every thirty (30) days. 9 RSA(v111403) - CUSTOM ADMINISTRATIVE SERVICES The #1 Provider of Cafeteria Plan Services 09-02-04 Dear CITY OF YAKIMA Welcome to AFLAC's FLEX ONE®, the #1 provider of cafeteria plan services! Enclosed in this packet are the documents necessary to establish a cafeteria plan with the assistance of FLEX ONE® Please carefully review the Flexible Benefits Plan Document and Summary Plan Description to verify that all of the information regarding benefits offered, eligibility, plan administration, and funding appear correctly Please notice that the Plan Document refers to the Summary Plan Description with regard to many of the Plan's provisions This approach eases administration and reduces the risk of inconsistency between the Plan Document provisions and the Summary Plan Description provisions For example, if you have changes in the Plan, most of the plan changes will only require formal adoption by the governing body of the employer and distribution of a Summary of Material Modifications (discussed in more detail below) as opposed to both of these and a Plan Document Amendment. You should note that these documents are only sample documents typical of a plan intended to qualify as a Section 125 cafeteria plan with the terms and conditions thereof and that they may need to be modified to conform to your individual circumstances AFLAC has developed these documents with legal counsel, and it is AFLAC's intent and belief that the documents in form satisfy the requirements of Code Section 125. However, AFLAC is not in the business of offering legal counsel or tax advice, and, thus, AFLAC cannot and does not make any representations about the legal or tax effect of these documents upon any particular employer Therefore, it is each employer's responsibility to determine, with the assistance of the employer's own legal counsel, the suitability of these particular documents and the legal and tax effect of these plan documents upon the employer and its employees Since AFLAC has no control over your subsequent modification and/or administration of the Plan and because the Internal Revenue Service will not render an opinion as to a plan's qualified status under IRS Code Section 125, AFLAC makes no representation (express or implied) as to your Plan's qualification under IRS Code Section 125 (and related provisions),as it is adopted and subsequently amended You, as sponsoring employer, bear sole responsibility for amending your plan (as necessary) to comply with future tax law changes, for meeting all reporting and disclosure requirements imposed by applicable law, and for the daily administration of your plan. As such, we recommend you review the following important information: Important Compliance Issues Nondiscrimination Testing is at the very core of the legal requirements imposed by Section 125 of the Internal Revenue Code. Failure to satisfy these requirements will cause adverse tax consequences to highly compensated employees and could possibly disqualify the plan. For details regarding your Nondiscrimination Testing requirements, please refer to the FLEX ONE®Account Establishment Information Checklist. Certain Insurance Premiums which cover the employee (or in the case of coverage other than life insurance, the employee and tax dependents/family) may be included in the FLEX ONE ® Plan Documents if adopted as part of your benefits plan These include • Group Term Life Insurance covering the employee (Eligible under IRS Code Section 79) that is equal to or less than $50,000 (life insurance coverage on dependents is not eligible for pre-tax treatment), • Accidental Death and Dismemberment (AD&D) coverage, • Medical, Dental, Hospital Indemnity, Cancer Insurance, Vision, Hearing and other qualified accident and health premiums — Please Note: When including health, medical and disability income policies within the FLEX ONE ®Plan: Paying for coverage on a pre-tax basis may cause insurance benefit payments under medical coverage to be subject to federal and state taxes if benefit payments from all medical policies/plans are in excess of actual medical expenses. Paying for disability income policies with pre-tax premiums will cause the benefits payable thereunder to be taxable. Form 5500 Annual Reports . For details regarding your Form 5500 annual reporting requirements, please refer to the FLEX ONE®Account Establishment Information Checklist. Continuation of Coverage. Health benefits offered through a cafeteria plan may be subject to the continuation coverage provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA") See the Summary Plan Description (SPD) for more details. Continuation of Coverage During FMLA Leave . Health benefits (including Health FSA benefits) and non -health benefits offered through a cafeteria plan are subject to the continuation and reinstatement provisions of the Family and Medical Leave Act of 1993 ("FMLA"). See Q-13 of the SPD for more details on coverage offered under the Plan during FMLA reave *2300009020046 COVLET HIPAA Privacy Requirements. During the course of providing participants with health coverage under the Health FSA (if applicable), the Pian will have access to information about covered individuals that is deemed to be "protected health information", or PHI, by the Health Insurance Portability and Accountability Act of 1996, or HIPAA. HIPAA Privacy Rules apply to health plans, including Health FSAs The Employer is solely responsible for ensuring that the Employer and the Plan comply with HIPAA's rules. If you are a Health FSA Plan Sponsor, AFLAC is providing an attached privacy packet ("Important Privacy Information") which is an overview of HIPAA Privacy Rules. AFLAC has also included general HIPAA privacy language in the camnle rinnnmentetinn (Qeetinn 1f1 1 of the pian rinni invent and fpr Grill Plane nn iy, 6pnenrliv II to the CPI) The nriveey information provided in this Cafeteria Plan Packet is not provided with the intent of fully satisfying your HIPAA obligations. HIPAA's Privacy Rules are complicated, and its effects may vary for each plan You should consult with your legal counsel regarding your required actions and plan language for your Company and Plan to achieve HIPAA compliance Plan Administration and Maintenance Plan Document Maintenance. Each plan sponsor is responsible for reviewing the FLEX ONE® Plan documents to ensure that they are consistent with its desired plan design and any legal requirements that may apply in its state. For your added convenience and your future reference, the most current version of the sample Cafeteria Plan Packet will be available on the AFLAC web site (www.aflac.com) and the FLEX ONE® IVR (877-353-9487) As we make changes to the sample Cafeteria Plan Documents to correspond with changes in applicable laws, you can access the updates quickly and easily Summary Plan Description. All plan sponsors are required to give each eligible employee a copy of the SPD within 120 days of the effective date of the initial plan year and within 90 days of the effective date of coverage for all subsequent plan years. If an employer makes a change in the plan, the employer must provide the employees with a summary of the changes (a Summary of Material Modifications or (SMM)) within 60 days of the adoption of the change Note: While the Plan and related documents are copyrighted, AFLAC gives you limited permission to copy the documents as necessary for distribution to your employees for use solely in the operation of your own cafeteria plan Payroll Instructions. Payroll instructions will be thoroughly reviewed with you or your payroll specialist by your AFLAC agent. Employee Eligibility and Elections New Employees. For details regarding Employee eligibility, please refer to Section 3 02(b) of the Plan Document. Employees of Affiliated Companies. If the requirements of IRS Code Section 414(b), (c), (rn) or (o) are satisfied, the employees of an affiliated company may be able to participate in this plan You should consult with your tax advisor concerning the potential impact of IRS Code Section 414(b), (c), (m) and (o) Benefit Election Changes. Employees generally cannot change their election to participate in the Pre-tax Contribution payment option or vary the Pre-tax Contributions they have selected For details regarding important exceptions to this general rule please refer to Section 3.04 of the Plan Document and Q-9 of the SPD Due to the complexity of cafeteria plans, we recommend that you consult with your accountant, attorney or other tax advisor concerning the plan provisions, administration and operation before executing the plan documents Remember that your cafeteria plan will not be effective until your plan is adopted, and the Plan Documents must be signed PRIOR TO THE EFFECTIVE DATE. If your Plan Document is executed subsequent to the effective date, the IRS may attempt to challenge the qualified status of your Plan We recommend you retain any evidence that you have that would establish your Plan was adopted and enrollments were completed prior to the effective date. In the event that there have been no pre-tax deductions taken thus far, you may consider changing the start date of your cafeteria plan AFLAC will make its best efforts to provide employers information from time to time about developments concerning Section 125 cafeteria plans. However, for reasons stated above, it is the employer's responsibility to maintain the qualified status of the Section 125 plan, in form and in operation If you have any questions concerning the FLEX ONE® Cafeteria Plan Program, you may contact us toll-free at (877) 353-9487 Monday through Friday 8:00 a.m. to 7:00 p.m. Eastern Time We are pleased you've chosen AFLAC Administrative Services/FLEX ONE® to help you meet your cafeteria plan needs, and we look forward to the opportunity to serve you. Sincerely, Zvi?est rirL • tt 1 14 Robert M Ottman Second Vice President AFLAC Administrative Services/FLEX ONE® COVLET *2300G09020046 FLEX ONE® ACCOUNT ESTABLISHMENT INFORMATION AND CHECKLIST Important steps for establishing your FLEX ONE® account For all FLEX ONE® Cafeteria Plans: n Employer's Acknowledgment: After executing and adopting your Plan Document, please sign and date the Employer's Acknowledgment in order to officially adopt and execute your plan Place the signed and dated Employer's Acknowledgment in your files with a copy of your Plan Document Packet. n Summary Plan Description: A copy must be provided to each eligible employee within 120 days of the effective date of the initial plan year and within 90 days of the effective date of coverage for all subsequent plan years For all FLEX ONE® plans with FSAs when FLEX ONE® is the claims processor: To ensure that your account is established in a timely manner, the following documents must be returned to FLEX ONE® at least 10 working days prior to the effective date of your plan. You may return these documents by toll-free fax to (877) FLEX -SRA (877-353-9772) or by mail to AFLAC Administrative Services/FLEX ONE®, 1932 Wynnton Road, Columbus, GA 31999-9950 n Salary Redirection Agreements (SRAs): Completed SRAs for all Flexible Spending Account (FSA) participants must be returned to FLEX ONE® E Reimbursement Services Agreement (RSA): The RSA must be signed in the second signature block and returned to FLEX ONE®. It will be signed by FLEX ONE® and returned to you for your records Important information for administering your FLEX ONE® account Plan Identification Number (PIN): The Department of Labor regulations require that welfare benefit plan sponsors assign a three -digit PIN number to their welfare plans (including cafeteria plans) for identification purposes Numbering for welfare plans should begin at 501 and proceed consecutively This number must be indicated on the Summary Plan Description Affiliated Companies: Only those companies described in Section 414(b), (c) or (m) of the Internal Revenue Code can participate in a cafeteria plan In addition, if there are affiliated companies, nondiscrimination testing will be affected dependent upon relationships with these companies. ▪ 5500 and Summary Annual Report: IRS Notice 2002-24 suspended the requirement to file Form 5500 and Schedule F for fringe benefit plans, including cafeteria plans, pursuant to Section 6039D Please note that Notice 2002-24 does not affect annual reporting requirements under ERISA. Thus, welfare benefit plans subject to ERISA, which may include Health Flexible Spending Accounts (FSAs), must continue to file Form 5500 and any applicable schedules (unless an applicable exception applies) even if the benefits are funded through the cafeteria plan You should contact your tax or legal advisor to find out if your Plan is subject to ERISA and whether filing a Form 5500 (including any applicable schedules) for your Plan is required ❑ Nondiscrimination Testing: Nondiscrimination tests, including the Eligibility, Contributions and Benefits, and Concentration of Benefits tests, must be performed In the case of Flexible Spending Accounts (FSAs), nondiscrimination tests must be performed for each FSA. Upon request, AFLAC Administrative Services will assist you at no extra charge with the Cafeteria Plan Key Employee 25% Concentration Test, Dependent Care 55% Average Benefit Test, and Dependent Care 5% Shareholder Test. Health FSAs: You, as Plan Sponsor, are responsible for ensuring that the Health FSA maximum, if applicable, does not violate nondiscrimination testing requirements set forth by the Department of Labor or increase the Employer's risk in the plan. El Eligibility: You, as Plan Sponsor, are responsible for ensuring that the eligibility period listed in your plan documents does not violate Internal Revenue Service or Department of Labor regulations. Privacy: You, as Plan Sponsor, are responsible for ensuring that your plan does not violate the privacy requirements set forth in the Gramm -Leach -Bliley Act of 1999 (GLB) and, if applicable, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) GLB regulates the privacy of financial information and applies to all FLEX ONE® plans (see the attached "Privacy Practices"). HIPAA protects privacy by regulating the disclosure of protected health information (PHI), so Plan Sponsors of only Health FSAs must comply with HIPAA privacy requirements (Health FSA Plan Sponsors only, see the attached "Important Privacy Information") * If you have any questions regarding this checklist, please contact FLEX ONE toll-free at (877) FLEX -IVR (877-353-9487), and one of our Customer Service Representatives can assist you Monday through Friday from 8:00 A.M. to 7:00 P.M. EST. Employer Acknowledgment: Your signature verifies that an AFLAC sales representative has reviewed the above information with you Signature Printed Name Date CKLIST IMPORTANT PRIVACY INFORMATION As the #1 Provider of Cafeteria Plan Services, our primary goal is to provide you and all of our customers with the best possible service In order to assist you in ensuring your plan's compliance, we want to inform you of existing and upcoming compliance obligations under the privacy rules issued in the Gramm -Leach -Bliley Act of 1999 (GLB) and the Health Insurance Portability and Accountability Act of 1996 (HIPAA), respectively. These laws require you and your Business Associates to protect the personal health and financial information of health plan participants To assist you in understanding the compliance obligations under GLB and HIPAA, the following information is included in this privacy packet: • Privacy Practices - Due to regulation by GLB, we are required to provide you with this information, which explains our policy regarding the sharing of our customers' personal information with affiliates and third parties • Top HIPAA Privacy Questions - This Q&A provides basic introductory HIPAA Privacy information HIPAA protects privacy by regulating the disclosure of protected health information (PHI), so HIPAA Privacy Rules apply only to health plans (including Health FSAs). HIPAA Privacy Rules define who is authorized to access PHI created and maintained by the heath plan. The Privacy Rules are effective either on April 14, 2003 or April 14, 2004, depending on whether your plan is a large or small health plan (see Q-3 for guidelines on determining if your health plan is large or small). • Summary of HIPAA Privacy Rules - This summary provides further valuable information and details regarding the Privacy Rules under HIPAA. • Sample Business Associate Contract - This contract addendum is intended to satisfy your HIPAA business associate requirements with respect to AFLAC's FLEX ONE® services. As explained in this privacy packet, one of your compliance obligations as Plan Sponsor is to ensure that companies and individuals that perform administrative functions on behalf of the plan (i.e., "business associates") agree to comply with the HIPAA Privacy Rules This agreement is obtained by entering into business associate contracts. Unless your plan is self-administered, we are a business associate of your Health FSA plan because we provide claims processing services on behalf of the plan In addition, a sample HIPAA privacy notice is provided as Appendix II of the SPD. This sample notice outlines the minimum requirements of the required privacy notice under HIPAA, and it is intended to be used in conjunction with your specific HIPAA Privacy Notice The Privacy Notice that you provide is already incorporated by reference into Appendix II and, upon distribution, becomes part of the Cafeteria Plan Document. NOTE. As AFLAC cannot provide you with tax or legal advice, the information in this privacy packet should not be construed as such. All information provided is general in nature and cannot address issues and concerns particular to your health plan administration. Before you use any of the sample documents in this privacy packet and/or Cafeteria Plan Packet, please review them with your legal counselor or benefits advisor to ensure they meet your plan's specific compliance requirements. Health FSAs are health plans subject to HIPAA's privacy requirements. To the extent that you sponsor other health plans regulated by the Privacy Rules and have access to health information, your compliance obligations for the Health FSA Plan are similar - and in many cases you need merely to include your Health FSA in your overall compliance initiative under the Privacy Rules. However, as Plan Sponsor, you (and your legal advisor) are responsible for taking action to ensure that your health plans (including the URM FSA) are compliant with the HIPAA Privacy Rules by the applicable effective date. Action may be required of you, as Plan Sponsor: Although AFLAC is taking steps to ensure internal compliance with HIPAA Privacy Rules, you may have further HIPAA obligations While the information contained in this Cafeteria Plan Packet outlines certain Health FSA Plan Sponsor responsibilities, each plan Sponsor should consult with their legal advisor(s) to determine the full effects of HIPAA. However, one of your HIPAA obligations concerns business associates, and AFLAC fits the HIPAA definition of a business associate. • Under the Privacy Rules, the Plan Sponsor must designate which employees are authorized to review PHI from the health plan. Generally, PHI is individually identifiable health information about participants in the health plan. As business associates, we are only permitted to disclose PHI to your company to the specified contact who is authorized to receive PHI. We assume that these individuals are the "named contact" as listed in our current client files (see Section III.F of the Reimbursement Services Agreement) If a different contact person should be used, contact AFLAC Administrative Services/FLEX ONE® prior to the HIPAA effective date for your Plan, as all HIPAA compliance responsibilities lie with you, as Plan Sponsor • To use the attached sample HIPAA Business Associate Agreement (Exhibit A) as your business associate contract with AFLAC, sign and return the original copy to AFLAC Administrative Services/FLEX ONE®, and the contract will become an addendum to your Reimbursement Services Agreement (RSA). Depending on your Plan size and resulting HIPAA effective date, you may not need to implement business associate contracts at this time. If you need additional assistance regarding the business associate agreement or any of the attached privacy material, please contact rn AFLAC Administrative Services/FLEX ONE® toll-free at (877) 353-9487 Monday through Friday from 8.00 A.M to 7.00 P.M Eastern Time. *2300G0 1 PRIVFSA PRIVACY PRACTICES Protecting the privacy and confidentiality of employer and participant information through our FLEX ONE® cafeteria plan services is very important to American Family Life Assurance Company of Columbus (AFLAC®) and American Family Life Assurance Company of New York (AFLAC New York) Throughout this notice when we use the name "AFLAC," we will be referring to both organizations Accordingly, e strive to comply with each of the following practices in everything we do: • We do not sell, rent, lease or otherwise disclose personal information about employers or employees of an employer for purposes unrelated to our products and services. The personal information of our customers is of paramount importance to us Therefore, we provide this information only to our employees, agents and third parties as required to allow them to help us develop and provide our insurance and employee benefit products and services. • We work to ensure information integrity and security. We use technology tools and design our business practices to help ensure that the personal information of the employer and employees of the employer are properly gathered, stored and processed We also work to maintain the security of, and internal and external access to, the personal information of our customers through the use of technology and our business practices • We expect our agents and employees to respect the personal information of our customers. AFLAC has business policies and practices in place to help ensure that its employees and agents carry out these practices and otherwise protect the personal information Both employees and agents are subject to censure, dismissal or termination for violation of these policies These Privacy Practices apply to our U S. customers. Due to legal and cultural differences, our practices may vary outside the United States PRIVACY NOTICE AFLAC and our agents provide this notice to let you know about the current privacy practices of AFLAC and our agents. You do not need to do anything in response to this notice. This notice is merely to inform you about how we safeguard your information. Collection of Information As part of AFLAC's normal operating procedures, AFLAC (and our agents acting on our behalf) need to obtain information from both the employer and the participant to service the flexible spending accounts AFLAC and our agents may collect nonpublic personal information (which includes both nonpublic personal financial information and nonpublic personal health information) about AFLAC customers, including but not limited to: • Information from the employer or the participant (including names, addresses, Social Security numbers, financial and marital status, and health and dependent child-care information), • Infnrmatinn about the employer or the participants' transactions with AFI An nr nur agents (including claims payment information and banking information), • Information from the employer or the participants' health care providers (including drug receipts and medical information), employers (including hnnpfit plprtinnc anri emnlnvmant irfnrmatinn) and family memherc Disclosure of Information AFLAC may disclose the nonpublic personal financial information we collect, as described above, as well as information about your transactions with us (such as your election amounts, premiums, and payment history) to our agents or other third parties who perform services for us or functions on our behalf, including the marketing of AFLAC services. AFLAC may also disclose the nonpublic personal financial information we collect to other third parties as authorized by you, or as required or permitted by law. Our agents will make disclosures of the employer or the participants' nonpublic personal financial information only while acting on AFLAC's behalf and, furthermore, will make such disclosures only as AFLAC itself is permitted to make Neither AFLAC nor our agents will use or share with other parties any nonpublic personal health information about our customers for any purpose other than the servicing of the employer's flexible spending account plan by AFLAC or on our behalf, or to which the customer consents. Neither AFLAC nor our agents will further disclose any nonpublic personal information about a former customer of AFLAC other than as may be required or permitted by law. Confidentiality and Security AFLAC and our agents will safeguard, according to strict standards of security and confidentiality, any information we collect, receive, or maintain about AFLAC's customers. AFLAC maintains administrative, technical, and physical safeguards to ensure the security and confidentiality of the employer and employees, and the employer information and records, to protect against anticipated threats or hazards such records, and to protect against unauthorized access to or use of such information or records Internally, AFLAC limits access to our customers' information to only those employees who need access to the information to perform their job functions Employees who misuse information are subject to disciplinary actions Externally, we do not disclose customer information to any third parties unless we have previously informed the customer of the disclosure, have been authorized to do so by the customer, or are required or permitted to make the disclosure by law or our regulators. AL 2 PRIVFSA *2300G09020046 TOP HIPAA PRIVACY QUESTIONS Q-1. Does HIPAA apply to plans sponsors? HIPAA applies to covered entities, a term that includes health plans (including health FSAs) In most instances, Plan Sponsors are not covered entities. Nevertheless, HIPAA requires Plan Sponsors to comply with certain administrative requirements in order to receive protected health information (PHI) from their health plans If the Plan Sponsor does receive PHI from the plan, the Sponsor must amend its plan documents and certify that its plan has been amended and that it has implemented appropriate safeguards Plan Sponsor personnel dealing with PHI are subject to HIPAA, and firewalls must be created between the Plan Sponsor and other employer functions PHI may not be used for employment purposes or for administering any other plan such as disability or workers compensation Q-2. How much time do Plan Sponsors have to comply? Large health plans must comply with the HIPAA privacy requirements by April 14, 2003. Small health plans must comply by April 14, 2004 Q-3. How do I know if my plan is a large or small health plan? Under HIPAA, a small health plan is a health plan with "receipts" of less than $5 million. If your plan is fully insured, receipts are measured by the amount of insurance premiums you paid in the last full plan year prior to April 14, 2003. For self-insured plans, receipts is the amount of claims you paid for the last full plan year prior to April 14, 2003. For plans with both fully insured and self-insured elements, it is the aggregate amount of claims and premiums paid HIPAA does not provide guidance on what constitutes a "plan," but a good rule of thumb is that each plan for which you file a Form 5500 is a separate plan. If you have a wrapped plan, then you would likely aggregate all of the claims or premiums paid for every health arrangement in the plan, i e dental and vision claims and medical insurance premiums Q-4. What is protected health information? Protected health information (PHI) is individually identifiable health information that is created or received by a covered entity Individually identifiable health information is health information that relates to an individual's past, present, or future physical or mental health or condition, to the provision of health care to that person, or to the past, present, or future payment for that person's health care Examples of PHI held or accessed by health plans are claims information and claims history. Q-5. What is a business associate? A business associate is an entity to which the plan discloses PHI in order for that entity to perform functions or services on behalf of the health plan. Some examples are TPAs, claim auditors, consultants, attorneys, and Rx vendors. Business associates of a plan do not include the Plan Sponsor or an insurer of a fully insured plan. The privacy rules require the plan to have a contract (called a business associate agreement) where the business associate agrees to abide by similar confidentiality rules as the plan. Q-6. Who enforces the privacy rules and what are the penalties for a violation? The Department of Health and Human Services' Office of Civil Rights has authority to accept and investigate complaints and also conduct compliance reviews. Failure to comply with the HIPAA privacy requirements may result in a fine of up to $100 per violation with the total amount for all violations of an identical requirement not to exceed $25,000 Criminal fines and imprisonment may also apply if someone knowinglyobtains or discloses individually identifiable health information in violation of the privacy rules. Q-7. How does HIPAA impact my duties under FMLA, ADA, OSHA, and workers' compensation? HIPAA does not regulate health information you receive from your employees as their employer. For example, your employee can give you a physician's certification for FMLA leave. However, you cannot use PHI from the health plan such as claims data for purposes of administering your disability or workers' compensation plans In addition, you must have an authorization from your employees to receive medical information such as drug testing results directly from a health care provider Thus, it would be a good idea to include an authorization in any FMLA or workers' compensation packets for this purpose. Q-8. EDI - what does it mean and how does it apply to my health plan? EDI stands for electronic data interchange. It is another part of the Administrative Simplification provisions of HIPAA that applies in addition to privacy These standards mandate that certain health care transactions be conducted electronically. Generally, if a "covered entity" or its "business associate" electronically conducts a HIPAA-covered transaction with another covered entity or within the same covered entity then the entity must use standard formats and content, and uniform codes to communicate with the other entity. This is called a standard transaction. In most cases health FSAs conduct transactions exclusively with participants (not covered providers or health plans). If this is the case with your health FSA the EDI obligation may be minimal If your health FSA conducts covered transactions with other covered entities you should notify FLEX ONE® immediately 3 PRIVFSA SUMMARY OF HIPAA PRIVACY RULES I. Introduction The HIPAA privacy rules regulate the use and disclosure of protected health information (PHI) by defining who is authorized to' access PHI created or maintained by covered entities and for what purposes A. Who is Covered There are three types of covered entities under the privacy rules health plans (which includes Health FSAs), health care clearinghouses, and health care providers who transmit certain standard transactions electronically. Employers that are not in the health care services field normally are not covered entities Nevertheless, employers, as health plan sponsors, must agree to comply with certain privacy requirements if they want to receive PHI from their health plans. B. Basic Concepts Health plan sponsors should understand and recognize the following basic concepts under the Privacy Rules (1) what PHI is, (2) which plans are considered health plans under the privacy rules, and (3) what business associates are PHI PHI is individually identifiable health information that is maintained, created or transmitted by a covered entity Individually identifiable health information is health information that relates to an individual's past, present, or future physical or mental health or condition, or to the provision of health care to that person, or to the past, present, or future payment for that person's health care Examples of PHI held, created, or maintained by health plans include claims information and claims payment history. 2. Health Plans A health plan is defined in the privacy rules as an individual or group plan that provides (or pays the cost of) medical care In addition to Health FSAs, this definition includes virtually all arrangements that pay the cost of medical care, including • group health plans, • health insurance issuers, • HMOs, • ERISA plans, • Iviedicare and Medicare+Choice, • Medicaid, • Medicare supplement policies, • issuers of long-term care policies, and • welfare benefit plans or other arrangements that provide health benefits for two or more employees Some plans that provide health care are excluded from the definition of a health plan under HIPAA. These are self-administered and self-funded health plans that have fewer than 50 participants Note that this exclusion does not apply to a self-funded health plan that uses a third -party administrator In addition, the following plans are not health plans under HIPAA because they are considered "excepted benefits" accident -only plans, disability plans, liability insurance plans, workers' compensation programs and on-site medical clinics. 3. Business Associates Service providers who receive or create PHI to assist health plans in connection with their health care functions are considered business associates under the Privacy Rules Examples of business associates are TPAs, consultants, insurance agents and brokers, claim auditors, and utilization review companies. Employees of the Plan Sponsor and the Plan Sponsor itself are not business associates. Although health plans are covered entities, most health plans do not have employees; therefore, the health plan itself is generally not a business associate 4 PRIVFSA Business associates normally are not covered entities themselves under the Privacy Rules However, before a health plan may disclose PHI to a business associate, the Privacy Rules require the plan (through its Plan Sponsor) to enter into a contract (called a business associate agreement) with the business associate This contract legally obligates the business associate to agree to restrictions on the use and disclosure of PHI Health plans must execute business associate agreements with all of their service providers before the effective date of the privacy rules. (We have attached a sample "Privacy Rules Business Associate Contract" as Exhibit A, and it is intended to satisfy your HIPAA business associate requirements with respect to AFLAC's FLEX ONE® services.) I1. How the Privacy Rules Affect Sponsors of Self -Insured Health Plans As mentioned above, Plan Sponsors are not covered entities under the Privacy Rules Nevertheless, if you are a Plan Sponsor of a self-insured plan, the Privacy Rules impose requirements on both you and your plan These include the following: provide individuals with the rights to access and PHI and to receive an accounting of PHI (as described in Section ILA below), prepare and provide a privacy notice (as described in Section II.B below); and comply with the administrative safeguards applicable to covered entities (as described in Section II.0 below) Even if you retain a business associate to perform services for your plan, it is probable that you will have access to PHI For example, most TPA arrangements require that the Plan Sponsor serve as the ultimate ERISA claims fiduciary for appeal purposes In order to disclose PHI to its Plan Sponsor, the health plan must be amended. Finally, note that the Plan Sponsor may not retaliate against health plan participants who exercise their privacy rights, or require individuals to waive their rights. The following discussion examines three main compliance obligations for self-insured health Plan Sponsors: (A) the use and disclosure rules, (B) individual rights, and (C) administrative safeguards A. Use and Disclosure Rules The privacy rules provide that covered entities are prohibited from using or disclosing PHI for any reason other than treatment, claims payment, or health care operations (i e., operations related to claims payment and treatment) If a covered entity is not using or disclosing PHI for these three purposes, then it must either (1) find a regulatory exception on which to rely or (2) obtain a specific authorization from the individual to whom the PHI relates Health plans are most likely to use PHI in connection with activities related to payment and health care operations. "Payment" means an activity undertaken by a health plan to obtain contributions, to determine or fulfill its responsibility for provision of benefits under the health plan, or to obtain or provide reimbursement for health care. Payment includes eligibility and coverage determinations, billing, claims management, collection activities, and related health care data processing. "Health care operations" refers to activities compatible with and directly related to treatment or payment, such as: (1) internal quality oversight review; (2) credentialing and health provider evaluation; (3) underwriting, (4) insurance rating, and (5) other activities relating to creation, renewal, or replacement of a contract of health insurance or health benefits (including stop -loss insurance and excess insurance), medical review; legal services, and auditing functions (including fraud and abuse detection), business planning, management and general administration; and fundraising Most self-insured health plans hire business associates to assist them in performing payment and health care operations functions In addition to the uses and disclosures for treatment, payment, and health care operations, plans may also use and disclose PHI for certain mandated disclosures without an individual's authorization, such as • Uses and disclosures required by law; • Uses and disclosures for public health activities, • Disclosures about victims of abuse, neglect, or domestic violence, • Uses and disclosures for health care oversight activities; • Disclosures for judicial and administrative proceedings, • Disclosures for law enforcement purposes; • Uses and disclosures about decedents; • Uses and disclosures for cadaveric organ, eye, or tissue donation purposes; • Uses and disclosures for certain limited research activities; Uses and disclosures to avert a serious threat to health or safety; • Uses and disclosures for specialized government functions; and • Disclosures for workers' compensation *2300G 5 PRIVFSA Please note that a use or disclosure of PHI pursuant to another federal or state law must be "required" to be disclosed by the other law (not just permitted), or the exception does not apply For example, a plan will not be able to disclose a participant's PHI to the Plan Sponsor under a state law that merely permits but does not require a health plan to disclose medical records relating disclosures be Department Health d to workers' compensation injuries to the employer In addition, diSCiv�u�e� must made to the ofLJCLJdILIIICIIIncanii and Human Services in connection with its enforcement and compliance review actions Any other use or disclosure in addition to the permitted uses and disclosures of PHI described above requires an authorization from an individual An authorization must have the following core elements in order to qualify as a valid authorization under LJ 10 AA 111 • Description of the information to be disclosed; ▪ Identification of person(s) authorized to use or disclose PHI and to whom PHI may be disclosed, • Purpose of the requested disclosure, • Expiration date or event that would terminate the authorization; • Signatures by individual whose information is to be disclosed, and • Statements regarding the right to revoke authorization, inability to condition treatment, payment, enrollment or eligibility for benefits on authorization, and potential for re -disclosure. The authorization must be written in "plain language," and the individual must receive a signed copy of the authorization if such authorization was sought by the covered entity Individuals may request to have their PHI disclosed by a health plan for a variety of reasons, including applications for life or disability insurance or for purposes of a lawsuit. The Plan Sponsor may request an authorization from an individual to allow the plan to disclose medical claims records for FMLA leave or a request for reasonable accommodation under the ADA. The Plan Sponsor must remember that it cannot use or disclose PHI for any employment purpose without the individual's authorization, A health plan may not condition treatment or payment on an authorization except in very limited circumstances B. Individual Rights and Privacy Notice The Privacy Rules grant individuals certain rights with respect to their health information. Such rights include the ability to access and amend their PHI maintained by the covered entity, receive an accounting of disclosures of certain limited PHI, and receive a privacy notice. As Plan Sponsor, you need to coordinate with your TPA and any other business associates to satisfy these requirements In response to any participant inquiries that you receive, FLEX ONE° will make available any PHI that it maintains for your plan 1. Individual Rights An individual has the richt to inspect and copy his or her own PHI. The plan may require individuals to make requests for access to PHI in writing, as long as the requirement is communicated to individuals Such a requirement should be placed in the privacy notice The covered entity must respond to an access request within 30 days for PHI maintained on site or within 60 days if the information is not on site Access may be denied in certain specified circumstances (e g , psychotherapy notes). If the plan denies the request, it must provide the individual with a written denial that includes the reason for the denial, a statement about the individual's right to review the denial (if applicable), and a description of the plan's complaint procedures, including the name, title, and telephone number of the covered entity's contact person or office. An individual has the right to request an amendment or correction to any of his or her PHI that is inaccurate or incomplete The plan may require individuals to make request for corrections in writing and provide support for the requested change, as long as these requirements are communicated to individuals in the privacy notice If the plan denies the request, it must provide a written notice of the denial that includes the following • the basis for the denial; • the individual's right to submit a written statement disagreeing with the denial and how to file such statement; • that the individual may (if he or she does not submit a written statement of disagreement) request that the review for amendment and any subsequent denial be included in future disclosures of the information, and • a description of the covered entity's complaint procedures, including the name, title, and telephone number of the covered entity's contact person or office 6 PRIVFSA *2300G09020046 The plan must implement a process to track and timely respond to individual amendments and amendment requests, as well as to track denials by the covered entity, the individual's statement of disagreement, and the covered entity's rebuttal, as applicable The covered entity must respond to an amendment request within 60 days, and it may extend this period by 30 days if it gives the participant notice within the original 60 -day period An individual also has the right to obtain an accounting of certain limited disclosures of his or her own PHI This right to an accounting extends to disclosures made by covered entities at any time in the last six years (but not including any time prior to April 14, 2003 or 2004, as the case may be). Significantly, this right does not include the following disclosures for treatment, for payment of health care operations, to individuals about their own PHI, for health information authorized by the individual, and for certain other limited purposes The accounting must include the date of the disclosure, the name of the receiving party, a brief description of the information disclosed, and a brief statement of the purpose of the disclosure The covered entity must respond to an accounting request within 60 days. 2. Privacy Notice The health plan is required to provide a notice of privacy practices for PHI to all individuals enrolled in the health plan This notice must describe the uses and disclosures of PHI that may be made by the covered entity, the individual's rights, and the covered entity's legal duties with respect to the PHI. The Privacy notices must be provided to individuals (a) no later than the compliance date for the privacy regulations (for covered entities, this is April 14, 2003 or 2004, as the case may be), (b) on an ongoing basis after the compliance date, at the time of an individual's enrollment in the plan, and (c) within 60 days after a material change to the notice. In addition, plans must provide a notice of availability of the privacy notice at least once every three years. It is likely that you will be sending out Privacy Notices for other health plans that you sponsor where you have access to PHI. If this is the case, you might consider combining the Privacy Notices for plans where the information (e g , who has access to PHI) is the same. If you do not otherwise have a Privacy Notice obligation, you must prepare and distribute a Privacy Notice for your Health FSA. (For your convenience, we have attached a sample privacy notice as Appendix 11 to the FLEX ONE® Summary Plan Description (SPD). Review the sample notice with your legal advisor and make any necessary changes before distributing it to your employees as it will govern participant rights under the Privacy Rules.) C. Administrative Safeguards In implementing the administrative safeguard requirements, the Plan Sponsor must evaluate the roles of its employees to determine which employees (or classes of employees) will have access to PHI The Plan Sponsor must then implement policies and procedures to ensure that only these designated employees (or classes of employees) have access to PHI, and even then, only to the minimum amount of PHI necessary to perform plan administration duties for the health plan For example, PHI from the health plan may not be used to administer the disability program, which is not considered a health plan under the privacy rule. Finally, the Plan Sponsor must ensure that these employees do not use or disclose PHI in a way prohibited by the final regulations If you sponsor other health plans and have access to PHI you likely will have already begun to establish your HIPAA Policies and Procedures document. A Plan Sponsor of a self-insured plan must satisfy the following administrative safeguard requirements: • Designate a privacy official responsible for the development and implementation of policies and procedures, • Designate a contact person or office for receiving complaints and providing additional information concerning the privacy notice (this may be but is not required to be the same person as the privacy official); • Train of all employees who will have access to PHI on privacy policies and procedures; • Establish appropriate administrative safeguards (both technical and physical) to protect PHI from accidentally being used or disclosed in violation of HIPAA's requirements (for example, all PHI should be kept in locked file cabinets and computer systems should have adequate firewalls to protect electronically stored PHI); • Create a process for individuals to lodge complaint and a system for handling such complaints and recording their resolution, • Design a system of written disciplinary policies and sanctions for workforce members who violate the privacy rules; Mitigate, to the extent possible, of any harmful effect that is known to the covered entity resulting from an improper use or disclosure of PHI; • Refrain from taking retaliatory action against any individuals who exercise their rights under HIPAA, • Do not require an individual to waive their rights under HIPAA, 7 PRIVFSA Implement polices and procedures designed to comply with HIPAA and have a written manual of such policies and procedures; and Amann the health plan rinnilment to include referenne to the Privnny Rillec (the amenrlerl FI FX Packet accomplishes this by reference to your Privacy Notice) In order to disclose PHI to its Plan Sponsor, the health plan must be amended in the following ways Describe the permitted and required uses and disclosures of PHI by the Plan Sponsor. Specify that disclosure is permitted only upon written certification that the plan documents have been amended to include cnenifin rectrintinnc and that the Plan Snnncnr PgrPPC to thnce rectrintinnc Describe the employees (or class of employees) or other persons under control of the Plan Sponsor who may be given access to PHI; • Restrict access to and use by such individuals to plan administration functions that the plan sponsor performs for the health plans, and • Provide a procedure for resolving any issues of non-compliance by such individuals nNF® CafetP.ria Plan The sample plan language, included :_i SLC updated fLCV O E° Cafeteria Plan Packet accomplishes the required amendment by incorporating language from the Privacy Notice you create and distribute 8 PRIVFSA "2300G09020046 Exhibit A HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 PRIVACY RULES BUSINESS ASSOCIATE AGREEMENT • THIS APPENDIX, effective 1-1 —05 by and between G•i y O Ail. vrn("Plan") and AFLAC (AFLAC) is incorporated into and made a part of the Reimbursement Services Agreement ("Agreement") between AFLAC and CITY OF YAKIMA ("Employer") This Appendix is intended to comply with the business associate agreement provisions set forth in 45 CFR §164 504(e), and any other applicable provisions of 45 CFR parts 160 and 164, subparts A and E (the "Privacy Rules"), issued pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 ("H I PAA") AFLAC recognizes that in the performance of services for the Plan under the Agreement it will have access to, create, and/or receive from the Plan or on its behalf Protected Health Information ("PHI") For purposes herein, PHI shall have the meaning given to such term in 45 C.F R. § 164 501, limited to the information created or received from the Plan or on its behalf by AFLAC Whenever used in this Appendix other capitalized terms shall have the respective meaning set forth below, unless a different meaning shall be clearly required by the context. In addition, other capitalized terms used in this Appendix, but not defined herein, shall have the same meaning as those terms are defined in the Privacy Rules 11 SECTION 1. AFLAC RESPONSIBILITIES AFLAC may use or disclose PHI, provided that such use or disclosure of PHI would not violate the Privacy Rules, as follows (a) as permitted or required in this Appendix and in the Agreement; (b) as Required by Law in accordance with 45 CFR § 164.512; (c) for the proper management and administration of AFLAC, (d) to fulfill any present or future legal responsibilities, (e) for Data Aggregation services to the Plan (as defined in 45 CFR § 164.501), or (f) any use and disclosure of PHI that has been de -identified within the meaning of 45 CFR § 164.514 1.2 AFLAC agrees to implement appropriate safeguards to prevent the use or disclosure of PHI other than as provided for by this Appendix. 1 3 AFLAC agrees to use reasonable efforts to maintain the security of PHI and to prevent unauthorized uses or disclosures of such PHI 1 4 AFLAC agrees to report to the Plan any use or disclosure of PHI not provided for by this Appendix or in the Agreement. 1.5 AFLAC agrees to only request, use or disclose the minimum amount of PHI necessary to accomplish the purpose of the request, use or disclosure 1 6 AFLAC agrees to ensure that any agent, including a subcontractor, to whom it provides PHI agrees to the same restrictions and conditions that apply through this Appendix to AFLAC with respect to such information. 1 7 AFLAC agrees to provide access, at the request of the Plan, and in the time and manner designated by Plan, to PHI in a Designated Record Set (as defined in 45 CFR § 164 501), to the Plan, or as directed by the Plan, to an Individual in order to meet the requirements under 45 CFR § 164.524. AFLAC shall have the right to charge the Individual a reasonable cost -based fee, as permitted by 45 C F.R. § 164.524 AFLAC assumes no obligation to coordinate the provision of PHI maintained by other business associates of the Plan 1 8 AFLAC agrees to make any amendment(s) to PHI in a Designated Record Set that the Plan directs or agrees to pursuant to 45 CFR 164 526 at the request of the Plan or an Individual, and in the time and manner designated by the Plan. 1 9 AFLAC agrees to make its internal practices, books and records relating to the use and disclosure of PHI received from, or created or received by AFLAC on behalf of the Plan available to the Secretary (as defined in 45 CFR § 160.103), in the time and manner designated by the Plan, or the Secretary, for purposes of the Secretary determining the Plan's compliance with the Privacy Rules 1.10 AFLAC agrees to document such disclosures of PHI and information related to such disclosures as would be required for the Plan to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR 164.528. 1 11 AFLAC agrees to provide to Plan or an Individual, in the time and manner designated by Plan, information collected in accordance with 1 10 to permit the Plan to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR § 164.528 9 PRIVFSA 1 12 Fxcept as provided for herein, or as required by law upon termination of the Agreement, AFLAC agrees to return to the Plan or destroy PHI and retain no copies in any form, if feasible. In the event that AFLAC determines that returning or destroying the PHI is infeasible, AFLAC agrees to extend the protections, limitations and restrictions of this Appendix to such PHI and to limit any further uses and/or disclosures of such PHI retained to the purpvoca that make the return or destruction of the PHI infeasible, for as long as AFLAC maintains such PHI Both parties agree that this Section 1 12 shall` survive the expiration or termination of the Agreement and remain in full force and effect thereafter for so long as AFLAC or any of AFLAC' employees, subcontractors, or agents remain in possession of any PHI, and shall expire thereafter SFC:TIfN 9, PI AN £Nil FMPI (IYFR RFSPONSIRII ITIFS 2.1 Employer acting as the Plan Sponsor agrees to comply with the administrative requirements set forth in 45 C.F.R § § 164 530 and 164 504(f), including but not limited to amending the Plan to restrict uses and disclosures of PHI. The Employer agrees to forward a copy of such signed amendment to AFLAC at least 10 business days before the effective date of this Appendix. [Note. If Employer has adopted AFLAC's revised Plan Document (rev 1/03), Employer shall send a signed copy of the updated adoption page]. 2.2 The Employer acknowledges and agrees that AFLAC shall only disclose PHI in its possession to the Named Contact as designated (and through the modes specified) in Section III F The employees who are identified on the applicable plan document request form (and in the Plan documents) shall be the Designated Persons in accordance with 45 C.F R. § 164 504(f), and disclosures to such persons by AFLAC are solely for purposes of carrying out plan administration functions that the Employer performs for the Plan. 2 3 Employer shall timely notify AFLAC in writing of any changes to the names or positions of employees listed in subsection 2.2 as Designated Persons AFLAC shall have no duty to inquire whether the list of Designated Persons is accurate 2 4 Employer acknowledges and agrees that under the Privacy Rules Designated Persons may only request the minimum amount of PHI necessary to accomplish the purpose of the request, use or disclosure. AFLAC shall have no duty to ensure that the amount of PHI requested by the Designated Persons is the minimum amount necessary 2.5 AFLAC shall have no liability for uses or disclosures contemplated in the Agreement. Employer shall indemnify and hold harmless AFLAC (and its employees) for any and all liability AFLAC may incur as a result of any improper use or disclosure of PHI by the Plan, Employer or a Designated Person(s) 2 6 Plan shall not request AFLAC to use or disclose PHI in any manner that would not be permissible under the Privacy Rules if done by the Plan, except that AFLAC may use or disclose PHI as provided in Section 1.1 2 7 Pian shall provide Pian participants and beneficiaries with adequate notice of the uses and disclosures of PHI that may be made by the Plan, and of the individual's rights and the Plan's responsibilities with respect to PHI as required in 45 CFR § 164.520. The Plan further agrees to forward a copy of such notice to AFLAC, as well as any changes to such notices. 2.8 Plan shall provide AFLAC with any changes to, or revocation of, permission by a Participant or Beneficiary to use or disclose PHI, if such changes affect AFLAC's permitted or required uses or disclosures 2 9 Plan shall not agree to any special privacy restrictions requested by an Individual without AFLAC's written approval, including those provided for45 CFR § 164.522. 2.10 Notwithstanding any other provision of this Agreement, AFLAC recognizes that the Plan may have other business associates and its sharing of PHI with such other business associates of the Plan will be reasonable and necessary to facilitate Plan administration AFLAC agrees to disclose PHI in its possession to such other entities as directed by the Plan, provided that such other business associates agree to comply with the Privacy Rules with respect to the use and disclosure of such PHI. Plan shall be solely responsible for ensuring that it has entered into appropriate business associate agreements with its other business associates in accordance with 45 C.F R. § 164 504(e). SECTION 3. MISCELLANEOUS 3.1 Both parties agree that nothing express or implied in this Appendix is intended to confer, nor shall anything herein confer, upon any person other than AFLAC, the Plan, the Employer, and their respective successors, or assigns, any rights, remedies, obligations, or liabilities whatsoever 3.2 This Appendix shall be interpreted as broadly as necessary to implement and comply with HIPAA and the Privacy Rules, and any ambiguity in this Appendix shall be resolved in favor of a meaning that complies and is consistent with HIPAA and the Privacy Rules Both parties agree that the provisions of this Appendix shall prevail over any provisions in the Agreement that may conflict or appear inconsistent with any provisions of this Appendix. 10 PRIVFSA '' H111 11111 11111 11111 11111 111 11 11111 11111 11111 11111111 1 111111 11111 11111 11111 111111 1111 11 *2300G09020046 3.3 Both parties acknowledge that future changes to the requirements of HIPAA, the Privacy Rules, and other applicable laws relating to the security or confidentiality of PHI may require amendment of this Appendix. Upon the written request of either party, the other party agrees to promptly enter into negotiations concerning the terms of an amendment to this Appendix. If either party disagrees with any such amendment, it shall so notify the other party in writing within 30 days of notice. If the parties are unable to agree on an amendment within 30 days thereafter, then any of the parties may terminate the Agreement in accordance with Section VI of the Agreement. 3 4 Notwithstanding Section 3.3 above and without limiting the rights of the parties under the Agreement, upon written notice of the existence of an alleged material breach of the terms of this Appendix, the Plan shall afford AFLAC an opportunity to cure said breach upon mutually agreeable terms Failure to cure within 30 days shall be immediate grounds for termination of the Agreement. 3.5 Section 1 12 shall survive the termination or expiration of the Agreement for the reasons stated therein. The other provisions of this Appendix shall survive the termination of the Agreement and remain in full force and effect thereafter for so long as AFLAC or any of its employees, agents or subcontractors remains in possession of PHI in accordance with Section 1.12 of this Appendix and shall expire thereafter IN WITNESS WHEREOF, the parties hereto have caused this Appendix to the Services Agreement to be executed and signed by an Officer of the Employer and an Officer or duly authorized Worldwide Headquarters Employee of AFLAC to do so. SA" Dated at AFLAC this IS day of By: Ocabci-- 2an"-1 Robert M. Ottman Second Vice President, AFLAC Administrative Services Dated at 1(4 - Ile -r By: Street Address. (c -)Ci N t Daa 5 this 2 bll' day of Oftbi , ZODY i � jl1��i/Nrec t rvtc� r k. A (g`lC Title: 11 PRNFSA *2300G09020046 TABLE OF CONTENTS FLEXIBLE BENEFITS PLAN PREAMBLE 3 ARTICLE I - DEFINITIONS 3 1 01 "Affiliated Employer" 3 1 02 "After-tax Contribution(s) " 3 1.03 "Anniversary Date" 3 1 04 "Benefit Plan(s) or Policy(ies) " 3 1 05 "Board of Directors" 3 1 06 "Change in Status" 3 107 "Code" 3 1.08 "Compensation" 3 1.09 "Dependent" 3 1 10 "Dependent Care Expense Reimbursement" 3 1 11 "Earned Income" 3 1 12 "Effective Date" 3 1 13 "Eligible Employment -Related Expenses" 3 1 14 "Eligible Medical Expenses" 4 1.15 "Employee" 4 116 "Employer" 4 117 "ERISA" 4 1 18 "Medicare Care Expense Reimbursements" 4 1 19 "Highly Compensated Individual" 4 1.20 "Key Employee" 4 1.21 "Nonelective Contribution(s)" 4 1.22 "Participant" 4 1.23 "Plan" 4 1.24 "Plan Administrator" 4 1.25 "Plan Year" 4 1.26 "Pre-tax Contribution(s)" 4 1.27 "Qualified Benefit" 4 1.28 "Qualifying Employment -Related Expenses" 5 1.29 "Qualifying Individual" 5 1.30 "Qualifying Services" 5 1 31 "Reimbursement Account(s)" or "Account(s)" 5 1 32 "Salary Redirection Agreement" or "SRA" 5 133 "Spouse" 5 1.34 "Student" 5 1.35 "Summary Plan Description" or "SPD" 5 136 "Trustee" 5 ARTICLE II - ELIGIBILITY AND PARTICIPATION 5 2 01 Eligibility to Participate 5 2.02 Termination of Participation 6 2.03 Eligibility to Participate in Reimbursement Accounts 6 2.04 Qualifying Leave Under FMLA 6 2 05 Non-FMLA Leave 6 ARTICLE III - BENEFIT ELECTIONS 3 01 Election of Contributions 3 02 Initial Election Period 3.03 Annual Election Period 3.04 Change of Elections 3.05 Impact of Termination of Employment on Election or Cessation of Eligibility 6 6 6 6 6 7 ARTICLE IV - BENEFIT FUNDING AND CREDITS AND DEBITS TO ACCOUNTS 7 4 01 Source of Benefit Funding 7 4 02 Reduction of Certain Elections to Prevent Discrimination 7 4.03 Medical Care Expense Reimbursement 7 4.04 Dependent Care Expense Reimbursement 7 ARTICLE V- BENEFITS 7 5 01 Qualified Benefits 7 5 02 Cash Benefit 8 5 03 Repayment of Excess Reimbursements 8 5 04 Termination of Reimbursement Accounts 8 5 05 Coordination of Benefits Under the URM 8 1 PLANDOC ARTIfI F VI - P1 AN AnMINISTRATIQN 8 6 01 Allocation of Authority 8 6 02 Payment of Administrative Expenses 9 a no n U UJ oGJUItirn cu U nisclo�ure nhi,ra+,ons 0 6.04 Indemnification 9 6 05 Substantiation of Expenses 9 6 06 Reimbursement 9 6 07 Annual Statements 9 ARTICLE VII - FUNDING AGENT 9 ARTICLE VIII - CLAIMS PRnr.Fnl'RES 9 ARTICLE IX - AMENDMENT OR TERMINATION OF PLAN 9 01 Permanency 9.02 Employer's Right to Amend 9.03 Employer's Right to Terminate 9 04 Determination of Effective Date of Amendment or Termination ARTICLE X- GENERAL PROVISIONS 10.01 Not an Employment Contract 10.02 Applicable Laws 10.03 Post -Mortem Payments 10.04 Nonalienation of Benefits 10.05 Mental or Physical Incompetency 10.06 Inability to Locate Payee 10.07 Requirement for Proper Forms 10 08 Source of Payments 10.09 Multiple Functions 10.10 Tax Effects 10 11 Gender and Number 10.12 Headings 10.13 Incorporation by Reference 10.14 Severability 10.15 Effect of Mistake 10.16 Provisions Relating to Insurers 10.17 Forfeiture of :lnclaimed Reimbursement Account Benefits 10.18 HIPAA PRIVACY ARTICLE XI - CONTINUATION COVERAGE UNDER COBRA EMPLOYER'S ACKNOWLEDGEMENT ATTACHMENT I - SUMMARY PLAN DESCRIPTION (SPD) 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 11 11 11 11 11 11 11 11 11 11 112 2 PLANDOC PREAMBLE The Employer hereby establishes a Flexible Benefits Plan ("Plan") for its Employees for purposes of providing eligible Employees with the opportunity to choose from among the fringe benefits available under the Plan. The Plan is intended to qualify as a cafeteria plan under the provisions of Code Section 125. The Dependent Care Expense Reimbursement Plan ("DDC") is intended to qualify as a Code Section 129 dependent care assistance plan, and the Medical Care Expense Reimbursement Plan ("URM") is intended to qualify as a Code Section 105 medical expense reimbursement plan. Although printed within this document, the DDC and URM Plans are separate written plans for purposes of administration and all reporting and nondiscrimination requirements imposed by Sections 105 and 129 of the Code and all applicable provisions of ERISA. The DDC and the URM are available only if designated as a Benefit Plan or Policy in the Summary Plan Description (SPD). FLEXIBLE BENEFITS PLAN ARTICLE 1- DEFINITIONS 1.01 "Affiliated Employer" means any entity who is considered with the Employer to be a single employer in accordance with Code Section 414(b), (c), or (m) of the Code 1.02 "After-tax Contribution(s)" means amounts withheld from an Employee's Compensation pursuant to a Salary Redirection Agreement (SRA) after all applicable state and federal taxes have been deducted. Such amounts are withheld for purposes of purchasing one or more of the Benefit Plans or Policies available under the Plan 1.03 "Anniversary Date" means the first day of any Plan Year. 1.04 "Benefit Plan(s) or Policy(ies)" means those Qualified Benefits available to a Participant under this Plan as set forth in the SPD, as amended and/or restated from time to time 1.05 "Board of Directors" means the Board of Directors or other governing body of the Employer (the "Board"). The Board, upon adoption of this Plan, appoints the Plan Administrator to act on the Employer's behalf in all matters regarding the Plan 1.06 "Change in Status" means any of the events described in the SPD, as well as any other events included under subsequent changes to Code Section 125 or regulations issued under Code Section 125, that the Plan Administrator (in its sole discretion) decides to recognize on a uniform and consistent basis as a reason to change the election mid -year. Note: See the SPD for requirements that must be met to permit certain mid -year election changes on account of a Change in Status. 1.07 "Code" means the Internal Revenue Code of 1986, as amended 1.08 "Compensation" means the cash wages or salary paid to an Employee by the Employer. 1.09 "Dependent" means any individual who is a tax dependent of the Participant as defined in Code Section 152(a); however, that in the case of a divorced Employee: i) for purposes of the DDC, Dependent shall be defined as in Code Section 21(e)(5) (i.e. dependent of the parent with custody), and ii) for purposes of accident or health coverage, a child of divorced parents shall be considered a Dependent of both parents. 1.10 "Dependent Care Reimbursement" shall have the meaning assigned to it by Section 5.01 of the Plan 1.11 "Earned Income" means all income derived from wages, salaries, tips, self-employment, and other Compensation (such as disability or wage continuation benefits), but only if such amounts are includable in gross income for the taxable year. Earned income does not include any other amounts excluded from earned income under Code § 32(c)(2), such as amounts received under a pension or annuity, or pursuant to workers' compensation. `,2 1.12 "Effective Date" of this Plan is the effective date set forth in the SPD. v *2300G09020046 1.13 "Eligible Employment -Related Expenses" means those Qualifying Employment -Related Expenses (as defined below) paid or incurred incident to maintaining employment after the date of the Employee's participation in the DDC and during the Plan Year, other than amounts paid to: (a) an individual with respect to whom a Dependent deduction is allowable under Code Sec. 151(c) to the Participant or his Spouse; (b) the Participant's Spouse; or (c) a child of the Participant who is under 19 years of age at the end of the taxable year in which the expenses were incurred 3 PLAN DOC 1.14 "Eligible Medical Expenses" means those expenses incurred by the Employee, or the Employee's Spouse or Dependents, after the date of the Employee's participation in the URM and during the Plan Year to the extent that the expense satisfies the conditions set forth in the Summary Plan Description and are for "medical care" as defined by Code Section 213(d) For purposes of this Pian, the following expenses are not considered "Eligible Medical Expenses" even if they otherwise constitute "medical care" under Code Section 213(d) i) expenses for qualified long term care services (as defined in Code § 7702B(c)), and ii) expenses incurred for health insurance premiums. For purposes of this Plan, an expense is "incurred" when the Participant or beneficiary is furnished the medical care or services giving rise to the claimed expense, regardless of when the expense is paid. "Employee" individual whoconsidered to he in a legal empinyer_empinyee relationship_ with the 1.15 "Employee" moans any l..0 i. �.. �. �,� ....., is.., ...., ��� �. ...y.... _...p.._�_. _...r.-�-- Employer for federal tax -withholding purposes Such term includes "former employees" for the limited purpose of allowing continued eligibility for benefits hereunder for the remainder of the Plan Year in which an employee ceases to be employed by the Employer The term "Employee" shall not include any leased employee (as that term is defined in Code Section 414(n)) or any self- employed individual who receives from the Employer "net earnings from self- employment" within the meaning of Code Section 401(c)(2) unless such individual is also an Employee 1.16 "Employer" means the Employer and the Affiliated Employers named in the SPD provided, however, that when the Plan provides that the Employer has a certain power (e g , the appointment of a Plan Administrator, entering into a contract with a third party insurer, or amendment or termination of the plan) the term "Employer" shall mean only that entity named on the first line of the Plan Information Summary of the SPD, and not any Affiliated Employer. Affiliated Employers who sign the Plan Information Summary andler otherwise adopt the Pian shall be hound by the Plan as adopted and subsequently amended unless they clearly withdraw from participation herein 1.17 "ERISA" shall mean the Employee Retirement Income Security Act of 1974, as amended. 1.18 "Health Care Reimbursement" shall have the meaning assigned to it by Section 5.01 of the Plan 1.19 "Highly Compensated individual" means an individual defined under Code Section 105(h), 125(e), or 414(q), as amended, as a "highly compensated individual" or a "highly compensated employee." 1.20 "Key Employee" means an individual who is a "key employee" as defined in Code Section 125(b)(2), as amended 1.21 "Nonelective Contribution(s)" means any amount that the Employer, in its sole discretion, may contribute on behalf of each Participant to provide benefits for such Participant and his or her Spouse and Dependents, if applicable, under one or more of the Benefit Plan(s) or Policy(ies) offered under the Plan. The amount of employer contribution that is applied towards the cost of the Benefit Plan(s) or Policy(ies) for each Participant and/or level of coverage shall be subject to the sole discretion of the Employer The amount of Nonelective Contribution for each Participant may be adjusted upward or downward in the contributing Employer's sole discretion The amount shah be calculated for each Pian Year in a uniform and nondiscriminatory manner and may be based upon the Participant's dependent status, commencement or termination date of the Participant's employment during the Plan Year, and such other factors as the Employer shall prescribe. To the extent set forth in the SPD or enrollment material, the Employer may make Nonelective Contributions available to Participants and allow Participants to allocate the Nonelective Contributions among the various Benefit Plans or Policies offered under the Plan in a manner set forth in the SPD of additional, taxable Compensation except as otherwise provided in the SPD or enrollment material. 1.22 "Participant" means an Employee who becomes a Participant pursuant to Article II. 1.23 "Plan" means the Flexible Benefits Plan, the SPD (defined in Section 1.35 herein) and (if applicable) the related Trust created by this document. 1.24 "Plan Administrator" means the person(s) or Committee identified in the SPD that is appointed by the Employer with authority, discretion, and responsibility to manage and direct the operation and administration of the Plan if no such person is named, the Plan Administrator shall be the Employer. 1.25 "Plan Year" shall be the period of coverage set forth in the SPD 1.26 "Pre-tax Contribution(s)" means amounts withheld from an Employee's Compensation pursuant to a Salary Redirection Agreement before any applicable state and federal taxes have been deducted The amounts are withheld for purposes of purchasing one or more of the Benefit Plans or Policies available under the Plan This amount shall not exceed the premiums or contributions attributable to the most costly Benefit Plan or Policy afforded hereunder, and for purposes of Code Section 125, shall be treated as an Employer contribution (this amount may, however, be treated as an Employee contribution for purposes of state insurance laws). 1.27 "Qualified Benefit" means any benefit excluded from the Employee's taxable income under Chapter 1 of the Code other than Sections 106(b), 117, 124, 127, or 132 and any other benefit permitted by the income Tax Regulations (i.e., any life 4 PLANDOC *2300609020046 insurance coverage that is includable in gross income by virtue of exceeding the dollar limitation on nontaxable coverage under Code Sec. 79). Notwithstanding the previous sentence, long-term care insurance is not a "Qualified Benefit." 1.28 "Qualifying Employment -Related Expenses" means those expenses that would be considered to be employment-related expenses under Section 21(b)(2) of the Code (relating to expenses for household and dependent care services necessary for gainful employment) if paid for by the Employee to provide Qualifying Services 1.29 "Qualifying Individual" means (a) a Dependent of the Participant who is under the age of thirteen (13), (b) a Dependent of a Participant who is mentally or physically incapable of caring for himself or herself; or (c) the Spouse of a Participant who is mentally or physically incapable of caring for himself or herself 1.30 "Qualifying Services" means services relating to the care of a Qualifying Individual that enable the Participant or his Spouse to remain gainfully employed which are performed (a) in the Participant's home, or (b) outside the Participant's home for (1) the care of a Dependent of the Participant who is under age 13, or (2) the care of any other Qualifying Individual who resides at least eight (8) hours per day in the Participant's household If the expenses are incurred for services provided by a dependent care center (i e., a facility that provides care for more than six (6) individuals not residing at the facility), the center must comply with all applicable state and local laws and regulations 1.31 "Reimbursement Account(s)" or "Account(s)" shall be the funding mechanism by which amounts are withheld from an Employee's Compensation and retained for future Health Care Reimbursement (as defined in Section 1.18 herein) and Dependent Care Reimbursement (as defined in Section 1 10 herein) to the extent adopted by the Employer as set forth in the SPD No money shall actually be allocated to any individual Participant Account(s); any such Account(s) shall be of a memorandum nature, maintained by the Administrator for accounting purposes, and shall not be representative of any identifiable trust assets. No interest will be credited to or paid on amounts credited to the Participant Account(s). 1.32 "Salary Redirection Agreement" or "SRA" means the actual or deemed agreement pursuant to which an eligible Employee or Participant elects to contribute his share of the cost of chosen Benefit Plans or Policies with Pre-tax or After-tax Contributions and/or Benefit Credits (if offered under the Plan) in accordance with Article III herein If the Employer utilizes an interactive voice response (IVR) system or web -based program for enrollment, the SRA may be maintained on an electronic database in accordance with all applicable federal and/or state laws. 1.33 "Spouse" means an individual who is legally married to a Participant (and who is treated as a spouse under the Code), but for purposes of the Dependent Care Reimbursement Plan provisions, shall not include an individual who, although married to the Participant, files a separate federal income tax return, maintains a separate, principal residence from the Participant during the last six months of the taxable year, and does not furnish more than one-half of the cost of maintaining the principal place of abode of the Qualifying Individual. 1.34 "Student" means an individual who, during each of five (5) or more calendar months during the Plan Year, is a full time student at any college or university, the primary function of which is the conduct of formal instruction, and which routinely maintains a regular faculty and curriculum and normally has an enrolled student body in attendance at the location where its educational activities are regularly presented. 1.35 "Summary Plan Description" or "SPD" means the document attached as Attachment I to the Plan document that describes the term of Plan not set forth herein The SPD and all applicable appendices are incorporated hereto by reference 1.36 "Trustee" (if applicable) means the person(s) or institution (and their successors) named on the signature page attached hereto, who have assented to being so named by their signature to this Agreement, otherwise empowered to hold and disburse the funds that are created hereunder. ARTICLE II - ELIGIBILITY AND PARTICIPATION 2.01 Eligibility to Participate. Each Employee who satisfies the eligibility requirements set forth in the SPD shall be eligible to participate in this Plan as of any applicable entry date set forth in the SPD The provisions of this Article are not intended to override any eligibility requirement(s) or waiting period(s) specified in the applicable Benefit Plans or Policies and the terms of eligibility and participation for the Benefit Plan(s) or Policy(ies) offered under the Plan shall be subject to the requirements specified in the governing documents of the Benefit Plans or Policies 5 PLANDOC 909 Termination of Participation Participation shall terminate on the earliest of the dates set forth in the SPD 2.03 Eligibility to Participate in Reimbursement Accounts. Each Employee who satisfies the eligibility requirements set forth in the SPD shall be eligible to participate in the Reimbursement Accounts, if adopted by the Employer, on the date set forth in the SPD Participation in the Reimbursement Accounts shall be effective on the date set forth in the SPD 2.04 Qualifying Leave Under FMLA. Notwithstanding any provision to the contrary in this Plan, if a Participant goes on a qualifying leave under the Family and Medica! Leave Act of 1993 (the "FMLA"), then to the extent required by the FMLA, the PartiParticipant will h.. .,.,+i+l.,rh +.. continue the Participant's Pen -fit Piapc or Pniirioc +hat provide health coverage (inoliding I IRM cipant ua,l l.raln vvnl be ernnl e.a w a.vnullae a. ales. I aa�a, a,l1-' �.., ..����. �..��., � .•..�.. ...... .. _........ benefits to the extent offered under the Plan) on the same terms and conditions as if the Participant were still an active Employee. The requirements for continuing coverage, procedures for FMLA leave, and payment option(s) provided by the Employer (as described above) will be set forth in the SPD and will be administered in accordance with the regulations issued under Code Section 125 and in accordance with the FMLA. 2.05 Non-FMLA Leave. If a Participant goes on an unpaid leave of absence that does not affect eligibility under this Plan or the Benefit Plans or Policies chosen by the Participant, then the Participant will continue to participate and the contributions due for the Participant will be paid by one or more of the payment options described in the SPD If a Participant goes on an unpaid leave that affects eligibility under this Plan or the Benefit Plans or Policies chosen by the Participant, the election change rules in Section 3.04 will apply. If such policy requires coverage to continue during the leave but permits a Participant to discontinue contributions while on leave the Participant will upon returning from leaves he required to repay the contributions not paid by the Participant during the leave. ARTICLE til - BENEFIT ELECTIONS 3.01 Election of Contributions A Participant may elect any combination of Pre-tax Contributions or After-tax Contributions (as set forth in the SPD) to fund any Benefit Plan or Policy available under the Plan, provided that only Qualified Benefits may be funded withPre-tax ContributionsThe Employer butnotrequired, to allocate Non -elective Contributionsto one or more lulldeu Employer may, is ar,,,,,aa.. Benefit Plans or Policies offered under the Plan and to the extent set forth in the SPD or enrollment material, may allow the Participants to allocate his allotted share of Nonelective Contributions among the various Benefit Plans or Policies in a manner set forth in the SPD or enrollment material 3.02 Initial Election Period. (a) Currently Eligible Employees. An Employee who is eligible to become a Participant in this Plan as of the Effective must complete, and SRA with Plan Administrator the election by the Date L.olllp lc6c, sign file an the Plan aavl during � period (as specified Plan Administrator) immediately preceding the Effective Date of the Plan in order to become a Participant on the Effective Date The elections made by the Participant on this initial SRA shall be effective, subject to Section 3 04, for the Plan Year beginning on the Effective Date (h) New Employees and Employees Who Have Not Yet Satisfied The Plan's Waiting Period. An Employee who becomes eligible to become a Participant in this Plan after the Effective Date must complete, sign and file a SRA with the Plan Administrator (or its designated third party administrator as set forth on the SRA) during the Initial Election Period set forth in the SPD or the enrollment material Participation will commence under this Plan as set forth in the SPD. Coverage under the component Benefit Plans or Policies will be effective in accordance with the governing provisions of such Benefit Plans or Policies. (c) Failure to Elect. An eligible Employee who fails to complete, sign and file a SRA in accordance with paragraph (a) or (b) above during an initial election period may become a Participant on a later date in accordance with Section 3.03 or 3.04. 3.03 Annual Election Period. Each Employee who is a Participant in this Plan or who is eligible to become a Participant in this Plan shall be notified, prior to each Anniversary Date of this Plan, of his right to become a Participant in this Plan, to continue participation in this Plan, or to modify or to cease participation in this Plan, and shall be given a reasonable period of time in which to exercise such right: such period of time shall be known as the Annual Election Period. The date that the Annual Election Period commences and ends will be set forth in the SPD or the enrollment material An election is made during the Annual Election Period in the manner set forth in the SPD The consequences of failing to make an election during the Annual Election Period will be set forth in the SPD 3.04 Change of Elections. A Participant shall not make any changes to the Pre-tax Contribution amount or, where applicable, to the Participant's elected allocation of Nonelective Contributions except for election changes permitted under this Section 3 04, and for changes made during the Annual Election Period (Section 3 03), changes caused by termination of employment (Section 3 05) and changes pursuant to the Family and Medical Leave Act (Section 2.04). Except as provided in the SPD for HIPAA special enrollment rights arising from the birth, adoption, or placement for adoption of a child, all election changes shall be effective on a prospective basis only (i.e , election changes will become effective no earlier than 6 PLANDOC the first day of the first pay period coinciding with or immediately following the date that the election change was filed) but, as determined by the Plan Administrator, election changes may become effective later to the extent the coverage in the applicable component plan commences later The circumstances under which a Participant may change his election under this Plan are set forth in the SPD 3.05 Impact of Termination of Employment on Election or Cessation of Eligibility. Termination of employment or cessation of eligibility shall automatically revoke any SRA. Except as provided below, if revocation occurs under this Section 3 05, no new election with respect to Pre -Tax Contributions may be made by such Participant during the remainder of the Plan Year Rules governing elections for former participants rehired during the same Plan Year shall be set forth in the SPD ARTICLE IV - BENEFIT FUNDING AND CREDITS AND DEBITS TO ACCOUNTS 4.01 Source of Benefit Funding. The cost of coverage under the component Benefit Plans or Policies shall be funded by the Participant's Pre-tax and/or After-tax Contributions and/or any Nonelective Contributions provided by the Employer The required contributions for each of the Benefit Plans or Policies offered under the Plan shall be made known to employees in enrollment materials Pre-tax or After-tax Contributions (as elected by the Employee on the SRA) shall equal the contributions required from the Participant less any available Nonelective Contributions allocated thereto by the Employer, or where applicable, the Participant for coverage of the Participant or the Participant's Spouse or Dependents under the Benefit Plans or Policies elected by the Participant under this Plan Amounts withheld from a Participant's Compensation as Pre-tax Contributions or After-tax Contributions shall be applied to fund benefits as soon as administratively feasible. The maximum amount of Pre-tax Contributions plus any Nonelective Contributions made available by the Employer for Benefit Plan(s) or Policy(ies) offered under this Plan shall not exceed the aggregate cost of the Benefit Plan(s) or Policy(ies) elected by the Employee 4.02 Reduction of Certain Elections to Prevent Discrimination. If the Plan Administrator determines, before or during any Plan Year, that the Plan may fail to satisfy for such Plan Year any requirement imposed by the Code or any limitation on Pre-tax Contributions allocable to Key Employees or to Highly Compensated Individuals, the Plan Administrator shall take such action(s) as he deems appropriate, under rules uniformly applicable to similarly situated Participants, to assure compliance with such requirement or limitation Such action may include, without limitation, a modification or revocation of a Highly Compensated Individual's or Key Employee's election without the consent of such Employee. 4.03 Health Care Reimbursement. To the extent offered under the Plan, each Participant's URM will be credited for Health Care Reimbursement with amounts withheld from the Participant's Compensation and any Nonelective Contributions allocated thereto by the Employer or where applicable, the Participant. The Account will be debited for Health Care Reimbursements disbursed to the Participant in accordance with Article V of this document. The entire amount elected by the Participant on the SRA as an annual amount for the Plan Year for Health Care Reimbursement less any Health Care Reimbursements already disbursed to the participant for Expenses incurred during the plan year shall be available to the Participant at any time during the Plan Year without regard to the balance in the Health Care Account (provided that the periodic contributions have been made). Thus, the maximum amount of Health Care Reimbursement at any particular time during the Plan Year will not relate to the amount that a Participant has had credited to his URM In no event will the amount of Health Care Reimbursements in any Plan Year exceed the annual amount specified for the Plan Year in the SRA for Health Care Reimbursement. Any amount credited to the Health Care Account shall be forfeited by the Participant and restored to the Employer if it has not been applied to provide Health Care Reimbursement within the Run -Off period set forth in the SPD Amounts so forfeited shall be used in a manner that is permitted within the applicable Department of Labor ("DOL") or Internal Revenue Service ("IRS") regulations. The maximum annual reimbursement under the URM shall be set forth in the SPD. The Employer may establish a minimum annual reimbursement amount as set forth in the SPD 4.04 Dependent Care Reimbursement. To the extent offered under the Plan, each Participant's DDC will be credited for Dependent Care Reimbursement with amounts withheld from the Participant's Compensation, and any Nonelective Contributions allocated thereto by the Employer or where applicable, the Participant. The Dependent Care Account will be debited for Dependent Care Reimbursements disbursed to the Participant in accordance with Article V of this document. In the event that the amount in the Account is less than the amount of reimbursable claims at any time during the Plan Year, the excess part of the claim will be carried cc over into following months within the same Plan Year, to be paid out as the Dependent Care Account balance becomes adequate In no event will the amount of Dependent Care Reimbursements exceed the amount credited to the Dependent Care Account for any Plan Year Any amount allocated to the Dependent Care Account shall be forfeited by the Participant and restored to the Employer if it has not been applied to provide Dependent Care Reimbursement for the Plan Year within the Run -Off period set forth in the SPD Amounts so forfeited shall be used in a manner that is not prohibited by applicable federal or state law. The maximum annual reimbursement amount shall be set forth in the SPD. The Employer may establish a minimum annual reimbursement amount as set forth in the SPD. *2300009020046 ARTICLE V - BENEFITS 5.01 Qualified Benefits. The maximum benefit a Participant may elect under this Plan shall not exceed the sum of i) the aggregate premium for all Benefit Plan(s) or Policy(ies) set forth in the SPD (other than Health and DDC), ii) the maximum annual 7 PLANDOC Health Care Reimbursement under the I IRM as set forth in the SPD (if offered under the Plan), and iii) the maximum annual Dependent Care Reimbursement under the DDC as set forth in the SPD (if offered under the Plan) (a) Special Rules for Health Care Reimbursement. To the extent offered under the Plan, payment shall be made to the Participant in cash as reimbursement for Eligible Medical Expenses incurred by the Participant or his Spouse or Dependents while he is a Participant during the Plan Year for which the Participant's election is effective provided that the substantiation requirements of Section 6 05 herein are satisfied. for Dcpcndernt f am Reimbursement To the extent offered under the Plan payment shall be made to the Participant in cash as reimbursement for Eligible Employment Related Expenses incurred by him while a Participant, during the Plan Year for which the Participant's election is effective, provided that the substantiation requirements of Section 6.05 have been satisfied 5.02 Cash Benefit. To the extent that a Participant does not elect to have the maximum amount of his Compensation contributed as a Pre-tax Contribution or After-tax Contribution hereunder, such amount not elected shall be paid to the Participant in the form of normal Compensation payments, provided, however, that any applicable Nonelective Contributions may not be received in the form of cash compensation, except as otherwise provided for in the SPD or the enrollment material 5.03 Repayment of Excess Reimbursements. If, as of the end of any Plan Year, it is determined that a Participant has received payments under this Plan that exceed the amount of Eligible Medical Expenses and/or Eligible Employment Related Expenses that have been substantiated by such Participant during the Plan Year as required by Section 6 05 herein, the Plan Administrator shall give the Participant prompt written notice of any such excess amount, and the Participant shall repay the amount of such excess to the Employer within sixty (60) days of receipt of such notification. 5.04 Termination of Reimbursement Accounts. Coverage under the URM and/or DDC shall cease as of the day in which a Participant is no longer employed by the Employer or when a premium payment for the respective plan(s) has been missed for any reason Provided, however, that Participants may submit claims for reimbursement for Eligible Employment -Related Expenses arising during the Plan Year at any time until the end of the Run -Off period set forth in the SPD Participants in the URM may submit claims for reimbursement for Eligible Medical Expenses arising during the Plan Year and before the date of separation from service at any time until the end of the Run -Off period set forth in the SPD. Unless a COBRA election is made as set forth in the SPD, Participants shall not be entitled to receive reimbursement for Eligible Medical Expenses incurred after employment ceases under this Section. Any unused reimbursement benefits at the expiration of the Plan Year (as set forth in the SPD) shall be treated in accordance with Sections 4 03 or 4.04 5.05 Coordination of Benefits Under the URM. The URM is intended to pay benefits solely for otherwise unreimbursed medical expenses Accordingly, it shall not be considered a group health plan for coordination of benefits purposes, and its benefits shall not be taken into account when determining benefits payable under any other pan. ARTICLE VI - PLAN ADMINISTRATION 6.01 Allocation of Authority. The Board of Directors or applicable governing body (or an authorized officer of the Employer) appoints a Plan Administrator that keeps the records for the Plan and shall control and manage the operation and administration of the Plan The Plan Administrator shall have the exclusive right to interpret the Plan and to decide all matters arising thereunder, including the right to make determinations of fact, and construe and interpret possible ambiguities, inconsistencies, or omissions in the Plan and the SPD issued in connection with the Plan. In the case of an insured Benefit Plan or Policy, the insurer shall be the named fiduciary with respect to benefit claim determinations thereunder, and with respect to benefit claims shall have all of the powers of the Plan Administrator described herein. All determinations of the Plan Administrator with respect to any matter hereunder shall be conclusive and binding on all persons Without limiting the generality of the foregoing, the Plan Administrator shall have the following powers and duties (a) To require any person to furnish such reasonable information as he may request for the purpose of the proper administration of the Plan as a condition to receiving any benefits under the Plan, (b) To make and enforce such rules and regulations and prescribe the use of such forms as he shall deem necessary for the efficient administration of the Plan, (c) To decide on questions concerning the Plan and the eligibility of any Employee to participate in the Plan and to make or revoke elections under the Plan, in accordance with the provisions of the Plan, (d) To determine the amount of benefits which shall be payable to any person in accordance with the provisions of the Plan, to inform the Employer or insurer as appropriate, of the amount of such benefits, and to provide a full and fair review to any Participant whose claim for benefits has been denied in whole or in part; 8 PLANDOC *2300G09020046 (e) To designate other persons to carry out any duty or power which may or may not otherwise be a fiduciary responsibility of the Plan Administrator, under the terms of the Plan Such entity will be referred to as a third party administrator and shall be identified in the SPD, (f) (9) To keep records of all acts and determinations, and to keep all such records, books of account, and data and other documents as may be necessary for the proper administration of the Plan, and To do all things necessary to operate and administer the Plan in accordance with its provisions. 6.02 Payment of Administrative Expenses. Except as otherwise provided in the SPD, the Employer currently pays all reasonable expenses incurred in administering the Plan. 6.03 Reporting and Disclosure Obligations. Unless specified otherwise, it shall be the Employer and Plan Administrator's sole responsibility to comply with all filing, reporting, and disclosure requirements, imposed by the DOL and/or IRS, specifically including, but not limited to creating, filing and distributing Summary Annual Reports, Form 5500s, and SPDs Furthermore, the Employer and Plan Administrator shall be required to amend the Plan as is necessary to ensure compliance with applicable tax and other laws and regulations 6.04 Indemnification. The Plan Administrator shall be indemnified by the Employer against claims, and the expenses of defending against such claims, resulting from any action or conduct relating to the administration of the Plan except claims arising from gross negligence, willful neglect, or willful misconduct. 6.05 Substantiation of Expenses. Each Participant must submit a written Claim Form to the Plan Administrator identified in the SPD or its designated plan service provider to receive reimbursements from the URM and/or DDC, on a form provided by the Plan Administrator accompanied by a written statement/bill from an independent third party stating that the expense has been incurred, and the amount thereof. The forms shall contain such evidence, as the Plan Administrator shall deem necessary as to substantiate the nature, the amount, and timeliness of any expenses that may be reimbursed 6.06 Reimbursement. Reimbursements shall be made as soon as administratively feasible after the required forms have been received by the Plan Administrator identified in the SPD or its designated plan service provider. Reimbursements of less than $15 may be carried forward and aggregated with future reimbursements until the reimbursable amount is greater than $15 However, claims for reimbursements outstanding at the end of the Plan Year shall be reimbursed without regard to the $15 threshold limit. Year-end expense reimbursements must be submitted to the Plan Administrator within 90 days of the close of the Plan Year for which the SRA is effective, and during which such expense was incurred, in order to be eligible for reimbursement. 6.07 Annual Statements. The Plan Administrator shall furnish each Participant with an annual statement, showing the amounts paid or expenses incurred by the Employer in providing Medical and/or Dependent Care Expense Reimbursement during the previous calendar year and the respective Reimbursement Account balance(s) on or before January 31 following the close of the applicable Plan Year. ARTICLE VII - FUNDING AGENT The Plan shall be funded with amounts withheld from Compensation pursuant to SRAs, and/or Nonelective Contributions provided by the Employer, if any. The Employer will apply all such amounts, without regard to their source, to pay for the welfare benefits provided herein as soon as administratively feasible and shall comply with all applicable regulations promulgated by the DOL taking into consideration any enforcement procedures adopted by the DOL. If a Trust is designated Funding Agent in the SPD, an appropriate Trust Agreement shall be attached at the end of this Plan. ARTICLE VIII - CLAIMS PROCEDURES The Plan has established procedures for reviewing claims denied under this Plan and those claims review procedures are set forth in the SPD The Plan's claim review procedures set forth in the SPD shall only apply to issues germane to the pre-tax benefits available under this Plan (i.e., such as a determination of. a Change in Status; change in cost or coverage, or eligibility and participation matters under this Cafeteria Plan document), and to the extent offered under the Plan, claims for benefits under the Reimbursement Accounts. 9 PLANDOC ARTICLE IX - AMENDMENT OR TERMINATION OF PLAN 9.01 Permanency. While the Employer fully expects that this Plan will continue indefinitely, due to unforeseen, future business contingencies, permanency of the Plan will be subject to the Employer's right to amend or terminate the Plan, as provided in Sections 9 02 and 9 03 below Nothing in this Plan is intended to be or shall be construed to entitle any Participant, retired or otherwise, to vested or non -terminable benefits all of ..FFM.. 9.02 Employer's Right to Amend. The Empioyer reserves the right to amend at any time any or all the provisions of he Plan. All amendments shall be made in writing and shall be approved by the Employer in accordance with its normal procedures for transacting business (e.g by approval by the Board of Directors through a meeting or unanimous consent of all Board members). Such amendments may apply retroactively or prospectively as set forth in the amendment. Each Benefit Plan or Policy shall be amended in accordance with the terms specified therein, or, if no amendment procedure is prescribed, in accordance with this section Any amendment made by the Employer shall be deemed to be approved and adopted by any Affiliated Employer 9.03 Employer's Right to Terminate. The Employer reserves the right to discontinue or terminate the Plan without prejudice at any time and for any reason without prior notice Such decision to terminate the Plan shall be made in writing and shall be approved by the Employer in accordance with its normal procedures for transacting business Affiliated Employers may withdraw from participation in the Plan, but may not terminate the Plan. 9.04 Determination of Effective Date of Amendment or Termination. Any such amendment, discontinuance, or termination shall be effective as of such date as the Employer shall determine No amendment, discontinuance or termination shall allow the return to any Employer of any Reimbursement Account balance for its use for any purpose other than for the exclusive benefit of the Participants and their beneficiaries except as provided in Section 4.03 and 4 04 herein. ARTICLE X - GENERAL PROVISIONS 10.01 Not an Employment Contract. Neither this Plan nor any action taken with respect to it shall confer upon any person the right to continue employment with any Employer 10.02 Applicable Laws. The provisions of the Pian shall be construed, administered and enforced according to applicable federal law and the laws of the state of the principal place of business of the Employer to the extent not preempted 10.03 Post -Mortem Payments. Any benefit payable under the Plan after the death of a Participant shall be paid to his surviving spouse (if any), otherwise to his estate. If there is doubt as to the right of any beneficiary to receive any amount, the Plan Administrator may retain such amount until the rights thereto are determined, without liability for any interest thereon 10.04 Nonalienation of Benefits. Except as expressly provided by the Plan Administrator, no benefit under the Plan shall be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, or charge, and any attempt to do hall be void. benefit under the PI shall in any manner he iiahio fnr nr subject to the debts, contracts, liabilities so shall No an .. an - engagements, or torts of any person 10.05 Mental or Physical Incompetency. Every person receiving or claiming benefits under the Plan shall be presumed to be mentally and physically competent and of age until the Plan Administrator receives a written notice, in a form and manner acceptable to it, that such person is mentally or physically incompetent or a minor, and that a guardian, conservator or other person legally vested with the care of his estate has been appointed 10.06 Inability to Locate Payee. If the Plan Administrator is unable to make payment to any Participant or other person to whom a payment is due under the Plan because it cannot ascertain the identity or whereabouts of such Participants or other person after reasonable efforts have been made to identify or locate such person, such payment and all subsequent payments otherwise due to such Participant or other person shall be forfeited one year after the date any such payment first became due. 10.07 Requirement for Proper Forms. All communications in connection with the Plan made by a Participant shall become effective only when duly executed on any forms as may be required and furnished by, and filed with, the Plan Administrator 10.08 Source of Payments. The Employer, the Trust fund (if selected as Funding Agent), and any insurance company contracts purchased or held by the Employer or funded pursuant to this Plan shall be the sole sources of benefits under the Plan No Employee or beneficiary shall have any right to, or interest in, any assets of the Employer upon termination of employment or otherwise, except as provided from time to time under the Plan, and then only to the extent of the benefits payable under the Plan to such Employee or beneficiary Plan 10.09 Multiple Functions. Any person or group of persons may serve in more than one fiduciary capacity with respect to the 10 PLANDOC *2300009020046 10.10 Tax Effects. Neither the Employer, its agents, the Plan Administrator, nor the Trustee makes any warranty or other representation as to whether any Pre-tax Premiums made to or on behalf of any Participant hereunder will be treated as excludable from gross income for local, state, or federal income tax purposes If for any reason it is determined that any amount paid for the benefit of a Participant or Beneficiary is includable in an Employee's gross income for local, federal, or state income tax purposes, then under no circumstances shall the recipient have any recourse against the Plan Administrator or the Employer with respect to any increased taxes or other losses or damages suffered by the Employees as a result thereof The Plan is designed and is intended to be operated as a "cafeteria plan" under Section 125 of the Code 10.11 Gender and Number. Masculine pronouns include the feminine as well as the neuter genders, and the singular shall include the plural, unless indicated otherwise by the context. 10.12 Headings. The Article and Section headings contained herein are for convenience of reference only, and shall not be construed as defining or limiting the matter contained thereunder 10.13 Incorporation by Reference. Except for the Medical and Dependent Care Expense Reimbursement Plan(s), the actual terms and conditions of the separate component Benefit Plans or Policies offered under this Plan are contained in separate, written documents governing each respective benefit, and shall govern in the event of a conflict between the individual plan document, and this Plan as to substantive content. To that end, each such separate document, as amended or subsequently replaced, is hereby incorporated by reference as if fully recited herein The provisions of the Medical and Dependent Care Expense Reimbursement Plan(s) are reproduced herein, but shall constitute separate plans for purposes of all applicable Code and ERISA provisions. 10.14 Severability. Should any part of this Plan subsequently be invalidated by a court of competent jurisdiction, the remainder thereof shall be given effect to the maximum extent possible. 10.15 Effect of Mistake. In the event of a mistake as to the eligibility or participation of an Employee, the allocations made to the account of any Participant, or the amount of distributions made or to be made to a Participant or other person, the Plan Administrator shall, to the extent it deems possible, cause to be allocated or cause to be withheld or accelerated, or otherwise make adjustment of, such amounts as will in its judgment accord to such Participant or other person the credits to the account or distributions to which he is properly entitled under the Plan Such action by the Administrator may include withholding of any amounts due the Plan or the Employer from Compensation paid by the Employer. 10.16 Provisions Relating to Insurers. No insurer shall be required or permitted to issue an insurance policy or contract that is inconsistent with the purposes of this Plan, nor be bound to take any action not in accordance with the terms of any policy or contract with this Plan The insurer shall not be deemed to be a party to this Plan, nor shall it be bound to interpret the construction or validity of the Plan The insurer shall be protected from its good faith reliance on the written representations and instructions of the Trustee and the Plan Administrator, and shall not be responsible for the initial or continued qualified status of the Plan 10.17 Forfeiture of Unclaimed Reimbursement Account Benefits. Any Reimbursement Account benefit payments that are unclaimed (e g , uncashed benefit checks) by the close of the Plan Year following the Plan Year in which the Health or Dependent Care Expense was incurred shall be forfeited. 10.18 HIPAA Privacy. To the extent a URM is offered under the Plan, the rights and obligations of an individual covered under the URM, the Employer and Plan, with respect to permitted uses and disclosures of a covered individual's protected health information, set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) will be summarized in the SPD ARTICLE XI - CONTINUATION COVERAGE UNDER COBRA The SPD includes provisions that shall be applicable to the URM to the extent the URM is a "group health plan" as defined by Code §§ 4980B and 5000(b)(1) and the regulations promulgated thereunder and to the extent it is offered under the Plan. The intent of those provisions (as incorporated in this Article) is to extend continuation rights required by COBRA. 11 PLANDOC IN WITNFRS WHEREOF, the Employer has executed this Plan as of the date set forth below EMPLOYER'S ACKNOWLEDGMENT As evidenced by the formal execution of this document, the undersigned Employer adopted and established this Plan on the Effective Date as the Flexible Benefits Plan of the undersigned Employer In doing so, the undersigned Employer acknowledges that the Summary Plan Description ("SPD") and this Plan document are important legal instruments with significant legal and tax implications. The Employer also acknowledges read this SPD the Plan document in their entirety, consulted independent legal euiNi�yCi awv ainnvvvicuyca that it has this andan has and tax counsel other than representatives of American Family Life Assurance Company of Columbus (AFLAC), to the extent considered necessary, and accepts full responsibility for participation of Employees hereunder and the operation of the Plan The Employer acknowledges that, as sponsor and Plan Administrator, it shall have sole responsibility to comply with all filing, reporting, and disclosure requirements imposed by the DOL, IRS, or any other government agency, specifically including, but not limited to, creating and filing Form 5500s and preparing and distributing SPDs Furthermore, the Employer further acknowledges that it shall bear sole responsibility for amending the Plan as necessary to ensure compliance with applicable tax, labor, and other laws and regulations The Employer acknowledges receipt of the checklist of Plan Sponsor Responsibilities included provided in with the applicable plan document request form and has agreed to the obligations set forth therein, It is also understood and agreed that American Family Life Assurance Company of Columbus (AFLAC), and its Subsidiaries, agents, and representatives, are not providing legal or tax advice to the undersigned Employer in connection with this Plan and that no representations are made by it with respect to the operation of the Flexible Benefits Plan pursuant to the documents provided by American Family Life Assurance Company of Columbus (AFLAC) to the Employer This Plan shall be construed and enforced according to the Internal Revenue Code of 1986, as amended from time to time, the applicable regulations thereto, and the laws of the state of the principal place of business of the Employer IN WITNESS WHEREOF, the Employer has caused this Plan and Summary Plan Description to be executed on the day of 1 A 1 , e S to ratify the adoption of the Plan adopted and effective as of the Effective Date. WITNESS Corporate Officer ATTACHMENT I - SUMMARY PLAN DESCRIPTION Employer' By. C• -s• s`�.. Title Date: ' ®- ) 12 PLANDOC FLEXIBLE BENEFITS PLAN SUMMARY PLAN DESCRIPTION PLAN INFORMATION SUMMARY The Employer named below establishes a Flexible Benefits Plan (the "Plan") as set forth in this Summary Plan Description ("SPD") as of the Effective Date set forth below. The purpose of the Plan is to provide eligible Employees a choice between cash and the specified welfare benefits described in this Plan Information Summary (see "Benefits Provided Under the Plan") Pre-tax Contribution elections under the Plan are intended to qualify for the exclusion from income provided in Section 125 of the Internal Revenue Code of 1986. FLEXIBLE BENEFITS PLAN EMPLOYER INFORMATION 1) Name and Address of Employer/ Plan Administrator CITY OF YAKIMA CITY OF YAKIMA 129 N 2ND ST YAKIMA, WA 98901 The Plan Administrator has the exclusive right to interpret the Plan and to decide all matters arising under the Plan, including the right to make determinations of fact and to construe and interpret possible ambiguities, inconsistencies, or omissions in the Plan and this SPD. 2) Employer's Telephone Number: 3) Employer's Federal Tax Identification Number: 4) Plan Number Assigned to Cafeteria Plan (e.g., 501 if this is the first ERISA Plan Number assigned). 5) 125 Start Date. 6) Effective Date of this Plan: 7) Last Day of the Plan Year Subsequent Plan Years. 8) Name and Address of Plan Service Provider: 9) Name and Address of registered agent for service of legal process: 10) Affiliated Employers that will participate in the Plan (affiliates in excess of 30 are listed in Appendix 1 and are mailed (509) 575-6090 91-6001293 boa 01/01/05 01/01/05 12/31/05 01/01-12/31 CLAIMS PROCESSOR: FLEX ONE 1932 WYNNTON ROAD COLUMBUS, GA 31999 RICHARD A ZAIS *3100G09020046 SPD 11) Employer's Type of Business: OTHER ELIGIBILITY All Employees employed by the Employer shall be eligible to participate under the Plan except the following. TEMPORARY & ANYONE NOT ELIGBILE UNDER CITY HEALTH An eligible Employee may become a Participant in the Plan. Immediately, upon the first day of employment (but not prior to the Effective Date of the Plan) On the day following commencement of employment. On the first day of the month following days of employment. Other: ON THE 1ST DAY OF MONTH FOLLOWING EMPLOYMENT provided the Employee completes a Salary Redirection Agreement ("SRA"). However, eligibility for coverage under any given Benefit Plan or Policy shall be determined by the terms of that Benefit Plan of Policy, and reductions of the Employee's Compensation to pay Pre-tax or After-tax Contribution(s) shall commence when the Employee becomes covered under the applicable Benefit Plan or Policy. An eligible Employee may become a Participant in the Dependent Care and/or Medical Expense Reimbursement Plan(s) (if elected below). On the same day such Employee is eligible for the Pre -Tax Contribution benefits under the Plan. On the day following commencement of employment. On the first day of the month following days of employment. Other: OTHER, provided the Employee completes an SRA selecting such benefits BENEFITS PROVIDED UNDER THE PLAN The following Benefit Plans and Policies subject to the terms and conditions of the Plan are available for election by eligible Employees The maximum a Participant can contribute via the SRA is the maximum aggregate cost of the Benefit Plans or Policies elected minus any Nonelective Contribution made by the Employer. It is intended that such Pre-tax Contribution amounts shall, for tax purposes, constitute an Employer contribution, but may constitute Employee contributions for state insurance law purposes. Copies of the Benefit Plans or Policies (or a list of eligible Policy numbers) shall be attached as an - appendix to this Plan Medical Coverage Vision Care Coverage Disability Income - Short Term (A&S) Cancer Insurance Group Dental Coverage Group Term Life Insurance Disability Income - Long Term (LTD) Intensive Care Insurance Accident Insurance Hospital Indemnity Insurance (HIP) Specified Health Event Personal Sickness Indemnity (PSI) Medical Care Expense Reimbursement described in Appendix II to this SPD, not to exceed $ 4,800 per Plan Year pursuant to the CITY OF YAKIMA Medical Care Expense Reimbursement Plan. Dependent Care Expense Reimbursement described in Appendix II to this SPD, not to exceed $5,000 per Plan Year or $2,500 for married filing separate returns pursuant to the CITY OF YAKIMA Dependent Care Expense Reimbursement Plan. Opt -out Option' See Employer enrollment material. THE FUNDING AGENT The Employer selects the following Funding Agent for the Plan (check one): ❑ The Employer, which will comply with the requirements of Article VII of the Plan ❑ The Flexible Benefits Trust created concurrently with the execution of the Plan, which shall receive contributions under the Plan in accordance with Article VII of the Plan. ADMINISTRATIVE EXPENSES Administrative Expenses incurred in operating the Plan shall be paid by (check one): ❑ The Employer, except as otherwise noted in the Plan. ❑ The Participants, except as otherwise noted in the Plan. 2 SPD FLEXIBLE BENEFITS PLAN SUMMARY PLAN DESCRIPTION Introduction Your employer (the "Employer") is pleased to sponsor an employee benefit program known as a "Flexible Benefits Plan" (the "Plan") for you and your fellow employees. Under federal tax laws, it is also known as a "cafeteria plan". It is so called because it lets you choose from several different insurance and fringe benefit programs according to your individual needs The Employer provides you with the opportunity to use pre-tax dollars to pay for them by entering into a salary redirection arrangement instead of receiving a corresponding amount of your regular pay This arrangement helps you because the benefits you elect are nontaxable, you save Social Security and income taxes on the amount of your salary redirection Alternatively, your Employer may allow you to pay for any of the available benefits with after-tax contributions on a salary deduction basis. This Summary Plan Description ("SPD") describes the basic features of the Plan, how it operates, and how you can get the maximum advantage from it. Information relating to the Plan that is specific to your Employer is described in the Plan Information Summary attached to the front of this SPD. You will be referred to the Plan Information Summary throughout the SPD. The Plan is also established pursuant to a plan document into which this SPD has been incorporated If there is a conflict between the official plan document and the SPD, the plan document will govern. In some cases, the Employer may adopt a Medical Care and/or Dependent Care Reimbursement Plan. If so, they will be listed in the Plan Information Summary as "Benefits Provided under the Plan," and the SPD for each Reimbursement Plan adopted by the Employer will be set forth in Appendix I to this SPD To the extent that the Employer adopts a Medical Care Reimbursement Plan as indicated in the Plan Information Summary, a summary of your rights and obligations under HIPAA's privacy rules is attached.to this SPD as Appendix II. Questions & Answers about the Flexible Benefits Plan Q-1. What is the purpose of the Plan? The purpose of the Plan is to allow eligible employees to pay for certain benefits offered under the Plan (called "Benefit Plans or Policies") with pre-tax dollars called "Pre-tax Contributions" Pre-tax Contributions are described in more detail in Q-8 of this SPD. Q-2. What benefits can I purchase on a pre-tax basis through the Plan? You will be able to choose to participate in the Plan's various pre-tax options by filling out any required enrollment form(s) for the component Benefit Plans or Policies offered under the Plan. The complete list of Benefit Plans or Policies offered under the Plan is located in the Plan Information Summary under "Benefits Offered Under the Plan." NOTE: You may only contribute with Pre-tax Contributions towards the cost of Benefit Plans or Policies that cover you, your legal Spouse, and/or your tax Dependents defined under Internal Revenue Code Section 152. Each Benefit Plan or Policy may define eligible Dependents more narrowly for purposes of coverage under the particular Benefit Plan or Policy Q-3. Who can participate in the Plan? Each employee of the Employer (or an Affiliated Employer identified in the Plan Information Summary) who satisfies the eligibility requirements described in the Plan Information Summary and who is eligible to participate in any of the Benefit Plans or Policies offered under the Plan will be eligible to participate in this Plan as of the date described in the Plan Information Summary (see Q-5 of this SPD for instructions on how to become a Participant). Those employees who actually participate in the Plan are called "Participants." The terms of eligibility of this Plan do not override the terms of eligibility of each of the Benefit Plans or Policies offered under the Plan. For the details regarding eligibility provisions, benefit amounts, and premium schedules for each of the Benefit Plans or Policies, please refer to the plan summary for each of the Benefit Plans or Policies listed in the Plan Information Summary. Q-4. When does my participation in the Plan end? You continue to participate in the Plan until (i) you elect not to participate in accordance with Q-9 of this SPD; (ii) you no longer satisfy CO the eligibility requirements described in the Plan Information Summary; (iii) you terminate employment with the Employer; or (iv) the ▪ Plan is terminated or amended to exclude you or the class of employees of which you are a member. If your employment with the Employer is terminated during the Plan Year or you otherwise cease to be eligible, your active participation in the Plan will automatically cease, and you will not be able to make any more Pre-tax Contributions under the Plan If you are rehired within the same Plan Year or you become eligible again, you may make new elections, provided that you are rehired or become eligible again more than 30 days after you terminated employment or lost eligibility If you are rehired or again become eligible within 30 days or less, your prior elections will be reinstated and remain in effect for the remainder of the Plan Year unless you again lose eligibility. ▪ Q-5. How do 1 become a Participant? III MEEK *3100G09020046 You become a Participant by signing an individual Salary Redirection Agreement ("SRA") on which you elect one or more of the Benefit Plans or Policies available under the Plan, as well as agree to a salary redirection to pay for those benefits so elected. You will be provided an SRA when you first become eligible to participate in this Plan. You must complete the form and turn it in to the Personnel Office during the applicable enrollment period described in Q-6 below. 3 SPD Q-6. What are the enrollment periods for entering the Pian? If you are eligible on the effective date of the Plan, you must enroll during the enrollment period immediately preceding the effective date of the Plan Otherwise, you must enroll during either the "Initial Enrollment Period" or the "Annual Enrollment Period". You will be notified of the dates that each enrollment period begins and ends in the enrollment material provided to you prior to each enrollment period If you make an election during the Initial Enrollment Period, your participation in this Plan will begin on the later of your eligibility date described in the Plan Information Summary, the first pay period coinciding with or next following the date that your election is received by the Plan Administrator (or its designated claims administrator) or the date coverage under a Benefit Plan or policy that you elect begins. The effective date of coverage under the applicable Benefit Plan(s) or Policy(ies) is governed by the terms of each Benefit Plan or Policy, as set forth in the governing documents for each Benefit Plan or Policy. The election that you make during the Initial Enrollment Period is effective for the remainder of the Plan Year and generally cannot be revoked during the Plan Year unless you have a Change in Status event as described in Q-9 below. If you do not make an election during the Initial Enrollment Period, you will be deemed to have elected not to participate in this Plan for the remainder of the Plan Year. You may, however, be covered by certain Benefit Plans or Policies automatically (and be required to contribute with pre-tax dollars) even if you fail to make an election These automatic Benefit Plans or Policies are called "Default Benefits" and will be identified in the enrollment material that you receive. The election that you make during the Annual Enrollment Period is effective the first day of the next Plan Year and is irrevocable for the entire Plan Year unless you have a Change in Status event described in Q-9 below A Participant who fails to complete, sign, and file an SRA during the Annual Enrollment Period as required shall be deemed to have elected to continue participation in the Plan with the same benefit elections as during the prior Plan Year (adjusted to reflect any increase/decrease in applicable premiums), and except for a Change in Status, will not be permitted to modify his election until the next Annual Enrollment Period Notwithstanding the foregoing, annual elections for participation in the Medical Care and Dependent Care Expense Reimbursement Plans, if offered under the Plan, must be made by submitting an SRA prior to the beginning of each Plan Year -- no deemed elections shall occur with respect to such benefits. The Plan Year is generally a 12 -month period (except during the initial or last Plan Year of the Plan). The beginning and ending dates of the Plan Year are described in the Plan Information Summary. Q-7. What tax advantages are available through the Plan? Suppose your monthly gross pay is $2,500 per month and your cost for coverage is $140 per month. Also, suppose your total withholdings (income tax and Social Security) are 22.65%. After paying for coverage from your after-tax pay, your take home pay is $1,794. However, under the pre-tax premium plan, you will be considered to have received $2,360 gross pay rather than $2,500 for tax purposes with $140 contributed for medical coverage. This means your take home pay will be $1,825 with the pre-tax premium plan rather than $1,794 without it. Thus, you save $31 per month ($372 per year) by participating in the pre-tax premium plan The Table below illustrates this savings. With Cafeteria Plan Without Cafeteria Plan Gross Monthly Pay $2,500 $2,500 Pre -Tax Coverage Under Plan 140 Taxable Income 2.360 2.500 Estimated Federal Tax (15%) 354 375 FICA Tax 181 191 After-tax Coverage 140 Take Home Pay 1,825 1,794 Monthly Savings: $31.00 Q-8. How are my contributions under the Benefit Plans or Policies made? When you become a Participant, your share of the contributions for the elected Benefit Plan or Policy(ies) will be paid with Pre-tax Contributions elected on the SRA. Pre-tax Contributions are amounts withheld from your gross income before any applicable federal and state taxes have been deducted (some state tax laws do not recognize Pre-tax Contributions). In addition, all or a portion of the cost of the Benefit Plans or Policies may, in the Employer's discretion, be paid with contributions made by the Employer on behalf of each Participant (these are called "Nonelective Contributions") The amount of Nonelective Contribution that is applied towards the cost of the Benefit Plan(s) or Policy(ies) for each Participant and/or level of coverage is subject to the sole discretion of the Employer, and it may be adjusted upward or downward in the Employer's sole discretion The Nonelective Contribution amount will be calculated for each Plan Year in a uniform and nondiscriminatory manner and may be based upon your Dependent status, commencement or termination date of your employment during the Plan Year, and such other factors that the Employer deems relevant. In no event will any Nonelective Contribution be disbursed to you in the form of additional, taxable Compensation except as otherwise provided in the enrollment material. To the extent set forth in the enrollment material, the Employer may make available a certain amount of Nonelective Contributions and then allow you to allocate the Nonelective Contributions among the various Benefit Plan(s) or Policy(ies) that you choose (subject to restrictions described in the enrollment material) 4 SPD "3100G09020046 Q-9. Can I ever change my election during the Plan Year? Generally, you cannot change your election to participate in the Plan or vary the Pre-tax Contribution amounts although your election will terminate if you are no longer working for the Employer or no longer eligible under the terms of the Plan Otherwise, you may change your elections for Pre -Tax Contributions only during the Annual Enrollment Period, and then, only for the coming Plan Year. There are several important exceptions to this general rule: You may change or revoke your previous election during the Plan Year if you file a written request for change with the Plan Administrator (or its designated claims administrator) within 30 days of any of the following events: 1. Change in Status. If one or more of the following "Changes in Status" occur, you may revoke your old election and make a new election, provided that both the revocation and new election are on account of and correspond with the Change in Status (as described below). Those occurrences that qualify as a Change in Status include the events described below, as well as any other events that the Plan Administrator determines are permitted under subsequent IRS regulations: • a change in your legal marital status (such as marriage, legal separation, annulment, or divorce or death of your Spouse), • a change in the number of your tax Dependents (such as the birth of a child, adoption or placement for adoption of a Dependent, or death of a Dependent), any of the following events that change the employment status of you, your Spouse, or your Dependent that affect benefit eligibility under a cafeteria plan (including this Plan and the Plan of another employer) or other employee benefit plan of yours, your Spouse, or your Dependents Such events include any of the following changes in employment status: termination or commencement of employment, a strike or lockout, a commencement of or return from an unpaid leave of absence, a change in worksite, switching from salaried to hourly -paid, union to non-union, or part-time to full-time, incurring a reduction or increase in hours of employment; or any other similar change which makes the individual become (or cease to be) eligible for a particular employee benefit (NOTE: The specific rules governing election changes when you take a leave of absence are described in Q-13 of this SPD); an event that causes your Dependent to satisfy or cease to satisfy an eligibility requirement for a particular benefit (such as attaining a specified age, getting married, or ceasing to be a student); a change in your, your Spouse's or your Dependent's place of residence. If a Change in Status occurs and you want to make a corresponding election change, you must inform the Plan Administrator and complete a new election within 30 days from the date of the event. The election change must be on account of and correspond with the Change in Status event as determined by the Plan Administrator. With the exception of special enrollment resulting from birth, placement for adoption or adoption, all election changes are prospective. As a general rule, a desired election change will be found to be consistent with a Change in Status event if the event affects eligibility for coverage. A Change in Status affects eligibility for coverage if it results in an increase or decrease in the number of Dependents who may benefit under the plan. In addition, you must also satisfy the following specific requirements in order to alter your election based on that Change in Status: Loss of Dependent Eligibility. For accident and health benefits (e.g., health, dental and vision coverage, and Medical Care Reimbursement Plan), a special rule governs which types of election changes are consistent with the Change in Status. For a Change in Status involving your divorce, annulment or legal separation from your Spouse, the death of your Spouse or your Dependent, or your Dependent ceasing to satisfy the eligibility requirements for coverage, your election to cancel accident or health benefits for any individual other than your Spouse involved in the divorce, annulment, or legal separation, your deceased Spouse or Dependent, or your Dependent that ceased to satisfy the eligibility requirements, would fail to correspond with that Change in Status. Hence, you may only cancel accident or health coverage for the affected Spouse or Dependent. Example: Employee Mike is married to Sharon, and they have one child. The employer offers a calendar year cafeteria plan that allows employees to elect no health coverage, employee -only coverage, employee -plus -one -Dependent coverage, or family coverage. Before the plan year, Mike elects family coverage for himself, his wife Sharon, and their child. Mike and Sharon subsequently divorce during the plan year; Sharon loses eligibility for coverage under the plan, while the child is still eligible for coverage under the plan. Mike now wishes to cancel his previous election and elect no health coverage. The divorce between Mike and Sharon constitutes a Change in Status. An election to cancel coverage for Sharon is consistent with this Change in Status. However, an election to cancel coverage for Mike and/or the child is not consistent with this Change in Status. In contrast, an election to change to employee -plus -one -Dependent coverage would be consistent with this Change in Status. However, there are instances in which you may be able to increase your Pre-tax Contributions to pay for COBRA coverage of a Dependent child or yourself. 5 SPD • Gain of Coverage Eligibility Under Another Employer's Plan. For a Change in Status in which you, your Spouse, or your Dependent gain eligibility for coverage under another employer's cafeteria plan (or Benefit Plan or Policy) as a result of a change in your marital status or a change in your, your Spouse's, or your Dependent's employment status, your election to cease or decrease coverage for that individual under the Plan would correspond with that Change in Status only if coverage for that individual becomes effective or is increased under the other employer's plan. • Dependent Care Reimbursement Plan Benefits (if offered under the Plan. See the list of Benefit Plans or Policies offered under the Plan in the Plan Information Summary). With respect to the Dependent Care Reimbursement Plan benefit (if offered by the Plan), you may change or terminate your election only if (1) such change or termination is made on account of and corresponds with a Change in Status that affects eligibility for coverage under the Plan; or(2) your election change is on account of and corresponds with a Change in Status that affects the eligibility of Dependent care assistance expenses for the available tax exclusion Example: Employee Mike is married to Sharon, and they have a 12 year-old daughter. The employer's plan offers a Dependent care expense reimbursement program as part of its cafeteria plan. Mike elects to reduce his salary by $2,000 during a plan year to fund Dependent care coverage for his daughter In the middle of the plan year when the daughter turns 13 years old, however, she is no longer eligible to participate in the Dependent care program. This event constitutes a Change in Status Mike's election to cancel coverage under the Dependent care program would be consistent with this Change in Status. Group Term Life Insurance, Disability Income, or Dismemberment Benefits (if offered under the Plan. See the list of Benefit Plans or Policies offered under the Plan in the Plan Information Summary). For group term life insurance, disability income, and accidental death and dismemberment benefits, if you experience any Change in Status (as described above), you may elect either to increase or decrease coverage. Example: Employee Mike is married to Sharon, and they have one child. The employer's plan offers a cafeteria plan which funds group -term life insurance coverage (and other benefits) through salary reduction Before the plan year Mike elects $10,000 of group -term life insurance. Mike and Sharon subsequently divorce during the plan year The divorce constitutes a Change in Status. An election by Mike either to increase or to decrease his group -term life insurance coverage would each be consistent with this Change in Status. 2. Special Enrollment Rights. If you, your Spouse, and/or a Dependent are entitled to special enrollment rights under a Benefit Plan or Policy that is a group health plan, you may change your election to correspond with the special enrollment right. Thus, for example, if you declined enrollment in medical coverage for yourself or your eligible Dependents because of outside medical coverage and eligibility for such coverage is subsequently lost due to certain reasons (i.e., due to legal separation, divorce, death, termination of employment, reduction in hours, or exhaustion of COBRA period), you may be able to elect medical coverage under the Plan for yourself and your eligible Dependents who lost such coverage. Furthermore, if you have a new Dependent as a result of marriage, birth, adoption, or placement for adoption, you may also be able to enroll yourself, your Spouse, and your newly acquired Dependents, provided that you request enrollment within the Election Change Period An election change that corresponds with a special enrollment must be prospective, unless the special enrollment is attributable to the birth, adoption, or placement for adoption of a child, which may be retroactive up to 30 days Please refer to the group health plan description for an explanation of special enrollment rights. 3 Certain Judgments, Decrees and Orders If a judgment, decree or order from a divorce, separation, annulment, or custody change requires your Dependent child (including a foster child who is your tax Dependent) to be covered under this Plan, you may change your election to provide coverage for the Dependent child identified in the order. If the order requires that another individual (such as your former Spouse) cover the Dependent child, and such coverage is actually provided, you may change your election to revoke coverage for the Dependent child 4. Entitlement to Medicare or Medicaid. If you, your Spouse, or a Dependent becomes entitled to Medicare or Medicaid, you may cancel that person's accident or health coverage. Similarly, if you, your Spouse, or a Dependent who has been entitled to Medicare or Medicaid loses eligibility for such, you may, subject to the terms of the underlying plan, elect to begin or increase that person's accident or health coverage. 5. Change in Cost. If you are notified that the cost of your Benefit Plan or Policy coverage under the Plan significantly increases or decreases during the Plan Year, you may make certain election changes. If the cost significantly increases, you may choose either to make an increase in your contributions, revoke your election and receive coverage under another Benefit Plan or Policy that provides similar coverage, or drop coverage altogether if no similar coverage exists. If the cost significantly decreases, you may revoke your election and elect to receive coverage provided under the option that decreased in cost. For insignificant increases or decreases in the cost of Benefit Plans or Policies, however, your Pre-tax Contributions will automatically be adjusted to reflect the minor change in cost. The Plan Administrator will have final authority to determine whether the requirements of this section are met. (Please note that none of the above "Change in Cost" exceptions are applicable to a Medical Care Reimbursement Plan, to the extent offered under the Plan ) Example: Employee Mike is covered under an indemnity option of his employer's accident and health insurance coverage If the cost of this option significantly increases during a period of coverage, the Employee may make a corresponding increase in his payments or may instead revoke his election and elect coverage under an HMO option. 6 SPD 6. Change in Coverage. If you are notified that your Benefit Plan or Policy coverage under the Plan is significantly curtailed, you may revoke your election and elect coverage under another Benefit Plan or Policy that provides similar coverage. If the significant curtailment amounts to a complete loss of coverage, you may also drop coverage if no other similar coverage is available. Further, if the Plan adds or significantly improves a benefit option during the Plan Year, you may revoke your election and elect to receive on a prospective basis coverage provided by the newly added or significantly improved option, so long as the newly added or significantly improved option provides similar coverage. Also, you may make an election change that is on account of and corresponds with a change made under another employer plan (including a plan of the Employer or another employer), so long as: (a) the other employer plan permits its participants to make an election change permitted under the IRS regulations, or (b) the Plan Year for this Plan is different from the Plan Year of the other employer plan. Finally, you may change your election to add coverage under this Plan for yourself, your Spouse, or your Dependent if such individual(s) loses coverage under any group health coverage sponsored by a governmental or educational institution. The Plan Administrator will have final discretion to determine whether the requirements of this section are met. (Please note that none of the above "Change in Coverage" exceptions are applicable to the Medical Care Reimbursement Plan, to the extent offered under the Plan.) Additionally, your election(s), may be modified downward during the Plan Year if you are a Key Employee or Highly Compensated Individual (as defined by the Internal Revenue Code), if necessary to prevent the Plan from becoming discriminatory within the meaning of the federal income tax law. Q-10. How long will the Plan remain in effect? Although the Employer expects to maintain the Plan indefinitely, it has the right to modify or terminate the program at any time for any reason It is also possible that future changes in state or federal tax laws may require that the Plan be amended accordingly. Q-11. What happens if my claim for benefits under this Plan is denied? This SPD describes the basic features of the Plan If your claim is for a benefit under one of the component Benefit Plans or Policies, you will generally proceed under the claims procedures applicable under the component Benefit Plan or Policy (see the plan summary for each of the Benefit Plans or Policies that you elect). However, if you are denied a benefit under this Plan, the claims procedure under this Plan will apply. You will be notified if your claim under the Plan is denied. The notice of denial will be furnished to you within 30 days after receiving your claim. However, if additional time is needed to process your claim you wilt be notified before the initial 30 -day period has expired. The notice will explain why an extension is necessary and the date a decision is expected to be rendered. In no event will an extension go beyond 15 days after the end of the initial 30 -day period. The notice of the denial will include the specific reasons for the denial and the relevant plan provisions on which the denial was based. If your claim is denied in whole or in part, you may appeal by requesting a review of the denied claim, as set forth in the notice of denial, within 180 days after you receive notice of the denial. If there are two levels of appeal (as indicated in the notice of denial), you will have a reasonable amount of time in which to request a second review and such time period will be identified in the notice of denial As part of the appeal process (whether there is one or two appeals), you or your authorized representative may examine documents, records, and other information relevant to your claim and submit issues, documents and comments in writing. Within 60 days after the request for review is received, you will be notified in writing of the decision on review. The notice of denial will indicate whether there are one or two levels of appeals and will contain the same type of information provided to you in the first notice of denial. If there are two levels of Plan appeals, the decisions on appeal will be made within 30 days after the request for each review is received. The Plan Administrator is the claims fiduciary for making the final decision under the plan. In the event of your death, your beneficiary has the same rights and is subject to the same time limits and other restrictions that would otherwise apply to you under the claims procedures explained above. Q-12. What effect will Plan participation have on Social Security and other benefits? Plan participation will reduce the amount of your taxable compensation Accordingly, there could be a decrease in your Social Security benefits and/or other benefits (e.g., pension, disability and life insurance) that are based on taxable compensation. Q-13. What happens if I take a leave of absence? v *3100G09020046 (a) If you go on a qualifying unpaid leave under the Family and Medical Leave Act of 1993 (FMLA), to the extent required by the FMLA, the Employer will continue to maintain your Benefit Plans or Policies providing health coverage on the same terms and conditions as though you were still active (e.g., the Employer will continue to pay its share of the contribution to the extent you opt to continue coverage). (b) Your Employer may elect to continue all coverage for Participants while they are on paid leave (provided Participants on non-FMLA paid leave are required to continue coverage). If so, you will pay your share of the contributions by the method normally used during any paid leave (for example, with Pre-tax Contributions if that is what was used before the FMLA leave began) 7 SPD (c) In the event of unpaid FMLA leave (or paid leave where coverage is not required to be continued), if you opt to continue your group health coverage, you may pay your share of the contribution with after-tax dollars while on leave, or you may be given the option to pre -pay all or a portion of your share of the contribution for the expected duration of the leave with Pre-tax Contributions from your pre -leave compensation by making a special election to that effect before the date such compensation would normally be made available to you provided, however, that pre -payments of Pre-tax Contributions may not be utilized to fund coverage during the next Plan Year, or by other arrangements agreed upon between you and the Plan Administrator (for example, the Plan Administrator may fund coverage during the leave and withhold amounts from your compensation upon your return from leave). The payment options provided by the Employer will be established in accordance with Code Section 125, FMLA and the Employer's internal policies and procedures regarding leaves of absence. Alternatively, the Employer may require all Participants to continue coverage during the leave If so, you may elect to discontinue your share of the required contributions until you return from leave. Upon return from leave, you will be required to repay the contribution not paid during the leave in a manner agreed upon with the Administrator. (d) If your coverage ceases while on FMLA leave (e.g., for non-payment of required contributions), you will be permitted to re-enter the Plan upon return from such leave on the same basis as you were participating in the Plan prior to the leave, or as otherwise required by the FMLA. Your coverage under the Benefit Plans or Policies providing health coverage may be automatically reinstated provided that coverage for Employees on non-FMLA leave is automatically reinstated upon return from leave. (e) The Employer may, on a uniform and consistent basis, continue your group health coverage for the duration of the leave following your failure to pay the required contribution. Upon return from leave, you will be required to repay the contribution in a manner agreed upon by you and Employer. (f) (9) If you are commencing or returning from unpaid FMLA leave, your election under this Plan for Benefit Plans or Policies providing non -health benefits shall be treated in the same manner that elections for non -health Benefit Plans or Policies are treated with respect to Participants commencing and returning from unpaid non-FMLA leave If you go on an unpaid non-FMLA leave of absence (e.g., personal leave, sick leave, etc.) that does not affect eligibility in this Plan or a Benefit Plan or Policy offered under this plan, then you will continue to participate and the contribution due will be paid by pre -payment before going on leave, by after-tax contributions while on leave, or with catch-up contributions after the leave ends, as may be determined by the Administrator. If you go on an unpaid leave that affects eligibility under this Plan or a Benefit Plan or Policy, the election change rules in Q-9 of this SPD will apply. The Plan Administrator will have discretion to determine whether taking an unpaid non-FMLA leave of absence affects eligibility Q-14. Is there any other information that I should know about the Plan? Participation in the Plan does not give any Participant the right to be retained in the employ of his or her Employer or any other right not specified in the Plan. The Plan Administrator's name, address and telephone number appear in the Plan Information Summary attached to the front of this SPD The Plan Administrator has the exclusive right to interpret the Plan and to decide all matters arising under the Plan, including the right to make determinations of fact, and construe and interpret possible ambiguities, inconsistencies, or omissions in the Plan and this SPD. Other important information such as the Plan Number and Plan Sponsor's name and address has also been provided in the Plan Information Summary. 8 SPD *3100G09020046 APPENDIX I TO THE FLEXIBLE BENEFITS PLAN SUMMARY PLAN DESCRIPTION Medical Care and Dependent Care Reimbursement Plan Summary Plan Description To the extent elected by the Employer (indicated in the Plan Information Summary attached to this SPD), you will have the opportunity to elect to receive income tax-free reimbursement for some or all of your unreimbursed medical expenses under the Medical Care Reimbursement Plan ("URM") and/or some or all of your work-related Dependent care expenses under the Dependent Care Reimbursement Plan ("DDC") (collectively, the "Reimbursement Plans"). Under the URM and DDC, you purchase a specific level of reimbursement benefits and you provide a source of pre-tax funds to reimburse yourself for your Eligible Expenses. For both, you pay for coverage through the Salary Redirection Agreement ("SRA") with the Employer, in lieu of receiving a corresponding amount of current pay, which means the premiums you pay will be with pre-tax funds. This arrangement helps you because the level of coverage you elect is nontaxable, and you save Social Security and income taxes on the amount of your salary conversion. By enrolling in either the URM or DDC option and submitting reimbursement claims you specifically authorize the Plan, AFLAC® and AFLAC Administrative Services/FLEX ONE®, and their respective agents, employees, sub -contractors, and assigns to use your personal health information in their possession to administer the Plan (including the evaluation of eligibility for reimbursement under the Plan) and to detect or prevent fraud or misrepresentation, and to further disclose such information as is reasonably required for those purposes You further authorize any provider, insurer, or other entity to release any health or treatment information for the purpose of determining eligibility for Plan benefits or for detecting or preventing fraud or misrepresentation You further waive and release any claims related to the use, disclosure, or release of such information so long as the information is used in furtherance of administering the Plan (including processing or evaluating a claim for benefits under the Plan) or to detect or prevent fraud or misrepresentation. This authorization does not and is not intended to in any way limit any right the Plan, AFLAC and AFLAC Administrative Services/FLEX ONE®, or their respective agents, employees, sub -contractors, and assigns may have under applicable state or federal law or regulation regarding the use of such information. General Questions and Answers Q-1. Who can participate in the URM and/or DDC? Each employee who satisfies the eligibility requirements described in the Plan Information Summary is eligible to participate in the Reimbursement Plans as of the eligibility date described in the Plan Information Summary. Q-2. How do I become a Participant? You become a Participant by electing URM and/or DDC benefits during the Initial or Annual Enrollment Periods. (The Initial and Annual Enrollment Periods are described in Q-6 of the Flexible Benefits Plan SPD.) Your participation in the URM or DDC will be effective on the date that you make an election to participate or the eligibility date described in the Plan Information Summary, whichever is later. You may not change your election (either to participate or not to participate) during the Plan Year unless you experience an event described in Q-9 of the Flexible Benefits Plan SPD Once you become a Participant in the URM, you may also receive reimbursements for Eligible Medical Expenses incurred by your "Eligible Dependents". For purposes of the URM, Eligible Dependents include your legal Spouse (as determined by state law to the extent consistent with the federal Defense of Marriage Act) and any other individuals who would qualify as a tax Dependent under Code Section 152 for purposes of your federal income tax return. If the Plan Administrator receives a qualified medical child support order relating to the URM, the URM will provide the health benefit coverage specified in the order to the person or persons ("alternate recipients") named in the order. "Alternate recipients" include any child of the participant who the Plan is required to cover pursuant to a qualified medical child support order A "qualified medical child support order" is a legal judgment, decree or order relating to medical child support that clearly specifies the type of coverage that is to be provided to one or more alternate recipients (or the manner in which such type of coverage is to be provided). Before providing any coverage to an alternate recipient, the Plan Administrator must determine whether the medical child support order is qualified. If the Plan Administrator receives a medical child support order relating to your Health Care Account (See Q-3 below), it will notify you in writing, and after receiving the order, it will inform you of its determination of whether or not the order is qualified. Upon request to the Plan Administrator, you may obtain, without charge, a copy of the Plan's procedures governing qualified medical child support orders. Q-3. What are my "URM Account" and my "DDC Account"? If you elect benefits under this portion of the Plan, a non-interest bearing account will be established under each Plan to keep a record of the reimbursements you are entitled to under each Plan, as well as the contributions you have made for such benefits during the Plan Year No actual accounts are established; they are merely bookkeeping accounts. Q-4. When does coverage under the URM and/or DDC end? You continue to participate in the URM and/or DDC until (i) you elect not to participate in accordance with Q-9 of Flexible Benefits Plan SPD; (ii) the end of the Plan Year unless you make an election during the annual election period; (iii) you no longer satisfy g SPD the eligibility requirements described in the Plan Information Summary; (iv) you terminate employment with the employer; or (v) the Plan is terminated or amended to exclude you or the class of eligible employees of which you are a member are specifically excluded from the Plan. You are not eligible to receive reimbursement for otherwise Eligible Medical Expenses incurred during the Plan Year after you cease to be eligible unless you elect COBRA continuation coverage (as described below in Q-19 of this Appendix), provided you are eligible to elect COBRA. However, you will be eligible to receive reimbursement under the DDC for Eligible Employment -Related Expenses (as defined in Q-9 below) incurred during the plan year but after you cease to be eligible up to your account balance as of the date you cease to be eligible Coverage under the URM for your Eligible Dependents ends on earliest of the following to occur (i) your coverage ends; (ii) the individual ceases to be an Eligible Dependent (e.g divorce or legal separation from the spouse); or (iii) the Plan is terminated or amended to exclude individual or the class of individuals of which the individual is a member (spouse or dependent child) from coverage under the URM. Your Spouse and/or your Dependent children may also be entitled to COBRA continuation coverage if coverage is lost for certain reasons. See Q-19 of this Appendix for more information on COBRA. Q-5. What happens to my URM Account and/or DDC Account if I take an approved leave of absence? Generally, the rules described in Q-13 of your Flexible Benefits Plan SPD apply. However, if your URM coverage ceases during your FMLA leave, you will be entitled to elect whether to be reinstated in the URM at the same coverage level in effect before the FMLA leave (with increased contributions for the remaining period of coverage) or at a URM reimbursement level that is reduced pro -rata for the period of FMLA leave during which you did not make any contributions. Under either scenario, expenses incurred during the period that your URM coverage was not in effect are not eligible for reimbursement under this URM Q-6. What is the maximum URM and/or DDC benefit I may elect? For URM, you may choose any amount of annual reimbursement you desire subject to the maximum reimbursement amount set forth in the Employer Information Section of the Plan Information Summary. For DDC, this is set forth in the Employer Information Section, however, this amount cannot exceed the maximum amount specified in Section 129 of the Internal Revenue Code. The maximum amount is currently $5,000 per Plan Year if you - • are married and file a joint return; or • are married, but you furnish more than one-half the cost of maintaining those Dependents for whom you are eligible to receive tax-free reimbursements under the DDC, your Spouse maintains a separate residence for the last 6 months of the calendar year, and you file a separate tax return; or • are single, or a head of household for tax purposes. If you are married and reside together but file a separate federal income tax return, the maximum DDC benefit you may elect is $2,500. You will be required to pay the annual contribution equal to the coverage level you have chosen. Q-7. How is my Medical Care and/or Dependent Care Expense Reimbursement benefit paid for and what amounts will be available at any particular time during the Plan Year? For URM and DDC, when you complete the SRA, you specify the amount of Medical Care and or Dependent Care Expense Reimbursement(s) you wish to pay for with your Pre-tax Contributions. Thereafter, you must make a contribution for such coverage by having an equal portion of the annual reimbursement amount deducted from each paycheck. Your employer will distribute benefit payments from its general assets. For URM Benefits, the full amount of the coverage you have elected, reduced by the amount of prior reimbursements received during the Plan Year, will be available to reimburse you for your out-of-pocket medical expenses incurred at any time during the Plan Year and while you are a Participant. For DDC Benefits, the amount that is available for reimbursement at any particular time will be whatever has been credited to your Dependent Care Account less any reimbursements already paid Q-8. How do I receive reimbursement under the Plan? If you elect to participate in URM or DDC, you will have to take certain steps to be reimbursed for your Eligible Medical and/or Eligible Employment -Related Expenses (as defined in Q-9 below). When you incur an expense that is eligible for payment, you submit a request to the Plan's Administrator on a Request for Reimbursement form that will be supplied to you. For URM and DDC, you must include written statement(s)/bill(s) from an independent third party(ies) stating that the eligible expenses have been incurred, and the amount of such expense(s) along with the Request for Reimbursement form. In addition, you must include for URM claims an Explanation of Benefits (EOB) form(s) from any primary medical and/or dental insurance carrier(s) indicating the amount(s) that you are obligated to pay. 10 SPD *3100G09020046 For DDC, if your reimbursement request is for an amount that is more than your current Account balance, the excess part of the reimbursement will be carried over into following months, to be paid out as your balance becomes adequate. Remember, though, that you can't be reimbursed for any total Dependent Care expenses above your available, annual credits to your Account. With respect to either DDC or URM benefits, you may not be reimbursed for any expenses that arise before your SRA becomes effective, or for any expense incurred after the close of the Plan Year. To have your Request for Reimbursements processed as soon as possible, please read the reimbursement instructions on the back of the Request for Reimbursement form you have been furnished Please note that it is not necessary that you have actually paid an amount due for Eligible Medical and/or Eligible Employment -Related Expenses -- only that you have incurred the expense, and that it is not being paid for or reimbursed from any other source. In addition, you will have 90 days after the end of the Plan Year in which to submit a Request for Reimbursement form for Eligible Expenses incurred during the previous Plan Year You will be notified in writing if any Request for Reimbursement is denied. Q-9. What is an "Eligible Expense?" For URM, an "Eligible Expense" generally means any item for "medical care as defined by Code Section 213(d) for which you have not received reimbursement and will not seek reimbursement from insurance, or some other source and for which you will not or have not taken a deduction under Code Section 213. "Medical Care" means amounts for diagnosis, treatment or prevention of a specific medical condition or to affect a function or structure of the body Expenses solely for general well-being are not "medical care" expenses. Premiums for accident or health insurance and expenses for qualified long term care services are not Eligible Medical Expenses for purposes of this Plan. For DDC, you may be reimbursed for work-related expenses ("Eligible Employment -Related Expenses") incurred on behalf of any Qualifying Individual described below. Generally, these expenses must meet all of the following conditions for them to be Eligible Employment -Related Expenses• • The expenses are incurred for services rendered after the date of your election to receive Dependent Care Expense Reimbursement, and during the calendar year to which it applies. • Services are incurred for a Qualifying Individual A Qualifying Individual is 1. a Dependent under age 13 for whom you are entitled to a personal tax exemption as a Dependent, or 2. a Spouse or other tax Dependent who is physically or mentally incapable of caring for himself or herself. • The expenses are incurred for the care of a Dependent (as described above), or for related household services, and are incurred to enable you to be gainfully employed. • If the expenses are incurred for services outside your household and such expenses are incurred for the care of a Dependent who is age 13 or older, such Dependent regularly spends at least 8 hours per day in your home. • If the expenses are incurred for services provided by a Dependent care center (i e., a facility that provides care for more than 6 individuals not residing at the facility), the center must comply with all applicable state and local laws and regulations • The expenses are not paid or payable to a child of yours who is under age 19 at the end of the year in which the expenses are incurred or an individual for whom you or your Spouse is entitled to a personal tax exemption as a Dependent. • This reimbursement (when aggregated with all other Dependent Care Reimbursements during the same year) may not exceed the least of the following limits: 1 $5,000 2. $2,500, if you are married but you and your Spouse file separate tax returns. 3. Your taxable compensation (after your Pre-tax Contributions have been deducted under the Plan). 4. If you are married, your Spouse's actual or deemed Earned Income. For purposes of (4.) above, your Spouse will be deemed to have Earned Income of $250 ($500 if you have two or more Dependents described in paragraph 2 above), for each month in which your Spouse is (i) physically or mentally incapable of caring for himself or herself or (ii) a full-time Student. You are encouraged to consult your personal tax advisor or IRS Publication 17 "Your Federal Income Tax" for further guidance as to what is or is not an Eligible Expense if you have any doubts. Q-10. When must the expenses be incurred? Eligible Medical and Employment -Related Expenses must have been incurred during the Plan Year. You may not be reimbursed for any expenses arising before the Plan became effective, before your SRA becomes effective, or for any expenses incurred after the close of the Plan Year, or, except for Continuation Coverage and certain Eligible Employment -Related Expenses, after a separation 11 SPD from service. You may be reimbursed for Eligible Employment -Related Expenses that are incurred after a separation from service up to your account balance on the date of separation from service. In addition, IRS regulations require that service or treatment be actually rendered prior to the time that the expense is reimbursed. Therefore, even if your doctor requires that an expense be paid in advance, you cannot be reimbursed until the service relating to the expense has been rendered. In order to ensure compliance with this IRS requirement, you (and/or your doctor) may be required to submit additional substantiation (such as a proposed treatment plan) with respect to certain long-term treatments (e.g., orthodontic or obstetric expenses) Failure to submit the required forms could result in your reimbursement being pended and/or denied Q-11. What if the Eligible Medical or Eligible Employment -Related Expenses I incur during the Plan Year are less than. the annual amount I have elected for Medical Care and/or Dependent Care Expense Reimbursement? You will not be entitled to receive any direct or indirect payment of any amount that represents the difference between the actual Eligible Expenses you have incurred, on the one hand, and the annual coverage level you have elected and paid for, on the other. This is called the "Use -It -or -Lose -It" Rule. Any amount allocated to an Account shall be forfeited by the Participant and restored to the Employer if it has not been applied to provide the elected benefit for any Plan Year by the ninetieth (90th) day following the end of the Plan Year for which the election was effective. Amounts so forfeited shall be used to offset administrative expenses and future costs. Q-12. Will I be taxed on the DDC benefits I receive? You will not normally be taxed on your DDC benefits, up to the limits set out in Q-4 However, to qualify for tax-free treatment, you will be required to list the names and taxpayer identification numbers on your annual tax return of any persons who provided you with Dependent care services during the calendar year for which you have claimed a tax-free reimbursement. Q-13. What is the household and Dependent care credit? The household and dependent care credit is an allowance for a percentage of your annual, Eligible Employment -Related Expenses as a credit against your federal income tax liability under the U.S. Tax Code. In determining what the tax credit would be, you may take into account only $3,000 of such expenses for one Qualifying Individual, or $6,000 for two or more Qualifying Individuals. Depending on your adjusted gross income, the percentage could be as much as 35% of your Eligible Employment -Related Expenses (to a maximum credit amount of $1050 for one Qualifying Individual or $2100 for two or more Qualifying Individuals) to a minimum of 20% of such expenses. The maximum 35% rate must be reduced by 1% (but not below 20%) for each $2,000 portion (or any fraction of $2,000) of your adjusted gross income over $15,000 Illustration: Assume you have one Qualifying Individual for whom you have incurred Eligible Employment -Related Expenses of $3,600, and that your adjusted gross income is $21,000. Since only one Qualifying Individual is involved, the credit will be calculated by applying the appropriate percentage to the first $3,000 of expenses. The percentage is, in turn, arrived at by subtracting one percentage point from 35% for each $2,000 of your adjusted gross income over $15,000. The calculation is: 35% -- [($21,000 - 15,000)/$2,000 X 1%] = 32%. Thus, your tax credit would be $3,000 X 32% = $960. If you had incurred the same expenses for two or more Qualifying Individuals, your credit would have been $3,600 X 32% = $1152, because the entire $3,600 expense would have been taken into account, not just the first $3,000. Q-14. If I participate in the DDC, will I still be able to claim the household and Dependent care credit on my federal income tax return? You may not claim any other tax benefit for the tax-free amounts received by you under this Plan, although the balance of your qualified Dependent care expenses may be eligible for the Dependent care credit. Q-15. When would I be better off to include the reimbursements in my income and claim the credit, rather than to treat the reimbursements as tax-free? Generally, if you are in a lower income tax bracket, you may come out ahead by including the DDC benefits in income, and claiming the credits for Dependent care. On the other hand, it will generally be better to treat DDC benefits as tax-free the more income taxes you are required to pay. Because the actual determination of the preferable method for treating benefit payments depends on a number of factors such as one's tax filing status (e.g., married, single, head of household), number of Dependents, etc., each Participant will have to determine his or her tax position individually in order to make the decision between taxable and tax-free benefits. Q-16. What happens to unclaimed Reimbursements? Any Reimbursement Account benefit payments that are unclaimed (e.g., uncashed benefit checks) by the close of the Plan Year following the Plan Year in which the Eligible Medical and/or Employment -Related Expense was incurred shall be forfeited. 12 SPD Q-17. What happens if a Claim for Benefits under the URM or DDC is denied? You will be notified if your claim under the Plan is denied. The notice will be furnished to you as soon as reasonably possible but no later than 30 days after the Plan Administrator (or its designated claims administrator identified in the reimbursement form) receives your claim. However, if for reasons beyond the control of the claims reviewer, more time for processing your claim is needed, the applicable claims reviewer may take an extension of not more than 15 days following the end of the 30 -day period. You will be notified of this extension before the initial 30 days has expired, and the notice will explain why an extension is necessary and the date a decision is expected to be rendered If the reason for the extension is because you failed to submit complete information necessary to decide the claim, you will have 45 days from the notice of the extension in which to provide the information. The time period for making a decision will be suspended until the earlier of the date that you submit the necessary information or the end of the 45 -day period The notice of the denial will include the following. • the specific reason or reasons for the denial; • specific reference to pertinent Plan provisions on which the denial is based; • a description of any additional material or information necessary for the claim to be approved and an explanation of why such material or information is necessary; • instructions on how to appeal the denied claim (including the applicable time periods) and the identity of the individual(s) who will review the denied claim, and • Any other information required by applicable law If your claim is denied in whole or in part, you may appeal by requesting a review of the denied claim. Your request must be in writing and must be submitted in accordance with the instructions set forth in the denial notice within 180 days after you receive notice of the denial. If there are two levels of appeal, you will have a reasonable amount of time described in the notice of denial in which to request a second review by the Plan Administrator. As part of the appeal process (whether there is one or two appeals), you or your authorized representative may examine documents, records, and other information relevant to your claim and submit issues, documents and comments in writing You will be notified in writing of the decision on review as soon as reasonably possible but no later than 60 days after the request for review is received The notice will contain the same type of information described above and it will indicate whether there are one or two levels of appeals. If there are two levels of appeals, the decisions on review will be made no later than 30 days after the request for each review is received. The reviews upon appeal (whether one level or two) will take into account all comments, documents, records and other information submitted by the claimant relating to the claim without regard to whether such information was submitted or considered in a previous review In no event will a determination upon review be made by the same individual(s) who made previous determinations or someone who is a subordinate of any individual who made such previous determinations. The Plan Administrator is the claims fiduciary responsible for making final claim decisions under the Plan. In the event of your death, your beneficiary has the same rights and is subject to the same time limits and other restrictions that would otherwise apply to you under the claims procedures explained above. Q-18. What is COBRA continuation coverage? Federal law requires most employers sponsoring group health plans to offer employees and their families the opportunity for a temporary extension of health care coverage (called "continuation coverage") at group rates in certain instances where coverage under the plans would otherwise end. These rules apply to the URM only, unless the Employer is a small -employer within the meaning of the applicable regulations. The Plan Administrator can tell you whether the Employer is a small employer (and thus not subject to these rules). When Coverage May Be Continued If you are a Participant in the URM, then you have a right to choose continuation coverage under the URM if you lose your ▪ coverage because of a reduction in your hours of employment; or a voluntary or involuntary termination of your employment (for reasons other than gross misconduct). *3100G09020046 If you are the Spouse of a Participant, then you have the right to choose continuation coverage for yourself if you lose coverage due to the death of your Spouse; a voluntary or involuntary termination of your Spouse's employment (for reasons other than gross misconduct) or reduction in your Spouse's hours of employment; or the divorce or legal separation from your Spouse. In the case of a Dependent child of a Participant, he or she has the right to choose continuation coverage if coverage is lost because of: the death of the employee; a voluntary or involuntary termination of the employee's employment (for reasons other than gross misconduct) or reduction in the employee's hours of employment; his or her parents' divorce or legal separation; or his or her loss of Dependent status. A child who is born to, or placed for adoption with, the employee during a period of continuation coverage is also entitled to continuation coverage under COBRA. Those who are entitled to continue coverage under COBRA are called "Qualified Beneficiaries." 13 SPD Type of Coverage If you choose continuation coverage, you may continue the level of coverage you had in effect immediately preceding the qualifying event. However, if Plan benefits are modified for similarly situated active employees, then they will be modified for you and other Qualified Beneficiaries as well You will be eligible to make a change in your benefit election with respect to the Plan upon the occurrence of any event that permits a similarly situated active employee to make a benefit election change during a Plan Year. If you do not choose continuation coverage, your coverage under the URM will end with the date you would otherwise lose coverage. Notice Requirements You or another Qualified Beneficiary must notify the employer of a divorce, legal separation, or a child losing Dependent status under the Plan within 60 days of the later of the date of the event or the date on which coverage is lost because of the event. When the Plan Administrator is notified that one of these events has occurred, the Plan Administrator will in turn notify you that you have the right to choose continuation coverage. Notice to an employee's Spouse is treated as notice to any covered Dependents who reside with the Spouse. An employee or covered Dependent is responsible for notifying the Plan Administrator if he or she becomes covered under another group health plan. Election Procedures and Deadlines Each qualified beneficiary is entitled to make a separate election for continuation coverage under the Plan. In order to elect continuation coverage, you must complete the election form(s) provided to you by the Plan Administrator. You have 60 days from the date you would lose coverage for one of the reasons described above or the date you are sent notice of your right to elect continuation coverage, whichever is later, to inform the Plan Administrator that you wish to continue coverage Failure to return the election form within the 60 -day period will be considered a waiver, and you will not be allowed to elect continuation coverage. Cost You will have to pay the entire cost of your continuation coverage. The cost of your continuation coverage will not exceed 102% of the applicable premium for the period of continuation coverage. The first premium payment after electing continuation coverage will be due 45 days after making your election Subsequent premiums must be paid within a 30 -day grace period following the due date. Failure to pay premiums within this time period will result in automatic termination of your continuation coverage, Claims incurred during any period will not be paid until your premium payment is received for that period If you timely elect continuation coverage and pay the applicable premium, however, then continuation coverage will relate back to the first day on which you would have lost regular coverage. When Continuation Coverage Ends The maximum period for which coverage may be continued will be until the end of the Plan Year in which the qualifying event occurs. To the extent that Nonelective Employer contributions are provided, the maximum duration of coverage may be 18 or 36 months from the qualifying event (depending on the type of qualifying event). You will be notified of the duration of continuation coverage when you have a qualifying event. However, continuation coverage may end earlier for any of the following reasons • The contribution for your continuation coverage is not paid on time or it is insufficient (Note. if your payment is insufficient by the lesser of 10% of the required COBRA premium, or $50, you will be given 30 days to cure the shortfall); • After you elect COBRA continuation coverage, the date that you first become covered under another group health plan under which you are not subject to a pre-existing condition exclusion limitation; • After you elect COBRA continuation coverage, the date that you first become entitled to Medicare; or The date the employer no longer provides group health coverage to any of its employees. Q-19. How long will the Plan remain in effect? Although the Employer expects to maintain the URM and DDC indefinitely, it has the right to modify or terminate the programs at any time for any reason It is also possible that future changes in state or federal tax laws may require that the Plan be amended accordingly. Q-20. Will my health information be kept confidential? Under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") group health plans such as the URM and the third party service providers are required to take steps to ensure that certain "protected health information" is kept confidential. Attached as Appendix II to this SPD (included in the HIPAA packet) is a summary of your rights and obligation under HIPAA. You may receive a separate notice that outlines the Employer's health privacy policies in more detail. 14 SPD Q-21. Is there any other important information that I should know about the Reimbursement Plan? Participation in the Plan does not give any Participant the right to be retained in the employ of his or her Employer or any other right not specified in the Plan The Plan Administrator's name, address and telephone number appear in the Plan Information Summary attached to the front of this SPD. The Plan Administrator has the exclusive right to interpret the Plan and to decide all matters arising under the Plan, including the right to make determinations of fact and construe and interpret possible ambiguities, inconsistencies, or omissions in the Plan and this SPD Other important information such as the Plan Number and Plan Sponsor's name has also been provided in the Plan Information Summary. ERISA Rights The URM may be an ERISA welfare benefit plan (unless the employer is a governmental employer or the plan is a "church plan" as defined in the applicable regulations). As a Participant in an ERISA -covered benefit, you are entitled to certain rights and protections under the Employee Retirement Income Security Act ("ERISA") ERISA provides that all plan Participants shall be entitled to: Receive Information About Your Plan and Benefits Examine, without charge, at the Plan Administrator's office and at other specified locations, such as work -sites and union halls, all documents governing the plan, including insurance contracts, collective bargaining agreements, and a copy of the latest annual report (Form 5500 series) filed by the plan with the U S Department of Labor and available at the Public Disclosure Room of the Employee Benefits Security Administration Obtain, upon written request to the Plan Administrator, copies of all documents governing the operation of the plan, including insurance contracts and collective bargaining agreements, and copies of the latest annual report (Form 5500 series) and updated SPD. The Plan Administrator may make a reasonable charge for the copies. Receive a summary of the Plan's annual financial report. The Plan Administrator is required by law to furnish each Participant with a copy of this summary annual report. Continue Group Health Plan Coverage You may continue health care coverage for yourself, Spouse or Dependent children if there is a loss of coverage under the Plan as a result of a qualifying event. You or your eligible dependents will have to pay for such coverage. You should review Q-19 of this appendix for more information concerning your COBRA continuation coverage rights (To the extent the URM is subject to HIPAA's portability rules) You may be eligible for a reduction or elimination of exclusionary periods of coverage for preexisting condition under your group health plan, if you move to another plan and you have creditable coverage from this Plan. You will be provided a certificate of creditable coverage, free of charge, from the Plan Administrator when you lose coverage under the Plan, when you become entitled to elect COBRA continuation coverage, when your COBRA continuation coverage ceases, if you request it before losing coverage, or if you request it up to 24 months after losing coverage. Without evidence of creditable coverage, you may be subject to a preexisting condition exclusion for 12 months (18 months for late enrollees) after your enrollment date in your coverage in another plan. Prudent Actions by Plan Fiduciaries In addition to creating rights for plan Participants, ERISA imposes duties upon the people who are responsible for the operation of the employee benefit plan. The people who operate your Plan, called "fiduciaries" of the Plan, have a duty to do so prudently and in the interest of the plan participants and beneficiaries. No one, including your employer, your union, or any other person, may fire you or otherwise discriminate against you in any way to prevent you from obtaining a welfare benefit from the Plan or from exercising your rights under ERISA. N Enforce Your Rights *3100G09020046 If your claim for a welfare benefit under an ERISA -covered plan is denied in whole or in part, you must receive a written explanation of the reason for the denial. You have the right to have the Plan review and reconsider your claim. Under ERISA, there are steps you can take to enforce the above rights. For instance, if you request materials from the Plan and do not receive them within 30 days, you may file suit in a federal court. In such a case, the court may require the Plan Administrator to provide the materials and pay you up to $110 a day until you receive the materials, unless the materials were not sent because of reasons beyond the control of the Administrator. If you have a claim for benefits that is denied or ignored in whole or in part, you may file suit in a state or federal court. In addition, if you disagree with the Plan's decision or lack thereof concerning the qualified status of a domestic relations order or a medical child support order, you may file suit in a federal court. If it should happen that Plan fiduciaries misuse the Plan's money or if you are discriminated against for asserting your rights, you may seek assistance from the U.S. Department of Labor, or you may file suit in a federal court. The court will decide who should pay court costs and legal fees. If you lose, the court may order you to pay these costs and fees, for example, if it finds your claim is frivolous. 15 SPD Assistance with Your Questions If you have any questions about the Plan, you should contact the Plan Administrator. If you have any questions about this statement or about your rights under ERISA or if you need assistance obtaining documents from the Plan Administrator, you should contact the nearest office of the U.S. Department of Labor, Employee Benefits Security Administration listed in your telephone directory, or the Division of Technical Assistance and Inquiries, Employee Benefits Security Administration, U.S. Department of Labor; 200 Constitution Ave., NW; Washington, D.0 20210. You may also obtain certain publications about your rights and responsibilities under ERISA by calling the publications hotline of the Employee Benefits Security Administration. 16 SPD *3100609020046 APPENDIX II TO THE FLEXIBLE BENEFITS PLAN SUMMARY PLAN DESCRIPTION Summary of Privacy Policies and Procedures OUR PLEDGE REGARDING MEDICAL INFORMATION We understand that medical information about you and your health is personal. We are committed to protecting medical information about you. We create a record of the URM claims reimbursed under the Plan for Plan administration purposes. This summary applies to all of the medical records we maintain with regard to the URM. Your personal doctor or health care provider may have different policies or notices regarding the doctor's use and disclosure of your medical information created in the doctor's office or clinic. During the course of providing you with health coverage under the URM, the Plan will have access to information about you that is deemed to be "protected health information", or PHI, by the Health Insurance Portability and Accountability Act of 1996, or HIPAA. In accordance with Section 10.18 of the Plan, the following is a summary of procedures adopted by the Employer to ensure that both the Employer and any third party service providers treat your PHI with the level of protection required by HIPAA. You may receive a separate notice that provides more detailed information regarding the procedures adopted by the Employer. This summary will provide you with a general overview of the ways in which we may use and disclose medical information about you. We also describe your rights and certain obligations we have regarding the use and disclosure of medical information. In the event this summary conflicts with the separate Privacy Notice from your employer, the separate Privacy Notice controls. We are required by law to: • make sure that medical information that identifies you is kept private; • give you this notice of our legal duties and privacy practices with respect to medical information about you, and • follow the terms of the notice that is currently in effect. Your PHI will be disclosed to certain employees of Employer. Except as otherwise provided in the separate Privacy Notice that may be provided to you, these employees consist of the members of the Personnel Benefits Department of the Employer who assist in administration of URM claims. These individuals may only use your PHI for Plan administration functions including those described below, provided they do not violate the provisions set forth herein. Any employee of Employer who violates the rules for handling PHI established herein will be subject to adverse disciplinary action. The Employer will establish an effective mechanism for resolving privacy issues and will take prompt corrective action to cure any violations. By adoption of this SPD, the Employer has certified that it will comply with the privacy procedures summarized herein and detailed in any separate privacy notice. Employer may not use or disclose your PHI other than as summarized herein or as required by law. Any agents or subcontractors who are provided your PHI must agree to be bound by the restrictions and conditions concerning your PHI found herein Your PHI may not be used by Employer for any employment-related actions or decisions or in connection with any other benefit or employee benefit plan of Employer. Employer must report to the Plan any uses or disclosures of your PHI of which the Employer becomes aware that are inconsistent with the provisions set forth herein. HOW WE MAY USE AND DISCLOSE MEDICAL INFORMATION ABOUT YOU. The following categories describe different ways that we use and disclose medical information for purposes of URM administration. For each category of uses or disclosures we will explain what we mean and try to give some examples. Not every use or disclosure in a category will be listed. However, all of the ways we are permitted to use and disclose information will fall within one of the categories. For Payment (as described in applicable regulations). We may use and disclose medical information about you to determine eligibility for Plan benefits, to facilitate payment for the treatment and services you receive from health care providers; to determine benefit responsibility under the Plan, or to coordinate Plan coverage. For Health Care Operations (as described in applicable regulations). We may use and disclose medical information about you for other Plan operations. These uses and disclosures are necessary to run the Plan. As Required By Law. We will disclose medical information about you when required to do so by federal, state, or local law. To Avert a Serious Threat to Health or Safety. We may use and disclose medical information about you when necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person. Any disclosure, however, would only be to someone able to help prevent the threat. SPECIAL SITUATIONS Disclosure to Health Plan Sponsor. Information may be disclosed to another health plan maintained by Employer for purposes of facilitating claims payments under that plan. In addition, medical information may be disclosed to Employer personnel solely for purposes of administering benefits under the Plan. 17 SPD Organ and Tissue Donation. If you are an organ donor, we may release medical information to organizations that handle organ procurement or organ, eye, or tissue transplantation or to an organ donation bank, as necessary to facilitate organ or tissue donation and transplantation. Military and Veterans If you are a member of the armed forces, we may release medical information about you as required by military command authorities. We may also release medical information about foreign military personnel to the appropriate foreign military authority Workers' Compensation. We may release medical information about you for workers' compensation or similar programs These programs provide benefits for work-related injuries or illness Public Health Risks. We may disclose medical information about you for public health activities (e.g , to prevent or control disease, injury, or disability). Health Oversight Activities. We may disclose medical information to a health oversight agency for activities authorized by law. Lawsuits and Disputes. If you are involved in a lawsuit or a dispute, we may disclose medical information about you in response to a court or administrative order. We may also disclose medical information about you in response to a subpoena, discovery request, or other lawful process by someone else involved in the dispute, but only if efforts have been made to tell you about the request or to obtain an order protecting the information requested Law Enforcement. We may release medical information if asked to do so by a law enforcement official for law enforcement purposes. Coroners, Medical Examiners and Funeral Directors. We may release medical information to a coroner or medical examiner. We may also release medical information about patients of the hospital to funeral directors as necessary to carry out their duties. National Security and Intelligence Activities. We may release medical information about you to authorized federal officials for intelligence, counterintelligence, and other national security activities authorized by law. Inmates. If you are an inmate of a correctional institution or under the custody of a law enforcement official, we may release medical information about you to the correctional institution or law enforcement official. This release would be necessary (1) for the institution to provide you with health care; (2) to protect your health and safety or the health and safety of others, or (3) for the safety and security of the correctional institution. YOUR RIGHTS REGARDING MEDICAL INFORMATION ABOUT YOU. You have the following rights regarding medical information we maintain about you: Right to Inspect and Copy. You have the right to inspect and copy medical information that may be used to make decisions about your Plan benefits. To inspect and copy medical information that may be used to make decisions about you, you must submit your request in writing to Personnel/Benefits Office, except as otherwise set forth in any separate Privacy Notice provided to you by the Employer. If you request a copy of the information, we may charge a fee for the costs of copying, mailing or other supplies associated with your request. We may deny your request to inspect and copy in certain very limited circumstances HIPAA provides several important exceptions to your right to access your PHI. For example, you will not be permitted to access psychotherapy notes or information compiled in anticipation of, or for use in, a civil, criminal, or administrative action or proceeding. Employer will not allow you to access your PHI if these or any of the exceptions permitted under HIPAA apply. If you are denied access to medical information, you may request that the denial be reviewed. Right to Amend. If you feel that medical information we have about you is incorrect or incomplete, you may ask us to amend the information. You have the right to request an amendment for as long as the information is kept by or for the Plan. To request an amendment, your request must be made in writing and submitted to the Personnel/Benefits Office In addition, you must provide a reason that supports your request. We may deny your request for an amendment if it is not in writing or does not include a reason to support the request. In addition, we may deny your request if you ask us to amend information that: Is not part of the medical information kept by or for the Plan; Was not created by us, unless the person or entity that created the information is no longer available to make the amendment; • Is not part of the information which you would be permitted to inspect and copy; or • Is accurate and complete. 18 SPD The Employer must act on your request for an amendment of your PHI no later than 60 days after receipt of your request. Employer may extend the time for making a decision for no more than 30 days, but it must provide you with a written explanation for the delay. If Employer denies your request, it must provide you a written explanation for the denial and an explanation of your right to submit a written statement disagreeing with the denial. Right to an Accounting of Disclosures. You have the right to request an "accounting of disclosures" (other than disclosures you authorized in writing) where such disclosure was made for any purpose other than treatment, payment, or health care operations You will be notified of where you can obtain an accounting of disclosure in the separate Privacy Notice. Your request must state a time period that may not be longer than six years and may not include dates before April 2003. Your request should indicate in what form you want the list (for example, on paper, or electronically) The first list you request within a 12 -month period will be free. For additional lists, we may charge you for the costs of providing the list. We will notify you of the cost involved and you may choose to withdraw or modify your request at that time before any costs are incurred. Note that HIPAA provides several important exceptions to your right to an accounting of the disclosures of your PHI. For example, Employer does not have to account for disclosures of your PHI (i) to carry out treatment, payment or healthcare operations, (ii) to correctional institutions or law enforcement officials, or (iii) for national security or intelligence purposes. Employer will not include in your accounting any of the disclosures for which there is an exception under HIPAA. Employer must act on your request for an accounting of the disclosures of your PHI no later than 60 days after receipt of the request. Employer may extend the time for providing you an accounting by no more than 30 days, but it must provide you a written explanation for the delay. You may request one accounting in any 12 -month period free of charge. Employer will impose a fee for each subsequent request within the 12 -month period Right to Request Restrictions. To the extent set forth in the separate privacy notice, you may have the right to request a restriction or limitation on the medical information we use or disclose about you for treatment, payment, or health care operations, or you may have the right to request a limit on the medical information we disclose about you to someone who is involved in your care or the payment for your care, like a family member or friend. Right to Request Confidential Communications. You have the right to request that we communicate with you about medical matters in a certain way or at a certain location. For example, you can ask that we only contact you at work or by mail. To request confidential communications, you must make your request in writing to the Personnel Office except as otherwise provided in the separate privacy notice. We will not ask you the reason for your request. We will accommodate all requests we deem reasonable. Your request must specify how or where you wish to be contacted. When Employer no longer needs PHI disclosed to it by the Plan, for the purposes for which the PHI was disclosed, Employer must, if feasible, return or destroy the PHI that is no longer needed. ff it is not feasible to return or destroy the PHI, Employer must limit further uses and disclosures of the PHI to those purposes that make the return or destruction of the PHI infeasible. CHANGES TO THIS SUMMARY AND THE SEPARATE PRIVACY NOTICE We reserve the right to change this summary and the separate Privacy Notice that may be provided to you. We reserve the right to make the revised or changed notice effective for medical information we already have about you as well as any information we receive in the future. The notice will contain the effective date on the front page. COMPLAINTS If you believe your privacy rights have been violated, you may file a complaint with the Plan or with the Secretary of the Department of Health and Human Services. To file a complaint with the Plan, contact the Personnel Office except as otherwise provided in the separate Privacy Notice All complaints must be submitted in writing. You will not be penalized for filing a complaint. N OTHER USES OF MEDICAL. INFORMATION. *3100G09020046 Other uses and disclosures of medical information not covered by this notice or the laws that apply to us will be made only with your written permission. If you provide us permission to use or disclose medical information about you, you may revoke that permission, in writing, at any time. If you revoke your permission, we will no longer use or disclose medical information about you for the reasons covered by your written authorization. We are unable to take back any disclosures we have already made with your permission, and that we are required to retain our records of the care that we provided to you. 19 SPD An independent Sales Agent Representing July 9, 2004 Sheryl Smith City of Yakima 129 N. 2nd Street Yakima, WA 98901 Dear Sheryl: As per your request, this letter is regarding the Reimbursement Services Agreement between City of Yakima and American Family Life Assurance Company (AFLAC). The attached document references on page 4, Section IV, paragraph A, a $450.00 set-up fee for the FSA benefit (DDC or URM) per month (max per participant of $3.00) with a minimum monthly fee of $25.00 for the reimbursement plans. These fees will be waived for the first year and the document will be amended at time of implementation to reflect this. If you have any questions, please call me at (509) 574-5225. Sincerely, Cherie Ergeson AFLAC Associate cc: Dan Fisher/Fisher Consulting Helen Harvey/Senior Assistant City Attorney American Family Life Assurance Company of Columbus (AFLAC) Worldwide Headquarters: 1932 Wynnton Road • Columbus, Georgia 31999-0001 • (706) 323-3431 www.aflac.com ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of September 21, 2004 A resolution authorizing the City Manager to execute an agreement and all other necessary and appropriate documents with American Family Life Assurance Company of Columbus (AFLAC) for assistance with the establishment and administration of a flexible spending account program for eligible City employees; and authorizing a Flexible Benefits Plan. SUBMITTED BY: Dick Zais, City Manager; Sheryl M. Smith, Deputy Human Resources Manager; and Cindy Epperson, Financial Services Manager. CONTACT PERSON/TELEPHONE: Dick Zais, 575-6040 Sheryl M. Smith, 575-6090 SUMMARY EXPLANATION: Section 125 and other provisions of the United States Internal Revenue Code allow for the creation of flexible spending account programs or "flexible benefits plans" whereby an employee can set aside a portion of his or her salary on a pre-tax basis to be used to pay for eligible expenses (i.e., certain medical expenses and dependent care expenses, such as childcare costs.) The City Council has previously adopted a Section 125 plan pursuant to YMC 2.20.150. The attached resolution authorizes execution of an agreement with AFLAC which will include the City's current Section 125 Premium Only Plan and pursuant to which AFLAC will administer a flexible spending account program. The spending account program will result in income tax savings for employees who participate. The plan will also result in a total of 7.65% payroll tax savings to the City on amounts employees elect to defer. The payroll tax savings of 7.65% consists of 6.20% for Social Security (FICA) taxes and 1.45% for Medicare taxes. Therefore, this program will provide a benefit to eligible employees and generate payroll tax savings for the City. AFLAC has agreed to administer the spending account program for the City without charge for one year, beginning January 1, 2005, and possibly for future years. AFLAC will offer other voluntary policies to City employees including an accident insurance policy, cancer insurance policy, and a specified health event policy. These additional policies may vary over time. Resolution X Ordinance _ Other (Specify) Contract X Mail to (name and address): Cherie Ergeson, AFLAC, P.O. Box 383, Yakima, WA 98907 Phone: (509) 5745225 Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt Resolution BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION R-2004-143