STATE OF WISCONSIN, DEPARTMENT OF EMPLOYEE TRUST FUNDS
CAFETERIA PLAN
PLAN DOCUMENT
As Adopted Effective: January 1, 1990
Amended & Restated: October 1, 2012
Note: This document should be reviewed and approved by the Employer’s legal counsel prior to being adopted (signed and implemented). Any changes suggested during that review are the responsibility of the Employer.
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Intentionally Left Blank
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Table of Contents
PREAMBLE 4
ARTICLE I - DEFINITIONS 5
1.01 Affiliated Employer 5
1.02 After-Tax Contributions 5
1.03 Anniversary Date 5
1.04 Benefit Plan Option(s) 5
1.05 Board of Directors 5
1.06 Change in Status 5
1.07 Code 5
1.08 Compensation 5
1.09 Dependent 5
1.10 Dependent Care Spending Account 5
1.11 Earned Income 6
1.12 Effective Date 6
1.13 Eligible Employment Related Expenses 6
1.14 Eligible Medical Expenses 6
1.15 Employee 6
1.16 Employer 7
1.17 Flexible Spending Account(s) 7
1.18 Health Care Spending Account 7
1.19 Highly Compensated Individual 7
1.20 Key Employee 7
1.21 Non-elective Contribution(s) 7
1.22 Participant 7
1.23 Plan 8
1.24 Plan Administrator 8
1.25 Plan Year 8
1.26 Pretax Contribution(s) 8
1.27 Qualified Benefit 8
1.28 Qualifying Individual 8
1.29 Qualifying Services 8
1.30 Salary Reduction Agreement 8
1.31 Spouse 9
1.32 Summary Plan Description or SPD 9
1.33 Student 9
ARTICLE II -- ELIGIBILITY AND PARTICIPATION 10
2.01 Eligibility to Participate 10
2.02 Termination of Participation 10
2.03 Eligibility to Participate in Flexible Spending Accounts 10
2.04 Qualifying Leave Under Family Leave Act 10
2.05 Non-FMLA Leave 10
ARTICLE III -- ELECTIONS 11
3.01 Election of Contributions 11
3.02 Initial Election Period 11
3.03 Annual Election Period 11
3.04 Change of Elections 12
3.05 Impact of Termination of Employment on Election 12
ARTICLE IV -- PREMIUM PAYMENTS AND CREDITS AND DEBITS TO ACCOUNTS 13
4.01 Source of Benefit Funding 13
4.02 Reduction of Certain Elections to Prevent Discrimination 13
ARTICLE V -- BENEFITS 14
5.01 Qualified Benefits 14
5.02 Cash Benefit 14
ARTICLE VI -- REIMBURSEMENTS 15
6.01 Health Care Spending Account Reimbursement 15
6.02 Dependent Care Spending Account Reimbursement 15
6.03 Receiving Reimbursement 16
6.04 Substantiation of Expenses 16
6.05 Repayment of Excess Reimbursements 16
6.06 Reimbursement Following Cessation of Participation 16
6.07 Coordination of Benefits Under the Health Care Spending Account 16
6.08 Disbursement Reports 17
6.09 Timing of Reimbursements 17
6.10 Statements 17
6.11 Post-Mortem Payments 17
6.12 Non-Alienation of Benefits 17
6.13 Mental or Physical Incompetency 17
6.14 Inability to Locate Payee 17
6.15 Tax Effects of Reimbursements 17
6.16 Forfeiture of Unclaimed Reimbursement Account Benefits 18
ARTICLE VII -- PLAN ADMINISTRATION 19
7.01 Allocation of Authority 19
7.02 Provision for Third Party Adminstrators 19
7.03 Fiduciary Liability 19
7.04 Compensation of Plan Administrator 20
7.05 Bonding 20
7.06 Payment of Administrative Expenses 20
7.07 Funding Policy 20
ARTICLE VIII -- FUNDING AGENT 21
ARTICLE IX -- CLAIMS PROCEDURES 22
ARTICLE X -- AMENDMENT OR TERMINATION OF PLAN 23
10.01 Permanency 23
10.02 Employer's Right to Amend 23
10.03 Employer's Right to Terminate 23
10.04 Determination of Effective Date of Amendment or Termination 23
ARTICLE XI -- GENERAL PROVISIONS 24
11.01 Not an Employment Contract 24
11.02 Applicable Laws 24
11.03 Requirement for Proper Forms 24
11.04 Multiple Functions 24
11.05 Tax Effects 24
11.06 Gender and Number 24
11.07 Headings 24
11.08 Incorporation by Reference 24
11.09 Severability 24
11.10 Effect of Mistake 24
ARTICLE XII -- CONTINUATION COVERAGE 26
ARTICLE XIII – HIPAA PRIVACY AND SECURITY 27
13.01 Scope and Purpose 27
13.02 Effective Date 27
13.03 Use and Disclosure of PHI 27
13.04 Conditions Imposed on Employer 27
13.05 Designated Employees Who May Receive PHI 28
13.06 Restrictions on Employee with Access to PHI 28
13.07 Policies and Procedures 28
13.08 Organized Health Care Arrangement 28
13.09 Privacy Official 28
13.10 Noncompliance 29
13.11 Definitions 29
13.12 Interpretation and Limited Applicability 29
13.13 Services Performed for the Employer 29
13.14 Security of Electronic PHI 30
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PREAMBLE
Effective January 1, 1990 (and as Amended and Restated on October 1, 2012), the State of Wisconsin, Department of Employee Trust Funds, established a Cafeteria Plan (the “Plan”) for its Employees for purposes of providing eligible Employees with the opportunity to choose from among the Benefit Plan Options available under the Plan. The Plan is intended to qualify as a cafeteria plan under the provisions of Code § 125.
The Health Care Spending Account (“HCSA”), is intended to qualify as a Code § 105 self-insured medical expense reimbursement plan, and that the benefits provided under the HCSA be eligible for exclusion from the Participant’s income for federal income tax purposes under Code § 105(b). The Dependent Care Spending Account (“DCSA”), is intended to qualify as a Code § 129 dependent care assistance plan and that the benefits provided under the DCSA be eligible for exclusion from the Participant’s income for federal income tax purposes under Code § 129. Although printed within this document, the HCSA and DCSA Plans are separate written plans for purposes of administration and nondiscrimination requirements imposed by Sections 105 and 129 of the Code.
STATE OF WISCONSIN,
DEPARTMENT OF EMPLOYEE TRUST FUNDS
CAFETERIA PLAN
ARTICLE I
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).
1.02 “After-tax Contribution(s)” means amounts withheld from an Employee’s Compensation pursuant to a Salary Reduction Agreement or Election Form after all applicable state and federal taxes have been deducted. Such amounts are withheld for purposes of purchasing one or more of the Benefit Plan Options available under the Plan.
1.03 “Anniversary Date” means the first day of any Plan Year.
1.04 “Benefit Plan Option(s)” means those Qualified Benefits available to a Participant under this Plan as set forth in the Summary Plan Description, 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 of Directors, 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 Summary Plan Description, 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 Summary Plan Description 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 generally in Code Section 152; however, for health plan purposes (including any applicable Benefit Plan Option(s) and the Health Care Spending Account), a Dependent is defined as set forth in Code Section 105(b) including any child as defined in Code Section 152(f)(1) of the Participant who as of the end of the taxable year has not attained age twenty-seven (27)); and for Dependent Care Spending Account purposes (if offered under the Plan), a Dependent also means an individual described in Code Section 21(e)(5) (e.g., Dependent of the parent with custody for the greatest portion of the year).
1.10 “Dependent Care Spending Account” shall have the meaning assigned to it by Section 6.02 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 includible in gross income for the taxable year. Earned Income does not include any amounts excluded from Earned Income under Code § 32(c)(2), such as amounts received under a pension or annuity, or pursuant to workers’ compensation.
1.12 “Effective Date” of this Plan means the original Effective Date of the Cafeteria plan, or the amended and restated effective date, set forth in the SPD.
1.13 “Eligible Employment-Related Expenses” means those expenses that would be considered to be Employment-Related Expenses under Code § 21(b)(2) (relating to expenses for household and dependent care services necessary for gainful employment) if paid for by the Employee to provide Qualifying Services other than amounts paid to:
(a) an individual with respect to whom a Dependent deduction is allowable under Code § 151(a) 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.
1.14 “Eligible Medical Expenses” means those expenses that are eligible for reimbursement under the HCSA as set forth in the SPD, incurred by the Employee, or the Employee’s Spouse or Dependents, after the date of the Employee’s participation in the HCSA 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 § 213(d). For purposes of this Plan, the following expenses are not considered Eligible Medical Expenses even if they otherwise constitute medical care under Code § 213(d):
i) Expenses for qualified long term care services (as defined in Code § 7702B); and
ii) Expenses for health insurance premiums; and
iii) Effective January 1, 2011, expenses for a medicine or drug unless such medicine or drug is a prescribed drug (determined without regard to whether such drug is available without a prescription) or is insulin.
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.
1.15 “Employee” means an individual who the Employer classifies as a common-law Employee and who is on the Employer’s W-2 payroll, but does not include any of the following: (a) any leased employee (including, but not limited to, those individuals defined in Code § 414(n)); (b) an individual classified by the Employer as a contract worker or independent contractor; (c) an individual classified by the Employer as a temporary employee or casual employee, whether or not any such persons are on the Employer’s W-2 payroll; and (d) any individual who performs services for the Employer but who is paid by a temporary or other employment agency such as “Kelly,” “Manpower,” etc.; or any Employee covered under a collective bargaining agreement, except as otherwise provided for in the collective bargaining agreement.
1.16 “Employer” means the State of Wisconsin, Department of Employee Trust Funds, and any Affiliated Employer who adopts the Plan pursuant to authorization provided by the Employer. Notwithstanding the previous sentence when the Plan provides that the Employer has a certain power (e.g., the appointment of a Third Party Administrator, entering into a contract with a third party insurer, or amendment or termination of the plan) the term “Employer” shall mean only the State of Wisconsin, Department of Employee Trust Funds. Affiliated Employers who adopt the Plan shall be bound by the Plan as adopted and subsequently amended unless they clearly withdraw from participation herein. Affiliated Employers who have adopted the Plan are set forth in the Summary Plan Description.
1.17 “Flexible Spending Account(s)” shall be the funding mechanism by which amounts are withheld from an Employee’s Compensation and retained for future Health Care Spending Account Payments (the “HCSA”) (as defined in Section 1.18 herein) and Dependent Care Spending Account Payments (the “DCSA”)(as defined in Section 1.10 herein) to the extent adopted by the Employer as set forth in the Summary Plan Description. 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).
1.18 “Health Care Spending Account” shall have the meaning assigned to it by Section 6.01 of the Plan.
1.19 “Highly Compensated Individual” means an individual defined under Code § 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 § 125(b)(2), as amended.
1.21 “Non-elective Contribution(s)” means any amount which the Employer, in its sole discretion, may contribute on behalf of each Participant to provide benefits for such Participant and his or her Dependents, if applicable, under one or more of the Benefit Plan Option(s) offered under the Plan. The amount of Employer contribution that is applied towards the cost of the Benefit Plan Option(s) for each Participant and/or level of coverage shall be subject to the sole discretion of the Employer and may be adjusted upward or downward at any time in the contributing Employer’s sole discretion. The amount shall be calculated for each Plan 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 Summary Plan Description or enrollment material, the Employer may make Non-elective Contributions available to Participants and allow Participants to allocate the Non-elective Contributions among the various Benefit Plan Options offered under the Plan in a manner set forth in the Summary Plan Description or enrollment material. In no event will any Non-elective Contribution be disbursed to a Participant in the form of additional, taxable Compensation except as otherwise provided in the Summary Plan Description or enrollment material.
1.22 “Participant” means an Employee who becomes a Participant pursuant to Article II.
1.23 “Plan” means this Cafeteria Plan as set forth herein.
1.24 “Plan Administrator” means the person(s) or Committee identified in the Summary Plan Description 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 Summary Plan Description.
1.26 “Pretax Contribution(s)” means any amount withheld from the Employee’s Compensation pursuant to a Salary Reduction Agreement or Election Form before any applicable state and federal taxes have been deducted. The amounts are withheld for purposes of purchasing one or more of the Benefit Plan Options available under the plan. This amount shall not exceed the premiums or contributions attributable to the most costly Benefit Plan Option afforded hereunder, and for purposes of Code § 125, shall be treated as an Employer contribution (this amount may, however, be treated as an Employee contribution for purposes of state insurance laws).