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7/15/2005 10:12:56 AM
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<br />. <br /> <br />ARTICLE VII <br />DEPENDENT CARE ASSISTANCE PROG RAM <br /> <br />7.1 ESTABLISHMENT OF PROGRAM <br /> <br />This Dependent Care Assistance Program is intended to qualify as a program <br />under Code Section 129 and shall be interpreted in a manner consistent with such Code <br />Section. Participants who elect to participate in this program may submit claims for the <br />reimbursement of Employment-Related Dependent Care Expenses. All amounts <br />reimbursed under this Dependent Care Assistance Program shall be paid from amounts <br />allocated to the Participant's Dependent Care Assistance Account. <br /> <br />7.2 DEFINITIONS <br /> <br />For the purposes of this Article and the Cafeteria Plan the terms below shall <br />have the following meaning: <br /> <br />(a) "Dependent Care Assistance Account" means the account <br />established for a Participant pursuant to this Article to which part of his <br />Cafeteria Plan Benefit Dollars may be allocated and from which <br />Employment-Related Dependent Care Expenses of the Participant may be <br />reimbursed. <br /> <br />(b) "Dependent Care Assistance Program" means the program of <br />benefits contained in this Article, which provides for the reimbursement of <br />eligible expenses for the care of the Qualifying Dependents of Participants. <br /> <br />(c) "Earned Income" means earned income as defined under Code <br />Section 32(c)(2), but excluding such amounts paid or incurred by the <br />Employer for dependent care assistance to the Participant. <br /> <br />(d) "Employment-Related Dependent Care Expenses" means the <br />amounts paid for expenses of a Participant for those services which if paid by <br />the Participant would be considered employment related expenses under <br />Code Section 21 (b)(2). Generally, they shall include expenses for household <br />services or for the care of a Qualifying Dependent, to the extent that such <br />expenses are incurred to enable the Participant to be gainfully employed for <br />any period for which there are one or more Qualifying Dependents with <br />respect to such Participant. The determination of whether an amount qualifies <br />as an Employment-Related Dependent Care Expense shall be made subject <br />to the following rules: <br /> <br />(1) If such amounts are paid for expenses incurred outside the <br />Participant's household, they shall constitute Employment-Related <br />Dependent Care Expenses only if incurred for a Qualifying Dependent <br />as defined in Section 7.2(e)(1) (or deemed to be, as described in <br />Section 7.2(e)(1) pursuant to Section 7.2(e)(3)), orfor a Qualifying <br />Dependent as defined in Section 7.2(e)(2) (or deemed to be, as <br />described in Section 7.2(e)(2) pursuant to Section 7.2(e)(3)) who <br /> <br />17 <br />
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