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7/15/2005 10:12:56 AM
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<br />.. <br /> <br />7.5 DECREASES IN DEPENDENT CARE ASSISTANCE ACCOUNTS <br /> <br />A Participant's Dependent Care Assistance Account shall be reduced by the <br />amount of any Employment-Related Dependent Care Expense reimbursements paid or <br />incurred on behalf of a Participant pursuant to Section 7.12 hereof. <br /> <br />7.6 ALLOWABLE DEPENDENT CARE ASSISTANCE REIMBURSEMENT <br /> <br />SUbject to limitations contained in Section 7.9 of this Program, and to the <br />extent of the amount contained in the Participant's Dependent Care Assistance Account, a <br />Participant who incurs Employment-Related Dependent Care Expenses shall be entitled to <br />receive from the Employer full reimbursement for the entire amount of such expenses <br />incurred during the Plan Year or portion thereof during which he is a Participant. <br /> <br />7.7 ANNUAL STATEMENT OF BENEFITS <br /> <br />On or before January 31 st of each calendar year, the Employer shall furnish <br />to each Employee who was a Participant and received benefits under Section 7.6 during the <br />prior calendar year, a statement of all such benefits paid to or on behalf of such Participant <br />during the prior calendar year. <br /> <br />7.8 FORFEITURES <br /> <br />The amount in a Participant's Dependent Care Assistance Account as of the <br />end of any Plan Year (and after the processing of all claims for such Plan Year pursuant to <br />Section 7.12 hereof) shall be forfeited and credited to the benefit plan surplus. In such <br />event, the Participant shall have no further claim to such amount for any reason. <br /> <br />7.9 LIMITATION ON PAYMENTS <br /> <br />Notwithstanding any provision contained in this Article to the contrary, <br />amounts paid from a Participant's Dependent Care Assistance Account in or on account of <br />any taxable year of the Participant shall not exceed the lesser of the Earned Income <br />limitation described in Code Section 129(b) or $5,000 ($2,500 if a separate tax return is filed <br />by a Participant who is married as determined under the rules of paragraphs (3) and (4) of <br />Code Section 21 (e)). <br /> <br />7.10 NONDISCRIMINATION REQUIREMENTS <br /> <br />(a) It is the intent of this Dependent Care Assistance Program that <br />contributions or benefits not discriminate in favor of the group of employees in <br />whose favor discrimination may not occur under Code Section 129(d). <br /> <br />(b) It is the intent of this Dependent Care Assistance Program that <br />not more than 25 percent of the amounts paid by the Employer for dependent <br />care assistance during the Plan Year VVill be provided for the class of <br />individuals who are shareholders or owners (or their Spouses or <br />Dependents), each of whom (on any day of the Plan Year) owns more than 5 <br />percent of the stock or of the capital or profits interest in the Employer. <br /> <br />19 <br />
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