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PLAN TWO <br />DEPENDENT CARE ASSISTANCE PLAN <br /> <br />The purpose of this Plan is to provide eligible employees the choice, within an amount of money to <br />be provided as specified herein, among different combinations of dependent care assistance <br />coverage and direct compensation. The Plan is intended to comply with the provisions of Sections <br />129 and 125 of the Internal Revenue Code of 1986, as amended. <br /> <br />ARTICLE X <br /> <br />Definitions <br /> <br /> Section 10.1. Definitions. Whenever used in the Plan, the following words and <br /> <br />phrases shall have the meanings set forth below unless the context plainly requires a different <br />meaning, and when the defined meaning is intended, the term is capitalized: <br /> <br />(a) "Code" means the Internal Revenue Code of 1986, as amended. <br /> <br /> (b) "Compensation" of a participant means the amount paid by the City to such <br />participant that is listed in Treasury Regulation Section 1.415-2(d)(1)(i) and shall exclude all <br />amounts which are listed in Treasury Regulation Section 1.4152(d)(2). <br /> <br /> (c) "Dependent" means an individual who qualifies as a dependent under the terms of <br />Section 152 of the Code. <br /> <br /> (d) "Effective Date" means the date on which the Plan became effective, i.e., January <br />1, 1992. The Plan originally became effective on January 1, 1992. <br /> <br /> (e) "Employee" means any person regularly employed by the City on a continuing <br />basis and whom the City reasonably expects to work more than 1,000 hours in a Plan Year. <br /> <br /> (f) "Participant" means a person who is an employee on or after January 1, 1992 and <br />who satisfies the participation conditions of Article XI, 11.1. The employee shall be eligible to <br />participate on the first day of the month following employment with the City, subject to the entry <br />date limitation in Section 13.4. A person who has become a participant shall remain a participant <br />until all benefits due under the provisions of the Plan have been paid or otherwise have been <br />satisfied under the terms of the Plan. <br /> <br /> (g) "Plan" means the Flexible Benefit Account Plan as set forth herein and as may be <br />amended or restated from time to time. <br /> <br /> (h) "Plan Year" means the twelve month period commencing January 1 and ending <br />December 31. <br /> <br />11 <br />12/11/91 <br /> <br /> <br />