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Legal Authority <br />State <br />Minnesota Statutes, Chapter 352.98, authorized the Administrator to establish a plan or <br />plans, known as the Health Care Savings Plan (HCSP), through which public employers <br />and employees may save to be reimbursed for post -employment health care expenses. <br />The law mandates MSRS to make available one or more trusts, authorized under the <br />Internal Revenue Code to be eligible for tax -preferred or tax-free treatment. <br />The Board of Directors of Minnesota State Retirement System (MSRS) has authority to <br />oversee the Plan and establish Plan rules, pursuant to Minn. Stat. §352.03, subd. 4. The <br />terms of the Plan will be governed under Minnesota law. <br />Federal <br />The State, acting through the MSRS, intends that the Trust, hereby established, shall be <br />exempt from income tax and FICA tax as an integral part of the State as provided under <br />the Internal Revenue Code of 1986, as amended (the "IRS Code"), IRS Revenue Ruling <br />87-2, and other relevant guidance. <br />Fiduciary Responsibility <br />The Board of Directors of Minnesota State Retirement System (MSRS) are fiduciaries as <br />provided in Minnesota Statutes, sections 352.03 and 356A, and as such, the Board of <br />Directors is willing to hold and administer the Trust Fund for the benefit of eligible HCSP <br />Participants and beneficiaries under and in accordance with the terms of the HCSP Plan <br />Document and the HCSP Trust Document. <br />Recordkeeper <br />The Plan Recordkeeper, as contracted by the Administrator, shall be responsible for the <br />administration of investments held in the Plan. The Plan Recordkeeper 's duties shall <br />include: <br />■ Receiving contributions under the terms of the Plan; <br />■ Making reimbursements from Plan assets held in Trust in accordance with written <br />instructions received from an authorized representative of the Plan Administrator; <br />■ Keeping accurate records of the Trust assets and making such records available <br />to the Plan Administrator. <br />The Plan Recordkeeper's duties shall be limited to those described above. The <br />Administrator shall be responsible for any other administrative duties required under the <br />Plan or by applicable law. <br />HCSP Plan Document <br />December 1, 2023 <br />T <br />