Solely to avoid an overpayment under Medicare or Medicaid or a similar healthcare program, if a participant’s services during any time that contributions were made were an expense reimbursed by the Social Security Administration (“SSA”) or the Health Care Financing Administration (“HCFA”) or a similar government healthcare payer, and any deferred compensation attributable to such services is not to be paid to the participant or his or her beneficiary, the employer shall pay the attributable portion of the participant’s deferred compensation to the applicable government healthcare payer as of the first date that the deferred compensation is not to be paid to the participant or his or her beneficiary.
(Ord. NIRC 97-1, passed 1-15-1997)