(a) Available Elections. A Participant shall be entitled to elect, for each Plan Year, either: (i) coverage under the Health Plan and receipt of only his regular compensation, or (ii) no coverage under the Health Plan and eligibility for receipt of the additional cash payments described above in Section 166.03. A Participant shall not be entitled to make an election of no coverage under the Health Plan unless he or she either (i) obtains the notarized consent of his or her spouse to such election, or (ii) provides a notarized statement that he or she is not married. If a Participant is not married and elects no coverage under the Health Plan he or she shall cease to be eligible for cash payments under this Plan after the date of his or her marriage unless and until the Participant files another election form under the Plan and his or her spouse consents to his election, witnessed by a notary; and notwithstanding the fact that any such Participant shall no longer be entitled to cash payments hereunder, such Participant and his or her spouse and Dependents shall not be eligible for coverage under the Health Plan unless and until such Participant enrolls for coverage under the Health Plan, in accordance with its terms and subject to its terms, conditions, limitations or other restrictions of coverage thereunder.
(b) Election Forms and Periods. All Participants shall complete a Plan election form and file such form with the Director of Finance during an election period designated by the Director of Finance, which shall not end later than the day before the first day of the Plan Year. Participant elections made on such forms shall be effective for the entire Plan Year; shall become effective as of the end of the election period; and may thereafter be changed or revoked during the Plan Year only as provided in Section (c) below. If an Employee becomes a Participant after the first day of the Plan Year, he shall complete and file an election form (which is to be effective for the remainder of the Plan Year) before the date he becomes a Participant. If a Participant does not complete and file an election form with the Director of Finance within the applicable elective period that applies for a Plan Year, he shall be deemed to have made the same election as was in effect for him in the last preceding Plan Year in which he made an election; and if no such election is on file from a preceding Plan Year, he shall be deemed to have elected to receive coverage under the Health Plan until such time as his deemed election is revoked or changed in accordance with Section (c) below.
(c) Revocation and Change of Election. Prior to the end of the election period designated by the Director of Finance for completion of a Plan election form (in accordance with Section (b) above), a Participant may change or revoke his election for the upcoming Plan Year by filing a new election form. After such date, may change his election only if his change is prospective and:
(1) A. Is prompted by and consistent with a change in family status; or
B. Caused by a significant change in the health care coverage of the Participant or the Participant's spouse which is attributable to the spouse's employment; and
(2) Is consistent with and permitted under the terms of the Health Plan.
A change in family status includes, but is not limited to, the following: the marriage or divorce of the Participant, the death of the Participant's spouse or dependent, the birth or adoption of a child of the Participant, the termination of employment (or the commencement of employment) of the Participant's spouse, the switching from part-time to full-time employment status or from full-time to part-time status by the Participant or the Participant's spouse, and the taking of an unpaid leave of absence by the Participant or the Participant's spouse. The Plan Administrator shall have discretion to determine whether other circumstances constitute a change in family status; provided, however, that in the discretion of the Plan Administrator, it is reasonably believed that such circumstances constitute a change in family status under the Treasury Regulations under Code Section 125.
(Ord. 94-39. Passed 6-6-94.)