(a) Cafeteria Plan Benefits Limited. This Plan shall in no way provide for or otherwise pay for any health benefit that an Employee or Dependent may be entitled to receive under the terms of the Health Plan. The sole benefit provided by this Plan is additional cash compensation in lieu of Health Plan coverage.
(b) Claims. Any Employee who has a claim with respect to this Plan shall present such claim in writing to the Plan Administrator. The Plan Administrator shall review such claims and respond in writing within 60 days; provided, however, that such review shall also be made in accordance with the terms of any applicable collective bargaining agreement. All claims for medical benefits under the Health Plan shall be filed in accordance with the terms of the Health Plan and any insurance or other provider contract relating thereto.
(c) Other Compensation Based Benefits. Unless otherwise indicated by the City, additional cash compensation received under this Plan shall not be included in salary or wages of a Participant for purposes of determining his daily rate of pay, adjustments due to absence, fringe benefits or other benefits of employment, including, without limitation, the determination of the Participant's compensation which is to be included for purposes of determining required contributions to the Ohio retirement system which covers such Participant.
(d) Tax Matters. The Employer shall pay and withhold all federal, state and local income, employment and other taxes and file and provide W-2 forms and other forms as it is required to do by law. Although this Plan is intended to comply with the requirements of Section 125 of the Code, the Employer does not guarantee any income or employment tax consequences resulting from a Participant's participation in this Plan.
(e) Employment Rights. The adoption and maintenance of the Plan shall not be deemed to constitute a contract of continuing employment between the Employer and any Participant Nothing contained herein shall be construed to give any Participant the right to be retained in the employment of the Employer or to interfere with the right of the Employer to terminate the employment of any Participant in accordance with applicable law.
(f) Governing Law. The Plan shall be construed and enforced in accordance with the laws of the State of Ohio.
(g) Gender, Plurals. The masculine pronoun, whenever used herein, shall refer to either the masculine or the feminine, and the singular shall include the plural and vice versa unless otherwise clear from the context.
(Ord. 94-39. Passed 6-6-94.)