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CLERK OF THE CIRCUIT COURT OF INDIAN RIVER COUNTY FLEXIBLE BENEFIT PLAN <br /> INTRODUCTION <br /> The Employer has amended this Plan effective October 01 , 2004. The concept of <br /> this Plan is to allow Employees to choose among different types of benefits based on their own <br /> particular goals , desires and needs . This Plan is a restatement of a Plan which was originally <br /> effective on January 01 , 1995 . The Plan shall be known as Clerk of the Circuit Court of Indian <br /> River County Flexible Benefit Plan (the " Plan " ) . <br /> The intention of the Employer is that the Plan qualify as a " Cafeteria Plan " within <br /> the meaning of Section 125 of the Internal Revenue Code of 1986 , as amended , and that the <br /> benefits which an Employee elects to receive under the Plan be includible or excludable from <br /> the Employee's income under Section 125(a ) and other applicable sections of the Internal <br /> Revenue Code of 1986 , as amended . <br /> ARTICLE I <br /> DEFINITIONS <br /> 1 . 1 "Administrator" means the individual( s ) or corporation appointed by the Employer <br /> to carry out the administration of the Plan . The Employer shall be empowered to appoint and <br /> remove the Administrator from time to time as it deems necessary for the proper administration <br /> of the Plan . In the event the Administrator has not been appointed , or resigns from a prior <br /> appointment , the Employer shall be deemed to be the Administrator. <br /> 1 . 2 "Affiliated Employer" means the Employer and any corporation which is a <br /> member of a controlled group of corporations ( as defined in Code Section 414( b ) ) which <br /> includes the Employer; any trade or business (whether or not incorporated ) which is under <br /> common control ( as defined in Code Section 414( c )) with the Employer; any organization <br /> (whether or not incorporated ) which is a member of an affiliated service group ( as defined in <br /> Code Section 414( m ) ) which includes the Employer; and any other entity required to be <br /> aggregated with the Employer pursuant to Treasury regulations under Code Section 414(0 ) . <br /> 1 . 3 " Benefit" means any of the optional benefit choices available to a Participant as <br /> outlined in Section 4 . 1 . <br /> 1 . 4 " Cafeteria Plan Benefit Dollars " means the amount available to Participants , <br /> pursuant to Article III , to purchase Benefits . Each dollar contributed to this Plan shall be <br /> converted into one Cafeteria Plan Benefit Dollar. <br /> 1 . 5 " Code " means the Internal Revenue Code of 1986 , as amended or replaced from <br /> time to time . <br /> 1 . 6 " Compensation " means the amounts received by the Participant from the <br /> Employer during a Plan Year. <br /> 1 . 7 " Dependent" means any individual who qualifies as a dependent under an <br /> Insurance Contract or under Code Section 152 ( as modified by Code Section 105 ( b ) ) . <br /> 1 . 8 " Effective Date " means January 01 , 1995 . <br /> 1 . 9 " Election Period " means the period immediately preceding the beginning of each <br /> Plan Year established by the Administrator, such period to be applied on a uniform and <br /> 1 <br />