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7.2 DEFINITIONS <br />For the purposes of this Article and the Cafeteria Plan the terms below shall have <br />the following meaning: <br />(a) "Dependent Care Assistance Account" means the account <br />established for a Participant pursuant to this Article to which part of his Cafeteria <br />Plan Benefit Dollars may be allocated and from which Employment - Related <br />Dependent Care Expenses of the Participant may be reimbursed. <br />(b) "Dependent Care Assistance Program" means the program of <br />benefits contained in this Article, which provides for the reimbursement of eligible <br />expenses for the care of the Qualifying Dependents of Participants. <br />(c) "Earned Income" means earned income as defined under Code <br />Section 32(c)(2), but excluding such amounts paid or incurred by the City for <br />dependent care assistance to the Participant. <br />(d) "Employment- Related Dependent Care Expenses" means the <br />amounts paid for expenses of a Participant for those services which if paid by the <br />Participant would be considered employment related expenses under Code <br />Section 21(b)(2). Generally, they shall include expenses for household services <br />and for the care of a Qualifying Dependent, to the extent that such expenses are <br />incurred to enable the Participant to be gainfully employed for any period for <br />which there are one or more Qualifying Dependents with respect to such <br />Participant. Employment - Related Dependent Care Expenses are treated as <br />having been incurred when the Participant's Qualifying Dependents are provided <br />with the dependent care that gives rise to the Employment - Related Dependent <br />Care Expenses, not when the Participant is formally billed or charged for, or pays <br />for the dependent care. The determination of whether an amount qualifies as an <br />Employment - Related Dependent Care Expense shall be made subject to the <br />following rules: <br />(1) If such amounts are paid for expenses incurred outside the <br />Participant's household, they shall constitute Employment - Related <br />Dependent Care Expenses only if incurred for a Qualifying Dependent as <br />defined in Section 7.2(e)(1) (or deemed to be, as described in Section <br />7.2(e)(1) pursuant to Section 7.2(e)(3)), or for a Qualifying Dependent as <br />defined in Section 7.2(e)(2) (or deemed to be, as described in Section <br />7.2(e)(2) pursuant to Section 7.2(e)(3)) who regularly spends at least 8 <br />hours per day in the Participant's household; <br />(2) If the expense is incurred outside the Participant's home at a <br />facility that provides care for a fee, payment, or grant for more than 6 <br />individuals who do not regularly reside at the facility, the facility must <br />comply with all applicable state and local laws and regulations, including <br />licensing requirements, if any; and <br />(3) Employment - Related Dependent Care Expenses of a Participant <br />shall not include amounts paid or incurred to a child of such Participant <br />who is under the age of 19 or to an individual who is a dependent of such <br />Participant or such Participant's Spouse. <br />(e) "Qualifying Dependent" means, for Dependent Care Assistance <br />Program purposes, <br />__ .f... <br />