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nondiscriminatory basis for all Employees and Participants. However, an Employee's initial <br />Election Period shall be determined pursuant to Section 5.1. <br />1.10 "Eligible Employee" means any Employee who has satisfied the provisions of <br />Section 2.1. <br />An individual shall not be an "Eligible Employee" if such individual is not reported <br />on the payroll records of the City as a common law employee. In particular, it is expressly <br />intended that individuals not treated as common law employees by the City on its payroll <br />records are not "Eligible Employees" and are excluded from Plan participation even if a court or <br />administrative agency determines that such individuals are common law employees and not <br />independent contractors. <br />1.11 "Employee" means any person who is employed by the City. The term Employee <br />shall include leased employees within the meaning of Code Section 414(n)(2). <br />1.12 "City" means City of Redwood City and any successor which shall maintain this <br />Plan; and any predecessor which has maintained this Plan. <br />1.13 "City Contribution" means the contributions made by the City pursuant to Section <br />3.1 to enable a Participant to purchase Benefits. These contributions shall be converted to <br />Cafeteria Plan Benefit Dollars and allocated to the funds or accounts established under the Plan <br />pursuant to the Participants' elections made under Article V. <br />1.14 "Insurance Contract" means any contract issued by an Insurer underwriting a <br />Benefit. <br />1.15 "Insurer" means any insurance company that underwrites a Benefit under this <br />Plan or, with respect to any self- funded benefits, the City. <br />1.16 "Key Employee" means an Employee described in Code Section 416(1)(1) and <br />the Treasury regulations thereunder. <br />1.17 "Participant" means any Eligible Employee who elects to become a Participant <br />pursuant to Section 2.3 and has not for any reason become ineligible to participate further in the <br />Plan. <br />1.18 "Plan" means this instrument, including all amendments thereto. <br />1.19 "Plan Year" means the 12 -month period beginning January 1 st and ending <br />December 31 st. The Plan Year shall be the coverage period for the Benefits provided for under <br />this Plan. In the event a Participant commences participation during a Plan Year, then the initial <br />coverage period shall be that portion of the Plan Year commencing on such Participant's date of <br />entry and ending on the last day of such Plan Year. <br />1.20 "Premium Expenses" or "Premiums" mean the Participant's cost for the self - <br />funded Benefits described in Section 4.1. <br />1.21 "Premium Reimbursement Account" means the account established for a <br />Participant pursuant to this Plan to which part of his Cafeteria Plan Benefit Dollars may be <br />allocated and from which Premiums of the Participant shall be paid or reimbursed. If more than <br />one type of insured or self- funded Benefit is elected, sub - accounts shall be established for each <br />type of insured or self- funded Benefit. <br />2 <br />