FAIRMONT CITY COUNCIL REGULAR MEETING TUESDAY, APRIL 22, 2025 7:00 P.M. COUNCIL CHAMBERS PUBLIC SAFETY BUILDING 500 QUINCY STREET FAIRMONT, WEST VIRGINIA AGE NDA I. CALL TO ORDER - Mayor Bolyard II. ROLL CALL OF MEMBERS = Janet L. Keller, City Clerk III. OPENING CEREMONIES A. rayer/Meditation - Isaac Harman B. Pledge Of Allegiance = Councilmember Warner C. Proclamation - Child Abuse Prevention Awareness Month D. Proclamation = Sexual Assault Awareness Month IV. APPROVAL OF MINUTES Regular Meeting = April 8, 2025 Levy Meeting = April 15, 2025 V. PUBLIC HEARINGS AND ANNOUNCEMENTS A. PUBLIC HEARINGS = no public hearings are scheduled B. ANNOUNCEMENTS VI. CITIZENS PETITIONS VII. CITY MANAGER'S REPORT - Travis L. Blosser, City Manager VIII. CONSIDERATION OF COUNCIL BUSINESS A. PENDING BUSINESS No pending business B. NEW BUSINESS 1. Introduction, First Reading, Set Public Hearing, An Ordinance Authorizing The Renewal Of A Certain Letter Of Credit, No 2001- 525, In An Amount Not TO Exceed $750,000.00, Issued By WesBanco Bank To The City Of Fairmont For Purposes Of Satisfying A Portion Of The Self-Insured Security And Insurance Requirements Of The West Virginia Workers' compensation Act For Fiscal Year 2025-2026. 2. Adoption, A Resolution Of The Council Of The City Of Fairmont Authorizing The Disposition Of Certain Personal Property Of The City Of Fairmont, Namely A Green And Tan Dog Park Kit, By Transfer Of Same To The Marion County Parks And Recreation Commission (MCPARC), An Instrumentality Of The Marion County Commission, A Statutory Public Corporation, For Use At The East Marion Dog Park, Which Is Located In The Corporate Limits Of The City Of Fairmont. 3. Adoption, A Resolution Of The Council Of The City Of Fairmont, West Virginia, Authorizing The Adoption Of The City Of Fairmont Flexible Benefit Plan (Cafeteria Plan) To Be Effective July 1, 2025; Ratification. 4. Adoption, A Resolution Of The Council Of The City Of Fairmont Appointing Jeffery W. Lilly, Esq., Municipal Judge For The City Of Fairmont For A Term Of Four Years Commencing July 1, 2025, And Until June 30, 2029. IX. ADJOURNMENT MINUTES 4/8/25 April 8, 2025 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 8th day of April, 2025, at the Public Safety Building located at 500 Quincy Street in Fairmont, West Virginia. Mayor Bolyard called the meeting to order. Roll call of members was taken by the City Clerk. Councimembers present were: First District Joshua D. Rice Second District Anne E. Bolyard Third District Rebecca Moran Fifth District Charles "Chuck" Warner Sixth District Daniel "Dan" Weber Seventh District Julia "Julie" Sole Eighth District Bruce McDaniel Ninth District Kandice "Kandi" Nuzum Absent: Fourth District Anthony T. Horton Also present were: City Manager Travis L. Blosser City Clerk Janet L. Keller City Attorney Kevin V. Sansalone Finance Director Priscilla A. Hamilton Marketing Manager David A. Kirk IN RE: COUNCILMEMBER HORTON EXCUSED Mayor Bolyard made a motion to excuse Councilmember Horton. The motion was seconded by Councilmember McDaniel. The Mayor declared Councilmember Horton excused by voice vote of Council. IN RE: OPENING CEREMONIES Ken Wright gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Warner. 1 I IN RE: FAIR HOUSING PROCLAMATION PRESENTED Mayor Bolyard presented a proclamation to Christal Crouso with the Fairmont- Morgantown Housing Authority in recognition of April being named Fair Housing Month. Ms. Crouso thanked City Council for their continued efforts to support Fair Housing in the City of Fairmont and the Fair Housing Act. APPROVAL OF MINUTES Mayor Bolyard noted that each member of Council had received a copy of the minutes from the Regular Meeting held on March 25, 2025. She asked if there were any corrections, deletions, or amendments. Councilmember McDaniel moved to approve the March 25, 2025 Regular Meeting minutes as submitted. The motion was seconded by Councilmember Sole. The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR AND AUTHORIZING THE PURCHASE OF A CERTAIN PARCEL OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, UNION DISTRICT, MARION COUNTY, WEST VIRGINIA, TO-WIT: 0.067 AC MERCHANT ST (WM GRAY PUR) (PLAT 1122-80) MAP 7 PARCEL 0008 0000 0000 FROM STANLEY M. SEARS; APPROVING THE FORM OF THE TRANSACTIONAL DOCUMENTS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER THEM ON BEHALF OF THE CITY OF FAIRMONT. Pursuant to a notice duly published in the Times-West Virginian on March 28, 2025, a public hearing was convened to obtain citizen input on an ordinance authorizing the purchase of real estate located on Merchant Street from Stanley M. Sears. The Mayor asked if anyone present desired to speak to the proposed 2 ordinance. Councimember Weber spoke against the proposed ordinance. He said that Stanley Sears is a lifelong friend of his and he is not opposed to Mr. Sears receiving money for his property, however, he is opposed to the amount of money that the City has obligated itself to in purchasing the property. He went on to say that it is not even an acre of ground, it is 0.067 of an acre and is a very small amount of property for the amount of money that we are purchasing. He said that Council really needs to think about that amount of money, it is a lot of money, in his opinion and a lot of people in the City feel the same. We are elected to the City Council in part to be a fiduciary of the citizens of Fairmont, the taxpayers, dollars that we receive. As fiduciaries, we are responsible for how we spend the money that we have received and that we need to be a little more frugal with the dollars that we have in the City. He went on to say that he has no idea what is going to happen to our monetary situation in this country but as of tomorrow morning, if you have grandchildren and you want to buy them a toy, you are going to pay 104% more for that toy than you would have today. He said that 104% is a tremendous amount of money to buy for your children. Councilmember Weber said that we need to think about this purchase, even though the County government has included $25,000 of their monies to the purchasing of this property. He added that it is going to cost a great deal more than $125,000 for the destruction of the building, the landscaping of the area, the repairing of the wall, it will probably be closer to $200,000 at the end. He said that he looked at the property and looked at the large billboard that also faces Morgantown Avenue. He asked if the City was buying that billboard or how to we work with that billboard because if the billboard is still there, then we really cannot see the property. He stated that he is opposed to spending City money SO that the County can reap the benefits of Palatine Park. Palatine Park has been in his crawl since the transfer of that property to the County. He told Council that we need to look at this a little further than today and he does not think Council was informed on everything when they had the meeting about this in Executive Council several weeks ago. The amount of money is far greater than $125,000 and as of today, looking at where the finances are, not only in the federal government, state government and the city government, but he really worries about the future and he is very concerned about that amount of money. He said that it would certainly be no conflict of interest to him to agree to it but he personally has looked over the figures and has researched the figures and he has studied the figures at length and he does not see how this procurement of this property is going to affect the citizens of Fairmont in a positive way, the County government, yes, but the City government, no. He closed by saying, at this point, he is opposed to this ordinance and perhaps somebody could persuade him to change his mind. 3 Councilmember Moran thanked staff for the work that they put into it and it was above and beyond. She also stated that she was thankful for the information that was provided well ahead of time because she had some really strong feelings about this. She said that having that information way a head of time left her time to reflect on what is best for the future of Fairmont. She went on to say that she has done a complete 180 from her initial gut reaction of it and she thinks that moving forward with this is best for the future of Fairmont. She drives down Merchant Street and sees all of the progress that is there and taking care of this thing that has been a problem for a really long time is going to be in the best interest of the City. Councilmember Warner asked what the Fair Market Price is for this property. He then asked if it has been appraised. Mr. Blosser replied no, we do not have an appraisal on this property, this was part of the settlement discussions we had with that property. There being no one else to speak, the public hearing was called to a close at 7:13 p.m. ANNOUNCEMENTS IN RE: ARTS AND HUMANITIES AWARDS CEREMONY Councimember Moran reported that the Arts and Humanities Commission is having their annual awards ceremony on Sunday, April 13th, at 2:00 p.m. at Central Christian Church on Big Tree Drive. It is free and will be a really good event. IN RE: CONDOLENCES TO THE HORTON FAMILY Councilmember Warner extended his condolences to the Horton family. Councimember McDaniel also expressed his condolences to Councilmember Horton and his family. IN RE: FAIRMONT LITTLE LEAGUE Councilmember Sole reported the following: In this county, we have started a middle school baseball league for the first time ever. They have middle school baseball being represented at East Fairmont, West Fairmont, and in the North feeder area and this was a really big deal that a lot of people came together and put together these teams for the middle school baseball players who upon leaving 4 little league did not have a league to play in before they enter high school. Fairmont's Little League opening day is Saturday, April 12th. She said it will be a great event. There will be food trucks, raffles, fireworks and will be a wonderful celebration to highlight all of the good work that has been done in the renovations to Mary Lou Retton Park. IN RE: NATIONAL DAY OF PRAYER Counciimember Nuzum announced that National Day of Prayer will be held on Thursday, May 1st, at Palatine Park. She said that from 5:00 p.m. to 6:00 p.m. there is will be activities for kids, free food and water and the prayer event begins at 6:00 p.m. IN RE: LEVY MEETING The Mayor reminded everyone that Council will reconvene at 4:30 p.m. on Tuesday, April 15th to approve the Levy rates for the next fiscal year. CITIZENS PETITIONS IN RE: MARION COUNTY PUBLIC LIBRARY LARISSA CASON, Executive Director of the Marion County Public Library, presented Council with an update of the Library. She said that this week is National Library Week, which is April 6th to 12th, and is the perfect time to talk about the library. She went over a list of services that the library offers including Wi-Fi hotspots, telescopes, gardening tools, kitchen tools, puzzles, and board games. She said that they offer a lot of children programs, toddler times, a baby time, two story hours, and a summer reading program. The library is a true community hub and they offer coffee, card and conversation which is for ages 55 and up, table games every Wednesday night, numerous book clubs, informational programs, and free notary service. Ms. Cason went on to say that the carpet in the main floor of the library was replaced last week and she said it looks really beautiful. She mentioned that they are looking at doing a ramp to the side entrance SO the lower level is completely accessible which it is not currently. She then reminded Council that the City does appoint two people to their Board of Trustees and one seat is coming open July 1st SO they are working to get applicants to submit their application for the board. Councilmember Sole thanked Ms. Cason for everything that she does and said that we are very fortunate to have the Marion County Public Library system in 5 our community. Ms. Cason thanked everyone for voting on the Levy. She mentioned that election will be coming up in May of 2026. IN RE: FRANK-N-STEIN CRAFT BEER AND HOT DOG FESTIVAL JAMES KANE, President and CEO of Stone Tower Coffee Roasters and President of Main Street Fairmont Board, addressed Council regarding the Frank-N-Stein Craft Beer and Hot Dog Festival to be held in downtown Fairmont on Saturday, November 1, 2025. He said that it was sponsored by Main Street Fairmont, in conjunction with the Marion County Chamber of Commerce. He said that the partnership between the City and Main Street Fairmont has never been stronger and he cannot say how much they value having an administration and Council that are as committed to seeing our downtown community thrive and are not afraid to have grand visions of what that looks like and also sharing the work in making it a reality. Mr. Kane said that for nearly a decade, he has pitched this idea to anybody that would listen. He said a festival combining the ever-growing craft beer movement with the culinary delight that is the hot dog. He said in 2024, they were able to put together a collaborative team from Main Street Fairmont and the Marion County Chamber of Commerce to pull off the inaugural Frank-N-Stein Festival. He went on to say that they sold 635 tickets which resulted in about 800 people between attendees and volunteers and these people were there for up to four hours. They had 12 breweries represented and seven food and drink vendors in 2024 and in 2025 they are looking to build upon the successes of last year with more breweries and food vendors already hoping to join them. He then thanked Council for their unwavering support. CITY MANAGER'S REPORT IN RE: CLOSURE OF NOVELIS Mr. Blosser said this is our first Council meeting since the announcement of the closing of the Novelis Corporation. He noted this was a huge loss to our community. He said that along side Deputy Mayor Rice and the other employees, his thoughts and prayers are with all of the employees. IN RE: MON POWER - STREET LIGHTS The City Manager announced he had a meeting and discussion with Mon Power relating to street lights and a program they have to replace some of our existing lights with LED lights. He said that they will be picking a couple areas with Mon Power to do a trial run on what those look like. He mentioned as 6 lights burn out, they will them replace them with the LED lights. IN RE: HISTORY EXPO AT COURT HOUSE The City Manager reported that our team at the City participated in the History Expo at the Court House on March 29th hosted by the Marion County Historic Society. IN RE: RFP FOR SOLID WASTE Mr. Blosser announced that he is currently working on final aspects of the draft of the RFP for Solid Waste services. He noted that he will share that with Council prior to it being issued to get their feedback. IN RE: ROTARY DONATION FOR MORGANTOWN AVENUE MINI PARK The Manager reported that he had an opportunity to speak at the Fairmont Rotary specifically talking with them about the upcoming budget for Morgantown Avenue Mini Park. He announced that Fairmont Rotary's intention is to invest, alongside the City of Fairmont, a significant amount of dollars into that park project. He added that City dollars are important to get projects moving but we will also work with other outside parties related to bringing in dollars to support these projects. IN RE: PRIME 6 Mr. Blosser announced that Prime 6 has been seen in the area and the Shark Tank episode will be airing this Friday, April 11th, at 8:00 p.m. He explained that episode was primarily filmed here in Fairmont related to that groundbreaking event. In the next couple of months, they are hoping to have a soft launch of their operations. IN RE: BOX FACTORY DEMO DAY Mr. Blosser reported that the box Factory Demo Day is next Monday, April 14th at 11:00 a.m. We are pleased that the Department of Environmental Protection Cabinet Secretary will be on hand who also provided a significant amount of dollars towards that demolition effort. We are excited to host him in the City and move forward on that project. IN RE: FY23-24 AUDIT REPORT PRISCILLA HAMILTON, Finance Director, spoke regarding the Audit Report ending June 30, 2024. She said that FY23-24 Audit was performed by Tetrick 7 and Bartlett, LLC. There were no adjusting entries and no findings in their audit. She said that a copy of the Audit was presented to each Councilmember. She also noted that a copy of the Audit is available on the City's website for the public's review. She also mentioned that each Councimember received a copy of two questionnaires to complete. She asked each Councilmember to complete the forms and give back to her at the end of the meeting. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR AND AUTHORIZING THE PURCHASE OF A CERTAIN PARCEL OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, UNION DISTRICT, MARION COUNTY, WEST VIRGINIA, TO-WIT: 0.067 AC MERCHANT ST (WM GRAY PUR) (PLAT 1122-80) MAP 7 PARCEL 0008 0000 0000 FROM STANLEY M. SEARS; APPROVING THE FORM OF THE TRANSACTIONAL DOCUMENTS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER THEM ON BEHALF OF THE CITY OF FAIRMONT. The City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance authorizing the purchase of real estate located on Merchant Street from Stanley M. Sears. Motion: Councilmember Warner moved for the adoption of the proposed ordinance. Councilmember Sole seconded the motion. Roll call was taken by the Clerk and the following votes were recorded: Councilmember Rice Yes Councilmember Nuzum Yes Councimember Sole Yes Councimember Moran Yes Councilmember McDaniel Yes Councilmember Weber No Councilmember Warner Yes Mayor Bolyard Yes The Mayor declared the ordinance adopted by majority vote of those Councilmembers present and the ordinance designated as Ordinance No. 2072 was duly adopted. 8 IN RE: ADOPTION, RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT ENDORSING THE FRANK-N-STEIN CRAFT BEER AND HOT DOG FESTIVAL SPONSORED BY MAIN STREET FAIRMONT, IN CONJUNCTION WITH THE MARION COUNTY CHAMBER OF COMMERCE, TO BE HELD IN THE CITY OF FAIRMONT'S DOWNTOWN HISTORIC DISTRICT ON SATURDAY, NOVEMBER 1, 2025. The City Clerk read the proposed resolution by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of a resolution endorsing the Frank-N-Stein Craft Beer and Hot Dog Festival sponsored by Main Street Fairmont, in conjunction with the Marion County Chamber of Commerce, on November 1, 2025. Motion: Councimember McDaniel moved for the adoption of the proposed resolution. Councimember Sole seconded the motion. Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of those Councilmembers present. ADJOURNMENT The Mayor entertained a motion for adjournment. Motion: Councimember Sole moved to adjourn the meeting. The motion was seconded by Counciimember McDaniel. The Mayor declared the meeting adjourned by voice vote of Council at 7:32 p.m. 9 MINUTES 4/15/25 April 15, 2025 The Adjourned Meeting of the City Council of the City of Fairmont was held at 4:30 p.m. on the 15th day of April, 2025, at the Public Safety Building located at 500 Quincy Street, Fairmont, West Virginia. Mayor Bolyard called the meeting to order. Roll call was taken by the City Clerk. Councimembers present were: Second District Anne E. Bolyard Third District Rebecca Moran Fifth District Charles "Chuck" Warner Sixth District Daniel "Dan" Weber Seventh District Julia "Julie" Sole Eighth District Bruce McDaniel Ninth District Kandice "Kandi" Nuzum Absent: First District Joshua D. Rice Fourth District Anthony T. Horton Also present were: City Manager Travis L. Blosser City Clerk Janet L. Keller Finance Director Priscilla A. Hamilton PUBLIC HEARING IN RE: A RESOLUTION APPROVING RATES OF LEVY LAID BY THE CITY OF FAIRMONT, MARION COUNTY, AND APPROVED BY THE STATE TAX COMMISSIONER FOR MUNICIPAL PURPOSES FOR THE FISCAL YEAR BEGINNING JULY 1, 2025 IN ACCORDANCE WITH CHAPTER 11, ARTICLE 8 OF THE WEST VIRGINIA CODE, AS AMENDED Pursuant to a notice duly published in the Times-West Virginian, on March 28, 2025 and April 4, 2025, Mayor Bolyard convened a public hearing to obtain citizen input on a resolution to approve the levy rates for July 1, 2025. Mayor Bolyard asked if anyone present wished to speak in favor of or in opposition to the proposed resolution. Ms. Hamilton spoke in favor of the proposed resolution. She said the proposed resolution is the final step to complete five months of work. It sets the levy rates for the ad valorum taxes and finalizes the budget for FY 2026. She thanked Council for their support and input during the budget process. There being no one else to speak to the proposed Levy, the public hearing was called to a close at 4:32 p.m. CONSIDERATION OF COUNCIL BUSINESS IN RE: A RESOLUTION APPROVING RATES OF LEVY LAID BY THE CITY OF FAIRMONT, MARION COUNTY, AND APPROVED BY THE STATE TAX COMMISSIONER FOR MUNICIPAL PURPOSES FOR THE FISCAL YEAR BEGINNING JULY 1, 2025 IN ACCORDANCE WITH CHAPTER 11, ARTICLE 8 OF THE WEST VIRGINIA CODE, AS AMENDED The Clerk read the proposed resolution by synopsis. Mayor Bolyard entertained a motion for the adoption of a resolution approving the Levy Rates for the fiscal year beginning July 1, 2025. Motion: Councilmember Warner moved for the adoption of the resolution and Councilmember Weber seconded the motion. Discussion: The Mayor commended all of the work that has been going on for months to bring this before Council this evening. She stated it was greatly appreciated. Roll call was taken by the Clerk. Mayor Bolyard declared the resolution adopted by unanimous vote of those Councilmembers present. 2 ADJOURNMENT Mayor Bolyard entertained a motion for adjournment. Motion: Councilmember McDaniel moved to adjourn the meeting. Councilmember Nuzum seconded the motion. Mayor Bolyard declared the meeting adjourned by voice vote of Council at 4:34 p.m. 3 PUBLIC HEARINGS NO PUBLIC HEARINGS ARE SCHEDULED FOR THIS MEETING ITEM 1 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE RENEWAL OF A CERTAIN LETTER OF CREDIT, NO 2001-525, IN AN AMOUNT NOT TO EXCEED $750,000.00, ISSUED BY WESBANCO BANK TO THE CITY OF FAIRMONT FOR PURPOSES OF SATISFYING A PORTION OF THE SELF-INSURED SECURITY AND INSURANCE REQUIREMENTS OF THE WEST VIRGINIA WORKERS' COMPENSATION ACT FOR FISCAL YEAR 2025-2026 SYNOPSIS By this proposed ordinance, the Council for the City of airmont authorizes and approves the renewal of the WesBanco Bank Irrevocable Letter of Credit, No. 2001-525, in amount not to exceed $750,000.00, and further authorizes the City Manager, or his designee, to do all things reasonable and necessary to in connection therewith, including full power and authority to execute and deliver, on behalf of the City of Fairmont, any and all necessary documents and to pay any and all necessary premiums. The Irrevocable Letter of Credit fulfills a portion of the City's self- insurance requirements under the West Virginia Workers' Compensation Act to provide security and insurance to protect against the risks associated with injuries arising in the course and scope of employment, including the risk of catastrophic injury. The final amount of the letter of credit will be fixed by supplemental resolution of Council as directed by the State of West Virginia Worker's Compensation Division predicated upon an audit of the City's account. ORDINANCE NO. AN ORDINANCE AUTHORIZING THE RENEWAL OF A CERTAIN LETTER OF CREDIT, NO 2001-525, IN AN AMOUNT NOT TO EXCEED $750,000.00, ISSUED BY WESBANCO BANK TO THE CITY OF FAIRMONT FOR PURPOSES OF SATISFYING A PORTION OF THE SELF-INSURED SECURITY AND INSURANCE REQUIREMENTS OF THE WEST VIRGINIA WORKERS' COMPENSATION ACT FOR FISCAL YEAR 2025-2026. WHEREAS, the City of Fairmont, hereinafter City, employs on an average of approximately 200 full time employees. WHEREAS, the City is an "employer" within the meaning of and as defined by West Virginia Code $23-2-1, the West Virginia Workers' Compensation Act, and is required to subscribe to the Workers' Compensation Fund for the protection of its employees. WHEREAS, in order to fulfill its obligation under West Virginia Code $23- 2-1, the City in 1986, pursuant to the provisions of West Virginia Code $23- 2-9, applied for and received permission from the Fund and has continuously been self-insured regarding its workers' compensation risk, including the risk of catastrophic injury. WHEREAS, after the payment of all claims, premiums and costs, the City's self-insurance practices have resulted in average annual surpluses for many years. WHEREAS, the City, in order to satisfy a portion of the self-insurance requirements of the Fund, has historically provided an irrevocable letter of credit issued by WesBanco Bank, being Irrevocable Letter of Credit No. 2001- 525, the amount of which letter of credit is subject to annual determination by the State of West Virginia Worker's Compensation Division predicated upon an audit of the City's account. WHEREAS, West Virginia Code $8-11-3 provides that the action of a governing body which authorizes the issuance of any form of indebtedness shall be by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL FOR THE CITY OF FAIRMONT THAT: SECTION 1. The Council for the City of Fairmont does hereby authorize and approve the renewal of WesBanco Bank Irrevocable Letter of Credit No. 2001-525, upon its maturity date of June 30, 2025, in an amount not to exceed $750,000.00. SECTION 2. The City Manager or his designee, on behalf of the City of Fairmont, be and is hereby authorized and empowered to act in accordance with law and to do all things reasonable and necessary to in connection with said Irrevocable Letter of Credit, including full power and authority to execute and deliver, on behalf of the City of Fairmont, any and all necessary documents and to pay any and all necessary premiums relating thereto. SECTION 3. The final amount of the letter of credit shall be fixed by supplemental resolution of Council as directed by the State of West Virginia Worker's Compensation Division predicated upon an audit of the City's account. Passed this the day of 2025. MAYOR ATTEST: CITY CLERK ITEM 2 RESOLUTION A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT AUTHORIZING THE DISPOSITION OF CERTAIN PERSONAL PROPERTY OF THE CITY OF FAIRMONT, NAMELY A GREEN AND TAN DOG PARK KIT, BY TRANSFER OF SAME TO THE MARION COUNTY PARKS AND RECREATION COMMISSION (MCPARC), AN INSTRUMENTALITY OF THE MARION COUNTY COMMISSION, A STATUTORY PUBLIC CORPORATION, FOR USE AT THE EAST MARION DOG PARK, WHICH IS LOCATED IN THE CORPORATE LIMITS OF THE CITY OF FAIRMONT. SYNOPSIS This proposed resolution, Council authorizes the transfer of the personal property identified in the ordinance title to MCPARC for use in providing services at East Marion Park. The use of the property for park services and the fact that MCPARC is / an instrumentality of the Marion County Commission, a statutory corporation, were factors considered by the City of Fairmont in providing for the transfer without monetary consideration. RESOLUTION A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT AUTHORIZING THE DISPOSITION OF CERTAIN PERSONAL PROPERTY OF THE CITY OF FAIRMONT, NAMELY A GREEN AND TAN DOG PARK KIT, BY TRANSFER OF SAME TO THE MARION COUNTY PARKS AND RECREATION COMMISSION (MCPARC), AN INSTRUMENTALITY OF THE MARION COUNTY COMMISSION, A STATUTORY PUBLIC CORPORATION, FOR USE AT THE EAST MARION DOG PARK, WHICH IS LOCATED IN THE CORPORATE LIMITS OF THE CITY OF FAIRMONT. WHEREAS, the City of Fairmont is the owner of one green and tan dog park kit, which was purchased for the establishment of a dog park at one of the City's existing parks. WHEREAS, based on oral community feedback it has been determined that the establishment of an additional dog park in the corporate limits is unnecessary. WHEREAS, MCPARC performs a public function and is an instrumentality of the Marion County Commission, a statutory public corporation, created pursuant to the provisions of West Virginia Code $7-1-1 et seq. WHEREAS, West Virginia Code $8-12-18(a) provides that a municipality may dispose of its personal property by transferring it to an instrumentality of the state without considering alone the present commercial or market value of such property. WHEREAS, the transfer of the personal property dentified in the resolution title will serve a public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL FOR THE CITY OF FAIRMONT THAT: SECTION 1. TRANSFER AUTHORIZED: The City Manager be and is hereby authorized to transfer one (1) green and tan dog park kit to MCPARC for use in its operations at East Marion Park. The use of the kit for park services and the fact that MCPARC is an instrumentality of the Marion County Commission, a statutory corporation, were factors considered by the City of Fairmont in providing for the transfer without monetary consideration. The City Manager be and is hereby authorized and directed to endorse and deliver for and in the name of and on behalf of the City to the MCPARC a bill of sale, and any other agreements, documents, instruments, certificates, and other papers associated therewith, and to do all acts and things as may be necessary and desirable to consummate the transaction contemplated hereby and otherwise carry out the purpose and intent of this Resolution. SECTION 2. TERMS OF SALE: The transfer of the dog park kit shall be "AS IS WITHOUT WARRANTY, EXPRESS OR IMPLIED, INCLUSIVE OF THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR USE." This Resolution shall become effective immediately. Adopted this the 22nd day of April, 2025. MAYOR ATTEST: CITY CLERK ITEM 3 RESOLUTION A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, AUTHORIZING THE ADOPTION OF THE CITY OF FAIRMONT FLEXIBLE BENEFIT PLAN (CAFETERIA PLAN) TO BE EFFECTIVE JULY 1, 2025; RATIFICATION. SYNOPSIS By this proposed resolution, the Council of the City of Fairmont provides for the approval, adoption, execution and delivery of the City of Fairmont's Flexible Benefit Plan or Cafeteria Plan Document for full time employees for the Plan Year beginning July 1, 2025. The form of the Plan is attached. This resolution further ratifies, confirms, and approves all acts taken in furtherance of the subject matter of this resolution which may been taken by the City of Fairmont prior to the adoption of same. RESOLUTION A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, AUTHORIZING THE ADOPTION OF THE CITY OF FAIRMONT FLEXIBLE BENEFIT PLAN (CAFETERIA PLAN) TO BE EFFECTIVE JULY 1, 2025; RATIFICATION. WHEREAS, the City Manager has presented and recommended the implementation of the City of Fairmont (full-time) Flexible Benefit Plan or Cafeteria Plan as authorized under Section 125 of the Internal Revenue Code of 1986, as amended, in the form attached hereto and made a part hereof. WHEREAS, Council finds it reasonable and necessary to approve and adopt said plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF FAIRMONT THAT: The form of the Cafeteria Plan Document, as authorized under Section 125 of the Internal Revenue Code of 1986, as amended, attached hereto and made a part hereof, is hereby adopted and approved, and the proper officers of the City of Fairmont, a municipal corporation, hereinafter "the Employer" be and are hereby authorized and directed to execute and deliver to the Plan Administrator(s) one or more copies of the Plan Document. The plan year shall be for the period beginning on July 1, 2025 and ending June 30, 2026. The Employer shall contribute to the Plan the amounts sufficient to meet its obligation under the Cafeteria Plan, in accordance with the terms of the Plan Document and shall notify the Plan Administrator(s) to which periods said contributions shall be applied. The proper officers of the Employer shall act as soon as possible to notify employees of the adoption of the Cafeteria Plan by delivery to each employee a copy of each of the Summary Plan Descriptions, if more than one Plan is provided, which forms are hereby approved. Any and all actions heretofore taken by the Employer in furtherance of the subject matter of this resolution, which may have been taken before the Resolution was passed, be and hereby ratified, confirmed and approved. This Resolution shall become effective upon passage. Passed this the 22nd day of April, 2025. MAYOR ATTEST: CITY CLERK THE CITY OF FAIRMONT (FULL-TIME) CAFETERIA PLAN ARTICLE I. Introductory Provisions CITY OF FAIRMONT (Full- Time) ("the Employer") hereby establishes the CITY OF FAIRMONT (Full-Time) Cafeteria Plan ("the Plan") effective 7/1/2025 ("the Effective Date"). Capitalized terms used in this Plan that are not otherwise defined shall have the meanings set forth in Article II. This Plan is designed to allow an Eligible Employee to pay for their share of Contributions under one or more Insurance Plans on a pre-tax Salary Reduction basis. This Plan is intended to qualify as "cafeteria plan" under Code S 125 and the regulations issued thereunder. The terms of this document shall be interpreted to accomplish that objective. Although reprinted within this document, the different components of this Plan shall be deemed separate plans for purposes of administration and all reporting and nondiscrimination requirements imposed on such components by the Code. ARTICLE 1. Definitions "Accident Insurance Benefits (Also includes Accidental Death & Dismemberment (AD&D)!" means the Employee's Accident/Accidental Death & Dismemberment Insurance Plan coverage for purposes of this Plan. "Accident Plan(s) (Also includes Accidental Death & Dismemberment (AD&D) Plans)" means the plan(s) that the Employer maintains for its Employees providing benefits through a group insurance policy or policies in the event of injury or accidental death and/or dismemberment. The Employer mays substitute, add, subtract, or revise at any time the menu of such plans and/or the benefits, terms, and conditions ofa any such plans. Any such substitution, addition, subtraction, or revision will be communicated to Participants and will automatically be incorporated by reference under the Plan. "Benefit" can mean, according to the context used, either Premium Payment Benefits or HSA Benefits (in the form of Contributions to. an HSA). "Benefit Package Option" means a qualified benefit under Code $ 125(f) that is offered under a cafeteria plan, or an option for coverage under an underlying accident or health plan (such as an indemnity option, an HMO option, or a PPO option under an accident or health plan). "Change in Status" has the meaning described in Section 4,6. "COBRA" means the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended. "Code" means the Internal Revenue Code of 1986, as amended. "Contributions" can mean, according to the context used, either 1) the amount contributed to pay for the cost of Benefits (including self-funded Benefits as well as those that are insured), as calculated under Section 6.2 for Premium Payment Benefits or 2) contributions to a health savings account. "Committee" means the Benefits Committee (or the equivalent thereof) of CITY OF FAIRMONT (Full-Time) Compensation" means the wages or salary paid to an Employee by the Employer, determined prior to (a) any Salary Reduction election under this Plan; (b) any salary reduction election under any other cafeteria plan; and (c) any compensation reduction under any Code 5 132()(4) plan; but determined after (d) any salary deferral elections under any Code 5 401(k), 403(b), 408(k), or 457(b) plan or arrangement. Thus, "Compensation" generally means wages or salary paid to an Employee by the Employer, as reported in Box 1 of Form W- 2, but adding back any wages or salary forgone by virtue of any election described in (a), (b), or (c) of the preceding sentence. "Dental Insurance Benefits" means the Employee's Dental Insurance Plan coverage for purposes of this Plan. "Dental Insurance Plan(s)" means the planfs) that the Employer maintains for its Employees (and for their Spouses and Dependents that may be eligible under the terms of such plan(s)) providing dental benefits through a group insurance policy or policies. The Employer may substitute, add, subtract, or revise at any time the menu of such plans and/or the benefits, terms, and conditions of any such plans. Any such substitution, addition, subtraction, or revision will be communicated to Participants and will automatically be incorporated by reference under this Plan. "Dependent" means any individual who is a tax dependent of the Participant as defined in Code S 152, with the following exceptions: (a) for purposes of accident or health coverage (to the extent funded under the Premium Payment Component, and for purposes of the Health FSA Component), (1)a a dependent is defined as in Code 5 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof; and (2) any child to whom IRS Rev. Proc. 2008- 48 applies. Furthermore, notwithstanding anything in the foregoing that may be to the contrary, a "Dependent" shall also include for purposes of any accident or health coverage provided under this plan a child of a Participant who has attained age 27 by the end of any given taxable year. "Disability Insurance Benefits" means the Employee's Disability Insurance Plan coverage for purposes of this plan. "Disability insurance Plan(s)" means the plan(s) that the Employer maintains for its Employees providing benefits through either or both a short-term or long-term disability insurance policy or policies in the event of the disability of a covered Participant. The Employer may: substitute, add, subtract, or revise at any time the menu of such plans and/or the benefits, terms, and conditions of any such plans. Any such substitution, addition, subtraction, or revision will be communicated to Participants and will automatically be incorporated by reference under this Plan, "Earned Income" means all income derived from wages, salaries, tips, self employment, and other Compensation (such as disability or wage continuation benefits), but only ifs such amounts are includible in gross income for the taxable year. Earned income does not include any other amounts excluded from earned income under Code 5 32(c)(2), such as amounts received under a pension or annuity or pursuant to workers' compensation. "Effective Date" of this Plan has the meaning described in Article 1. "Election Form/Salary Reduction Agreement" means the form provided by the Administrator for the purpose of allowing an Eligible Employee to participate in this Plan by electing Salary Reductions to pay for Premium Payment Benefits. This form may be in either paper or electronic form at the Employer's discretion in accordance with the procedures detailed in Article IV. "Eligible Employee" means an Employee eligible to participate in this Plan, as provided in Section 3.1. Employee" means an individual that the Employer classifies as a common-law employee and who is on the Employer's W-2 payrall, but does not include the following: (a) any leased employee (including but not limited to those individuals defined as leased employees in Code S 414(n)) or an individual classified by the Employer as a contract worker, independent contractor, temporary employee, or casual employee for the period during which such individual is so classified, whether or not any such individual is on the Employer's W-2 payroll or is determined by the IRS or others to be a common-law employee of the Employer; (b) anyi individual who performs services for the Employer but who is paid by a temporary or other employment or staffing agency for the period during which such individual is paid by such agency, whether or not such individual is determined by the IRS or others to be a common-law employee of the Employer; (c) any employee covered under a collective bargaining agreement; (d) any self-employed individual; (e) any partner in a partnership; () any more-than- 2% shareholder in a Subchapter S Corporation. The term 'Employee" does include "former Employees" for the limited purpose of allowing continued eligibility for benefits under the Plan for the remainder of the Plan Vear in which an Employee ceases to be employed by the Employer, but only to the extent specifically provided elsewhere under this Plan. "Employer" means CITY OF FAIRMONT (Full-Time), and any Related Employer that adopts this Plan with the approval of CITY OF FAIRMONT (Full-Time). Related Employers that have adopted this Plan, if any, are listed in Appendix. A of this Plan. However, for purposes of Articles XI and XIV and Section 15.3, "Employer" means only CITY OF FAIRMONT (Full-Time). Employment Commencement Date" means the first regularly scheduled working day on which the Employee first performs an hour of service for the Employer for Compensation. "ERISA" means the Employee Retirement Income Security Act of 1974 (a federal law that sets minimum standards for most voluntarily established retirement and health plans in private industry. ERISA does not cover plans established or maintained by governmental entities.), as amended. CITY OF FAIRMONT (Full-Time) is nots subiect to ERISA! nor does CITY OF FAIRMONT (Full-Time) adopt ERISA. Anyreferences to ERISA herein are forr reference purposes only. "FMLA" means the Family and Medical Leave Act of 1993, as amended. "Health Insurance Benefits" means any insurance benefits providing medical or other health insurance coverage through a group insurance policy or policies. "Health Savings Account (HSA)" has the meaning provided in $ 223 of the Code. High-Deductible Health Plan (HDHP)" has the meaning given in 5 223 of the Code. "HIPAA" means the Health Insurance Portability and Accountability Act of 1996, as amended. "HMO" means the health maintenance organization Benefit Package Option under the Medical Insurance Plan. "Hospital Indemnity Benefits" means the Employee's Hospital Indemnity Plan coverage for purposes of this Plan. "Hospital Indemnity Plan(s)" means the plan(s) that the Employer maintains for its Employees (and for their Spouses and Dependents that may be eligible under the terms of such plan(s)) providing certain indemnity benefits in the event of hospitalization or other similar medical event through a groupi insurance policy or policies. The employer may: substitute, add, subtract, or revise at any time the menu of such plans and/or the benefits, terms, and conditions of any such plans. Any such substitution, addition, subtraction, or revision will be communicated to Participants and will automatically be incorporated by reference under this Plan. "HRA" means a health reimbursement arrangement as defined in IRS Notice 2002-45. "Insurance Benefits" means benefits offered through the Insurance Plans. "Insurance Plan(s)" means a plan or plans offering benefits through a group insurance policy or policies. "Life Insurance Benefits" means the Employee's Life Insurance Plan coverage for purposes of this Plan. "Life Insurance Plan(s)" means the plan(s) that the Employer maintains for its Employees providing benefits through a group term life insurance policy or policies in the event of the death of a covered Participant. The Employer may substitute, add, subtract, or revise at any time the menu of such plans and/or the benefits, terms, and conditions of any such plans. Any such substitution, addition, subtraction, or revision will be communicated to Participants and wili automatically be incorporated by reference under this Plan. "Medical Insurance Benefits" means the Employee's Medical Insurance Plan coverage for purposes of this Plan. "Medical Insurance Plans" means the plan(s) that the Employer maintains for its Employees (and for their Spouses and Dependents that may be eligible under the terms of such plan), providing major medical type benefits through a group insurance policy or poliçies (with HMO and PPO options). The Employer may substitute, add, subtract, or revise at any time the menu of such plans and/or the benefits, terms, and conditions of any such plans. Any such substitution, addition, subtraction, or revision will be communicated to Participants and will automatically be incorporated by reference under this Plan. "Open Enrollment Period" with respect to a Plan Year means any period before the beginning of the Plan Year that may be prescribed by the Administrator as the period of time in which Employees who are Eligible Employees at the beginning of the Plan Year may elect benefits. Participant" means a person who is an Eligible Employee and who is participating in this Plan in accordance with the provisions of Article III. Participants include (a) those who elect one or more of the Medical Insurance Benefits and/or elect to make HSA Contributions under this Plan, or (b) those who elect instead to receive their full salary in cash and to pay for their share of their Contributions under the Medical Insurance Plan. "Period of Coverage" means the Plan Year, with the following exceptions: (a) for Employees who first become eligible to participate, it shall mean the portion oft the Plan Year following the date on which participation commences, as described in Section 3.1; and (b) for Employees who terminate participation, it: shall mean the portion of the Plan Year prior to the date on which participation terminates, as described in Section 3.2. "Plan" means the CITY OF FAIRMONT (Full-Time) Cafeteria Plan as set forth herein and as amended from time to time. "Plan Administrator" means the CITY OF FAIRMONT (Full-Time) Human Resources Manager or the equivalent thereof for CITY OF FAIRMONT (Full Time), who has the full authority to act on behalf of the Plan Administrator, except with respect to appeals, for which the Committee has the full authority to act on behalf of the Plan Administrator, as described in Section 13.1. "Plan Year" means the 12-month period commencing 07/1/2025 and ending 6/30/2026, except in the case of a short plan year representing the initial Plan Year or where the Plan Year is being changed, in which case the Plan Year shall be the entire short plan year. "PPO" means the preferred provider organization Benefit Package Option under the Medical Insurance Plan. "Premium Payment Benefits" means the Premium Payment Benefits that are paid for on a pre-tax Salary Reduction basis as described in Section 6.1. "Premium Payment Component" means the Component of this Plan described in Article VI. "QMCSO" means a qualified mediçal child support order, as defined in ERISA S 609(a). "Related Employer" means any employer affiliated with CITY OF FAIRMONT (Full-Time) that, under Code 5 414(b), $ 414(c), or 5 414(m), is treated as a single employer with CITY OF FAIRMONT (Full- Time) for purposes of Code S 125(g)(4). "Salary Reduction" means the amount by which the Participant's Compensation is reduced and applied by the Employer under this Plan to pay for one or more of the Benefits, as permitted for the applicable Component, before any applicable state and/or federal taxes have been deducted from the Participant's Compensation (i.e., on a pre-tax basis). "Specified Disease or llIness Insurance Benefits" means the Employee's Specified Disease or IIness insurance Plan coverage for purposes of this Plan. "Specified Disease or lliness Insurance Plan(s)" means the plan(s) that the Employer maintains for its Employees (and for their Spouses and Dependents that may be eligible under the terms of such plan(s)) providing certain benefits with regard to a particular critical Iness or illnesses (e.g., a "cancer policy" or the like) through a group insurance policy or polices. The Employer may: substitute, add, subtract, or revise at any time the menu of such plans and/or the benefits, terms, and conditions of any such plans. Any such substitution, addition, subtraction, or revision will be communicated to Participants and will automatically be incorporated by reference under this Plan. "Spouse" means an individual who is legally married to a Participant as determined under applicable state law (and who is treated as a spouse under the Code). "Vision Insurance Benefits" means the Employee's Vision Insurance Plan coverage for purposes of this Plan. "Vision Insurance Plan(s)" means the plan(s) that the Employer maintains for its Employees (and for their Spouses and Dependents that may be eligible under the terms of such planfs)) providing vision benefits through a group insurance policy or policies. The Employer may substitute, add, subtract, or revise at any time the menu of such plans and/or the benefits, terms, and conditions of any such plans. Any such substitution, addition, subtraction, or revision will be communicated to Participants and will automatically be incorporated by reference under this Plan. Article II. Eligibility and Participation 3.1 Eligibility to Participate An individual is eligible to participate in this Plan if the individual: (a) is an Employee; (b) is working 40 hours or more per week; and (c) has been employed by the Employer for a consecutive period of 0 days, counting their Employment Commencement Date as the first such day. Eligibility for Premium Payment Benefits may also be subject to the additional requirements, if any, specified in the Medical Insurance Plan. Once an Employee has met the Plan's eligibility requirements, the Employee may elect coverage effective the first day of the next calendar month, in accordance with the procedures described in Article IV. 3.2 Termination of Participation AI Participant will cease to be a Participant in this Plan upon the earlier of: -the termination of this Plan; or the date on which the Employee ceases (because of retirement, termination of employment, layoff, reduction of hours, or any other reason) to be an Eligible Employee. Notwithstanding the foregoing, for purposes of pre-taxing COBRA coverage certain Employees may continue eligibility for certain periods on the terms and subject to the restrictions described in Section 6.4 for Insurance Benefits. Termination of participation in this Plan will automatically revoke the Participant's elections. The Medical Insurance Benefits will terminate as of the date specified in the Medical Insurance Plan. 3.3 Participation Following Termination of Employment or Loss of Eligibility If a Participant terminates their employment for any reason, including (but not limited to) disability, retirement, layoff, or voluntary resignation, and then is rehired within 30 days or less after the date of a termination of employment, then the Employee will be reinstated with the same elections that such individual had before termination. Ifa former Participant is rehired more than 30 days following termination of employment and is otherwise eligible to participate in the Plan, then the individual may make new elections as a new hire as described in Section 3.1. Notwithstanding the above, an election to participate in the Premium Payment Component will be reinstated only to the extent that coverage under the Medical Insurance Plan (here, major medical insurance) is reinstated. If an Employee (whether or not a Participant) ceases to be an Eligible Employee for any reason (other than for termination of employment), including (but not limited to) a reduction of hours, and then becomes an Eligible Employee again, the Employee must complete the waiting period described in Section 3.1 before again becoming eligible to participate in the Plan. 3.4 FMLA Leaves of Absence (a) Health Benefits. Notwithstanding any provision to the contrary in this Plan, if a Participant goes on a qualifying leave under the FMLA, then to the extent required by the FMLA, the Employer will continue to maintain the Participant's Health Insurance Benefits on the same terms and conditions as if the Participant were still an active Employee, That is, ift the Participant elects to continue their coverage while on leave, the Employer will continue to pay its share of the Contributions. An Employer may require participants to continue all Health Insurance Benefits coverage for Participants while they are on paid leave (provided that Participants on non-FMLA paid leave are required to continue coverage). If so, the Participant's share of the Contributions shall be paid by the method normally used during any paid leave (for instance, on a pre-tax Salary Reduction basis). In the event of unpaid FMLA leave (or paid FMLA leave where coverage is not required to be continued), a Participant may elect to continue their Health Insurance Benefits during the leave. If the Participant elects to continue coverage while on FMLAI leave, then the Participant may pay their share of the Contributions in one of the following ways: -with after-tax dollars, by sending monthly payments to the Employer by the due date established by the Employer; -with pre-tax dollars, by having such amounts withheld from the Participant's ongoing Compensation (if any), including unused sick days and vacation days, or pre-paying all or a portion of the Contributions for the expected duration of the leave on a pre-tax Salary Reduction basis out of pre-leave Compensation. To pre-pay the Contributions, the Participant must make a special election to that effect prior to the date that such Compensation would normally be made available (pre-tax dollars may not be used to fund coverage during the next Plan Year); or under another arrangement agreed upon between the Participant and the Plan Administrator (e.g., the Plan Administrator mayf fund coverage during the leave and withhold "catch-up" amounts from the Participant's Compensation on a pre-tax or after-tax basis) upon the Participant's return. Ift the Employer requires all Participants to continue Health Insurance Benefits during an unpaid FMLA leave, then the Participant may elect to discontinue payment of the Participant's required Contributions until the Participant returns from leave. Upon returning from leave, the Participant will be required to repay the Contributions not paid by the Participant during the leave. Payment shall be withheld from the Participant's Compensation either on a pre-tax or after-tax basis, as agreed to by the Plan Administrator and the Participant. Ifal Participant's! Health Insurance Benefits coverage ceases while on FMLA leave (e.g., for non-payment of required contributions), then the Participant is permitted to re-enter the Medical Insurance Benefits upon return from: such leave on the same basis as when the Participant was participating in the Plan prior to the leave, or as otherwise required by the FMLA. In addition, the Plan may require Participants whose Health Insurance Benefits coverage terminated during the leave to be reinstated in such coverage upon return from a period of unpaid leave, provided that Participants who return from a period of unpaid, non-FMLA leave are required to be reinstated in such coverage. (b) Non-Health Benefits. Ifa Participant goes on a qualifying leave under the FMLA, then entitlement to non-health benefits is to be determined by the Employer's policy for providing such Benefits when the Participant is on non-FMLA leave, as described in Section 3.5. Ifsuch policy permits a Participant to discontinue contributions while on leave, then the Participant will, upon returning from leave, be required to repay the Contributions not paid by the Participant during the leave. Payment shall be withheld from the Participant's Compensation either on a pre-tax or after-tax basis, as may be agreed upon by the Plan Administrator and the Participant or as the Plan Administrator otherwise deems appropriate. 3.5 Non-FMLA Leaves of Absence Ifa Participant goes on an unpaid leave of absence that does not affect eligibility, then the Participant will continue to participate and the Contributions due for the Participant will be paid by pre-payment before going on leave, by after-tax contributions while on leave, or with catch-up contributions after the leave ends, as may be determined by the Plan Administrator. If a Participant goes on an unpaid leave that effects eligibility, then the election change rules detailed in Article VI will apply. ARTICLE IV. Method and Timing of Elections; Irrevocability of Elections 4.1 Elections When First Eligible An Employee who first becomes eligible to participate in the Plan mid-year may elect to commence participation in one or more Benefits on the first day of the month after the eligibility requirements have been satisfied, provided that an Election Form/Salary Reduction Agreement is submitted to the Plan Administrator before the first day of the month in which participation will commence. An Employee who does not elect benefits when first eligible may not enroll until the next Open Enrollment Period unless an event occurs that would justify a mid-year election change, as described in Article IV. The Employer reserves the right, within its discretion, to allow or require any or all of the election procedures detailed in this Article 4.1 to be performed electronically. Benefits shall be subject to the additional requirements, if any, specified in the Medical Insurance Plan. The provisions of this Plan are not intended to override any exclusions, eligibility requirements, or waiting periods specified in any Insurance Plans. 4.2 Rolling Elections During each Open Enrollment Period for a following Plan Year, Participants shall be deemed to have elected the same benefits at the same levels as in the Plan Year in which the Open Enrollment Period occurs, unless a Participant informs the Employer of a different intention in writing (or in an electronic form accepted by Employer). 4.4 ***Reserved*** 4.4 Irrevocability of Elections Unless an exception applies (as described in this Article IV), a Participant's election under the Plan is irrevoçable for the duration of the Period of Coverage to which it relates. Unless otherwise noted in this section, a Participant's election under the Plan is irrevocable for the duration of the Period of Coverage to which it relates. In other words, unless an exception applies, the Participant may not change any elections for the duration of the Period of Coverage regarding: Participation in this Plan; -Salary Reduction amounts; or -Election of particular Benefit Package Options. 4.5 Procedure for Making New Election f Exception to Irrevocability Applies (a) Timeframe for Making New Election. A Participant (or an Eligible Employee who, when first eligible under Section 3.1 or during the Open Enrollment Period, declined to be a Participant) may make a new election within 30 days of the occurrence of an event described in Section 4.6 or 4.7, as applicable, but only ift the election under the new Election Form/Salary Reduction Agreement is made on account of and is consistent with the event and if the election is made within any specified time period (e.g., for Sections 4.7(d) through 4.76j), within 30 days after the events described in such Sections unless otherwise required by law). Notwithstanding the foregoing, a Change in Status (e.g., a divorce or dependent's losing dependent status) that results in a beneficiary becoming ineligible for coverage under the Medical Insurance Plan shall automatically result in a corresponding election change, whether or not requested by the Participant within the normal 30- day period. (b) Effective Date of New Election. Elections made pursuant to this Section 4.5 shall be effective for the balance of the Period of Coverage following the change of election unless a subsequent event allows for a further election change. Except as provided in Section 4.7(e) for HIPAA special enrollment rights in the event ofbirth, adoption, or placement for adoption, all election changes shall be effective on a prospective basis only (i.e., election changes will become effective no earlier than the first day of the next calendar month following the date that the election change was filed, but as determined by the Plan Administrator, election changes may become effective later to the extent that the coverage in the applicable Benefit Package Option commences later). 4.6 Change in Status Defined Participant may make a new election upon the occurrence of certain events as described in Section 4.7, including a Change in Status, for the applicable Component. "Change in Status" means any of the events described below, as well as any other events included under subsequent changes to Code 5 125 or regulations issued thereunder, which the Plan Administrator, in its sole discretion and on a uniform and consistent basis, determines are permitted under IRS regulations and under this Plan: (a) Legal Marital Status. A change in a Participant's legal marital status, including marriage, death of a Spouse, divorce, legal separation, or annulment; (b) Number of Dependents. Events that change a Participant's number of Dependents, including birth, death, adoption, and placement for adoption; (c) Employment Status. Any of the following events that change the employment status of the Participant or their Spouse or Dependents: (1) a termination or commencement of employment; (2) a strike or lockout; (3) a commencement of or return from an unpaid leave of absence; (4) a change in worksite; and (5) if the eligibility conditions of this Plan or other employee benefits plan of the Participant or their Spouse or Dependents depend on the employment status of that individual and there is a change in that individual's: status with the consequence that the individual becomes (or ceases to be) eligible under this Plan or other employee benefits plan, such as ifa a plan only applies to salaried employees and an employee switches from salaried to hourly-paid, union to non-union, or full-time to part-time (or vice versa), with the consequence that the employee ceases to be eligible for the Plan; (d) Dependent Eligibility Requirements. An event that causes a Dependent to satisfy or cease to satisfy the Dependent eligibility requirements for a particular benefit, such as attaining a specified age, or any similar circumstance; and (e) Change in Residence. A change in the place of residence of the Participant or their Spouse or Dependents. 4.7 Events Permitting Exception to Irrevocability Rule AF Participant may change an election as described below upon the occurrence of the stated events for the applicable Component of this Plan: (a) Open Enrollment Period, A Participant may change an election during the Open Enrollment Period. (b) Termination of Employment. AParticipant's election will terminate under the plan upon termination of employment in accordance with Sections 3.2 and 3.3, as applicable. (c) Leaves of Absence. A Participant may change an election under the Plan upon FMLA leave in accordance with Section 3.4 and upon non-FMLA leave in accordance with Section 3.5. (d) Change in Status. Al Participant may change their actual or deemed election under the Plan upon the occurrence of a Change in Status (as defined in Section 4.6), but only if such election change is made on account of and corresponds with a Change in Status that affects eligibility for coverage under a plan of the Employer or a plan of the Spouse's or Dependent's employer (referred to as the general consistency requirement). A Change in Status that affects eligibility for coverage under a plan of the Employer or a plan of the Spouse's or Dependent's employer includes a Change in Status that results in an increase or decrease in the number of an Employee's family members (i.e., a Spouse and/or Dependents) who may benefit from the coverage. (1) Loss of Spouse or Dependent Eligibility; Special COBRA Rules. For a Change in Status involving a Participant's divorce, annulment or legal separation from a Spouse, the death of a Spouse or a Dependent, or a Dependent's ceasing to satisfy the eligibility requirements for coverage, a Participant may only elect to cancel accident or health insurance coverage for (a) the Spouse involved in the divorce, annulment, or legal separation; (b) the deceased Spouse or Dependent; or (c) the Dependent that ceased to satisfy the eligibility requirements. Canceling coverage for any other individual under these circumstances would fail to correspond with that Change in Status. Notwithstanding the foregoing, if the Participant or their Spouse or Dependent becomes eligible for COBRA (or similar health plan continuation coverage under state law) under the Employer's plan (and the Participant remains a Participant under this Plan in accordance with Section 3.2), then the Participant may increase their election to pay for such coverage (this rule does not apply to a Participant's Spouse who becomes eligible for COBRA or similar coverage as a result of divorce, annulment, or legal separation). (2) Gain of Coverage Eligibility Under Another Employer's Plan. For a Change in Status in which a Participant or their Spouse or Dependent gains eligibility for coverage under a cafeteria plan or qualified benefit plan of the employer of the Participant's Spouse or Dependent as a result of a change in marital status or a change in employment status, a Participant may elect to cease or decrease coverage for that individual onlyi if coverage for that individual becomes effective or is increased under the Spouse's or Dependent's employer's plan. The Plan Administrator may rely on a Participant's certification that the Participant has obtained or will obtain coverage under the Spouse's or Dependent's employer plan, unless the Plan Administrator has reason to believe that the Participant's certification is incorrect. (e) HIPAA Special Enrollment Rights. If a Participant or their Spouse or Dependent is entitled to special enrollment rights under a group health plan (other than an excepted benefit), as required by HIPAA under Code 5 9801(f), then a Participant may revoke a prior election for group health plan coverage and make a new election (including, when required by HIPAA, an clection to enroll in another benefit package under a group health plan), provided that the election change corresponds with such HIPAA special enrollment right. As required by HIPAA, a special enrollment right will arise in the following circumstances: -a Participant or their Spouse or Dependent declined to enroll in group health plan coverage because they had coverage, and eligibility for such coverage is subsequently lost because: (1) the coverage was provided under COBRA and the COBRA coverage was exhausted; or (2) the coverage was non-COBRA coverage and the coverage terminated due to loss of eligibility for coverage or the employer contributions for the coverage were terminated; or -a new Dependent is acquired as a result of marriage, birth, adoption, or placement for adoption. An election to add previously eligible Dependents as a result of the acquisition of a new Spouse or Dependent child shall be considered to be consistent with the special enrollment right. An election change on account of a HIPAA special enrollment attributable to the birth, adoption, or placement for adoption of a new Dependent child may, subject to the provisions of the underlying group health plan, be effective retroactively (up to 30 days). For purposes of this Section 4.7(e), the term "loss of eligibility" includes (but is not limited to) loss of eligibility due to legal separation, divorce, cessation of dependent status, death of an employee, termination of employment, reduction in hours, or anyl loss of eligibility for coverage that is measured with reference to any oft the foregoing; loss of coverage offered through an HMO that does not provide benefits to individuals who do not reside, live, or work in the. service area because an individual no longer resides, lives, or works in the service area (whether or not within the choice of the individual), and in the case of HMO coverage in the group market, no other benefit package is available to the individual; a situation in which an individual incurs a claim that would meet or exceed a lifetime limit on all benefits; and a situation in which a plan no longer offers any benefits to the class of similarly situated individuals that includes the individual. Uf) Certain. Judgements, Decrees and Orders. Ifa judgement, decree, or order (collectively, an "Order") resulting from a divorce, legal separation, annulment, or change in legal custody (including a QMCSO) requires accident or health coverage (including an election for Health FSA Benefits) for a Participant's child (including a foster child who is a Dependent of the Participant), then a Participant may (1) change their election to provide coverage for the child (provided that the Order requires the Participant to provide coverage); or (2) change their election to revoke coverage for the child if the Order requires that another individual (including the Participant's Spouse or former Spouse) provide coverage under that individual's plan and such coverage is actually provided. (g) Medicare and Medicaid. If a participant or their Spouse or Dependent who is enrolled in a health or accident plan under this Plan becomes entitled to (i.e., becomes enrolled in) Medicare or Medicaid (other than coverage consisting solely of benefits under Section 1928 of the Social Security Act providing for pediatric vaccines), then the Participant may prospectively reduce or cancel the health or accident coverage of the person becoming entitled to Medicare or Medicaid. Furthermore, if a Participant or their Spouse or Dependent who has been entitled to Medicare or Medicaid loses eligibility for such coverage, then the Participant may prospectively elect to commence or increase the accident or health coverage of the individual who loses Medicare or Medicaid eligibility. (h) Change in Cost. For purposes of this Section 4.7 (h), similar coverage" means coverage for the same category of benefits for the same individuals (e.g., family to family or single to single). For example, two plans that provide major medical coverage are considered to be similar coverage. (1) Increase of Decrease for Insignificant Cost Changes. Participants are required to increase their elective contributions (by increasing Salary Reductions) to reflect insignificant increases in their required contribution for their Benefit Package Option(s), and to decrease their elective contributions to reflect insignificant decreases in their required contribution. The Plan Administrator, in its sole discretion and on a uniform and consistent basis, will determine whether an increase or decrease is insignificant based upon all surrounding facts and circumstances, including but not limited to the dollar amount or percentage of the cost change. The Plan Administrator, on a reasonable and consistent basis, will automatically effectuate this increase or decrease in affected employees' elective contributions on a prospective basis. (2) Significant Cost Increases. Ifthe Plan Administrator determines that the cost charged to an Employee of a Participant's Benefit Package Option(s) significantly increases during a Period of Coverage, then the Participant may (a) make a corresponding prospective increase in their elective contributions (byi increasing Salary Reductions); (b) revoke their election for that coverage, and in lieu thereof, receive on a prospective basis coverage under another Benefit Package Option that provides similar coverage; or (c) drop coverage prospectively if therei is no other Benefit Package Option available that provides similar coverage. The Plan Administrator, in its sole discretion and on a uniform and consistent basis, will decide whether a cost increase is significant in accordance with prevailing IRS guidance. (3). Significant Cost Decreases. Ifthe Plan Administrator determines that the cost of any Benefit Package Option significantly decreases during a Period of Coverage, then the Plan Administrator may permit the following election changes: (a) Participants enrolled in that Benefit Package Option may make a corresponding prospective decrease in their elective contributions (by decreasing Salary Reductions); (b) Participants who are enrolled in another Benefit Package Option may change their election on a prospective basis to elect the Benefit Package Option that has decreased in cost (Medical Insurance Plan); or (c) Employees who are otherwise eligible under Section 3.1 may elect the Benefit Package Option that has decreased in cost on a prospective basis, subject to the terms and limitations oft the Benefit Package Option. The Plan Administrator, in its sole discretion and on a uniform and consistent basis, will decide whether a cost decrease is significant in accordance with prevailing IRS guidance. (i) Change in Coverage. The definition of "similar coverage" under Section 12.4(h) applies also to this Section 12.4(i). (1) Significant Curtailment. If coverage is "significantly curtailed" (as defined below), Participants may elect coverage under another Benefit Package Option that provides similar coverage. In addition, as set forth below, if the coverage curtailment results in "Loss of Coverage" (as defined below), then Participants may drop coverage if no similar coverage is offered by the Employer. The Plan. Administrator in its sole discretion, on a uniform and consistent basis, will decide, in accordance with prevailing IRS guidance, whether a curtailment is 'signifiçant" and whether a Loss of Coverage has occurred. (a). Significant Curtailment Without Loss of Coverage. If the Plan Administrator determines that a Participant's coverage under a Benefit Package Option under this Plan (or the Participant's Spouse's or Dependent's coverage under their employer's plan) is significantly curtailed without a Loss of Coverage (for example, when there is significant increase in the deductible, the co-pay, or the out- of-pocket cost-sharing limit under an accident or health plan during a Period of Coverage, the Participant may revoke their election for the affected coverage, and in lieu thereof, prospectively elect coverage under another Benefit Package Option that provides similar coverage. Coverage under a plan is deemed to be "signifiçantly curtailed" only if there is an overall reduction in coverage provided under the plan so as to constitute reduced coverage generally. (b). Significant Curtailment with a Loss of Coverage. If the Plan Administrator determines that a Participant's Benefit Package Option coverage under this Plan (or the Participant's Spouse's or Dependent's coverage under their employer's plan) is significantly curtailed, and if such curtailment results in a Loss of Coverage during a Period of Coverage, then the Participant may revoke their election for the affected coverage and may either prospectively elect coverage under another Benefit Package Option that provides similar coverage or drop coverage if no other Benefit Package Option providing similar coverage is offered by the Employer. (c) Definition of Loss of Coverage. For purposes of this Section 4.7(iX1), a "Loss of Coverage" means a complete loss of coverage (including the elimination of a Benefit Package Option, an HMO ceasing to be. available where the Participant or their Spouse or Dependent resides, or a Participant or their Spouse or Dependent losing all coverage under the Benefit Package Option by reason of an overall lifetime or annual limitation). In addition, the Plan Administrator, in its sole discretion, on a uniform and consistent basis, may treat the following as a Loss of Coverage: -a substantial decrease in the mediçal care providers available under the Benefit Package Option (such as a major hospital ceasing to be a member of a preferred provider network or a substantial decrease in the number of physicians participatingin the PPO for the Medical Insurance Plan or in an HMO); -a reduction in benefits for a specific type of medical condition or treatment with respect to which the Participant or their Spouse or Dependent is currently in a course of treatment; or -any other similar fundamental loss of coverage. (2) Addition or Significant Improvement of a Benefit Package Option. If during a Period of Coverage, the Plan adds a new Benefit Package Option or significantly improves an existing Benefit Package Option, the Plan Administrator may permit the following election changes: (a) Participants who are enrolled in a Benefit Package Option other than the newly added or significantly improved Benefit Package Option may change their elections on a prospective basis to elect the newly added or significantly improved Benefit Package Option; and (b) Employees who are otherwise eligible under Section 3.1 may elect the newly added or significantly improved Benefit Package Option on a prospective basis, subject to the terms and limitations of the Benefit Package Option. The Plan Administrator, in its sole discretion and on a uniform and consistent basis, will decide whether there has been an addition of, or a significant improvement in, a Benefit Package Option in accordance with prevailing IRS guidance. (3) Loss of Coverage Under Other Group Health Coverage. A Participant may prospectively change their election to add group health coverage for the Participant or their Spouse or Dependent, if such Individual(s) loses coverage under any group health coverage sponsored by a governmental or educational institution, including (but not limited to) the following: a state children's health insurance program (SCHIP) under Title XXI of the Social Security Act; a medical care program of an Indian Tribal government (as defined in Code 5 7701(a)(40)), the Indian Health Service, or a tribal organization; a state health benefits risk pool; or a foreign government group health plan, subject to the terms and limitations of the applicable Benefit Package Option(s). (4) Change in Coverage Under. Another Employer Plan. A Participant may make a prospective election change that is on account and corresponds with a change made under an employer plan (including a plan of the Employer or a plan of the Spouse's or Dependent's employer), 50 long as (a) the other cafeteria plan or qualified benefits plan permits its participants to make an election change that would be permitted under applicable IRS regulations; or (b) the Plan permits Participants to make an election for a Period of Coverage that is different from the plan year under the other cafeteria plan or qualified benefits plan. For example, if an election is made by the Participant's Spouse during their employer's open enrollment to drop coverage, the Participant may add coverage to replace the dropped coverage. The Plan Administrator, ini its sole discretion and on a uniform and consistent basis, will decide whether a requested change is on account of and corresponds with a change made under the other employer plan, in accordance with prevailing IRS guidance. A Participant entitled to change an election as described in this Section 4.7 must do sO in accordance with the procedures described in Section 4.5. U) Revocation Due to Reduction in Hours AF Participant may revoke their Major Medical coverage, along with that of any related individuals, if the Participant experiences a reduction of hours such that they will be reasonably expected to work fewer than 30 hours a week on a regular basis and the Participant intends to enroll, along with any such related individuals, in another plan no later than the first day of the second full month following the revocation. (k) Revocation of Coverage, for Purposes of Enrolling in Marketplace Coverage AF Participant may revoke their Major Medical coverage if they are seeking to enroll, along with any related individuals who cease coverage due to such revocation, in Marketplace coverage (either during the Marketplace's annual open enrollment period or during a special enrollment period) immediately after the revoked coverage ends. (1) CHIP: Special Enrollment Rights Notwithstanding anything else in this document to the contrary, special enrollment rights shall be made available as a result of a loss of eligibility for Medicaid or for coverage under a state children's health insurançe program (SCHIP) or as a result of eligibility for a state premium assistance subsidy under the plan from Medicaid or SCHIP. 4.8***Reserved" 4.9 Election Modifications Required by Plan Administrator The Plan Administrator may, at any time, require any Participant or class of Participants to amend the amount of their Salary Reductions for a Period of Coverage if the Plan Administrator determines that such action is necessary or advisable in order to (a) satisfy any oft the Code's nondiscrimination requirements applicable to this Plan or other cafeteria Plan; (b) prevent any Employee or class of Employees from having to recognize more income for federal income tax purposes from the receipt of benefits hereunder than would otherwise be recognized; (c) maintain the qualified status of benefits received under this Plan; or (d) satisfy Code nondiscrimination requirements or other limitations applicable to the Employer's qualified plans. In the event that contributions need to be reduced for a class of Participants, the Plan Administrator will reduce the! Salary Reduction amounts for each affected Participant, beginning with the Participant in the class who had elected the highest Salary Reduction amount and continuing with the Participant in the class who had elected the next-highest Salary Reduction amount, and SO forth, until the defect is corrected. ARTICLE V. Benefits Offered and Method of Funding 5.1 Benefits Offered When first eligible or during the Open Enrollment Period as described under Article IV, Participants will be given the opportunity to elect Premium Payment Benefits, as described in Article VI. 5.2 Employer and Participant Contributions (a) Employer Contributions. For Participants who elect Insurance Benefits described in Article Vi, the Employer may contribute a portion of the Contributions as provided in the open enrollment materials furnished to Employees and/or on the Election Form/Salary Reduction Agreement. (b) Participant Contributions. Participants who elect any of the Medical Insurance Benefits described in Article VI may pay for the cost of that coverage on a pre-tax Salary Reduction basis, or with after-tax deduction, by completing an Election Form/Salary Reduction Agreement. 5.3 Using Salary Reductions to Make Contributions (a) Salary Reductions per Pay Period. The Salary Reduction for a pay period for a Participant is, for the Benefits elected, (1) an amount equal to the annual Contributions for: such Benefits (as described in Section 6.2 for Premium Payment Benefits; (2) an: amount otherwise agreed upon between the Employer and the Participant; or (3) an amount deemed appropriate by the Plan Administrator (i.e., in the event of shortage in reducible Compensation, amounts withheld and the Benefits to which Salary Reductions are applied may fluctuate). (b) Considered Employer Contributions: for Certain Purposes. Salary Reductions that are applied by the Employer to pay for the Participant's share of the Contributions for the Premium Payment Benefits are considered to be Employer contributions. (c). Salary Reduction Balance Upon Termination of Coverage. If, as of the date that an elected coverage under this Plan terminates, a Participant's year-to-date! Salary Reductions exceed or are less than the Participant's required Contributions for the coverage, then the Employer will, as applicable, either return the excess to the Participant as additional taxable wages or recoup the due Salary Reduction amounts from any remaining Compensation. (d). After-Tax Contributions for Premium Payment Benefits. For those Participants who elect to pay their share of the Contributions for any of the Medical Insurance Benefits with after-tax deductions, both the Employee and Employer portions of such Contributions will be paid outside of this Plan. 5.4 Funding This Plan All of the amounts payable under this Plan shall be paid from the general assets of the Employer, but Premium Payment Benefits are paid as provided in the applicable insurance policy. Nothing herein will be construed to require the Employer or the Plan Administrator to maintain any fund or to segregate any amount for the benefit of any Participant, and no Participant or other person shall have any claim against, right to, or security or other interest in any fund, account, or asset of the Employer from which any payment under this Plan may be made. There is no trust or other fund from which Benefits are paid. While the Employer has complete responsibility for the payment of Benefits out of its general assets (except for Premium Payment Benefits paid as provided in the applicable insurance policy), it may hire an unrelated third-party paying agent to make Benefit payments on its behalf. The maximum contribution that may be made under this Plan for a Participant is the total oft the maximums that may be elected as Employer and Participant Contributions for Premium Payment Benefits, as described in Section 6.2. ARTICLE VI. Premium Payment Component 6.1 Benefits The only Insurance Benefits that are offered under the Premium Payment Component are benefits under the Medical, Dental, Vision, Accident, Accidental Death & Dismemberment, Disability, Group Term Life, Hospital Indemnity, Specific Disease or Condition, Other Hearing, HSAI Insurance Plan(s). Notwithstanding any other provision in these Plan(s), these benefits are subject to the terms and conditions of the Insurance Plan(s), and no changes can be made with respect to such Insurance Benefits under this Plan (such as mid-year changes in election) if such changes are not permitted under the applicable Insurance Plan. An Eligible Employee can (a) elect benefits under the Premium Payment Component by electing to pay for their share of the Contributions for Medical Insurance Benefits on a pretax Salary Reduction basis (Premium Payment Benefits); or (b) elect no benefits under the Premium Payment Component and to pay for their share of the Contributions, if any, for Medical Insurance Benefits with after-tax deductions outside of this Plan. Unless an exception applies (as described in Article IV), such election is irrevocable for the duration of the Period of Coverage to which it relates. The Employer may at its discretion offer cash in lieu of benefits for Participants who do not choose Insurance Benefits. 6.2 Contributions for Cost of Coverage The annual Contribution for a Participant's Premium Payment Benefits is equal to the amount as set by the Employer, which may or may not be the same amount charged by the insurance carrier. 6.3 Insurance Benefits Provided Under Insurance Plans Insurance Benefits will be provided by the Insurance Plans, not this Plan. The types and amounts of Insurance Benefits, the requirements for participating in the Insurance Plans, and the other terms and conditions of coverage and benefits of the Insurance Plans are set forth in the Insurance Plans. All claims to receive benefits under the Insurance Plans shall be subject to and governed by the terms and conditions of the Insurance Plans and the rules, regulations, policies, and procedures adopted in accordance therewith, as may be amended from time to time, 6.4 Health Insurance Benefits; COBRA Notwithstanding any provision to the contrary in this Plan, to the extent required by COBRA, a Participant and their Spouse and Dependents, as applicable, whose coverage terminates under the Health Insurance Benefits because of a COBRA qualifying event (and who is a qualified beneficiary as defined under COBRA), shall be given the opportunity to continue on a self pay basis the same coverage that they had under the Health Insurance Plan(s) the day before the qualifying event for the periods prescribed by COBRA. Such continuation coverage shall be subject to all conditions and limitations under COBRA, Contributions for COBRA coverage for Health Insurance Benefits may be paid on a pre-tax basis for current Employees receiving taxable compensation (as may be permitted by the Plan Administrator on a uniform and consistent basis, but may not be prepaid from contributions in one Plan Year to provide coverage that extends into a subsequent Plan Year) where COBRA coverage arises either (a) because the Employee ceases to be eligible because of a reduction in hours; or (b) because the Employee's Dependent ceases to satisfy the eligibility requirements for coverage. For all other individuals (e.g., Employees who cease to be eligible because of retirement, termination of employment, or layoff), Contributions for COBRA coverage for Health Insurance Benefits shall be paid on an after-tax basis (unless may be otherwise permitted by the Plan Administrator on a uniform and consistent basis, but may not be prepaid from contributions in one Plan Year to provide coverage that extends into a subsequent Plan Year). ARTICLES VII. - VIII ***Reserved*** ARTICLE IX. HSA Component 9.1 HSA Benefits An Eligible Employee can elect to participate in the HSA Component by electing to pay the Contributions on a pre-tax Salary Reduction basis to the Employee's HSA established and maintained outside the Plan by a trustee/custodian to which the Employer can forward contributions to be deposited (this funding feature constitutes the HSA Benefits offered under this Plan). Any language in the document to the contrary notwithstanding, such election can be increased, decreased or revoked prospectively at any time during the Plan Year, effective no later than the first day for the next calendar month following the date that the election change was filed. 9.2 Contributions for Cost of Coverage for HSA; Maximum Limits The annual contribution for a Participant's HSA Benefits is equal to the annual benefit amount elected by the Participant. In no event shall the amount elected exceed the statutory maximum amount for HSA contributions applicable to the Participant's High Deductible Health Plan coverage option (i.e., single or family) for the calendar year in which the Contribution is made. An additional catch-up Contribution may be made for Participants who are age 55 or older. In addition, the maximum annual Contribution shall be: (a) reduced by any matching (or other) Employer Contribution, if any, made on the Participant's S behalf made under the Plan); and (b) prorated for the number of months in which the Participant is an HSA Eligible Individual. 9.3 **Reserved*** 9.4 Recording Contributions for HSA As described in Section 9.6, the HSA is not an emplyer-sponsored employee benefit plan - it is an individual trust or custodial account separately established and maintained by a trustee/custodian outside the Plan. Consequently, the HSA trustee/custodian, not the Employer, will establish and maintain the HSA. The HSA trustee/custodian will be chosen by the Participant, not by the Employer. The Employer may, however, limit the number of HSA providers to whom it will forward contributions that the Employee makes via pre-tax Salary Reductions such a list is not an endorsement of any particular HSA provider. The Plan Administrator will maintain records to keep track of HSA Contributions an Employee makes via pre- tax Salary Reductions, but it will not create a separate fund or otherwise segregate assets for this purpose. The Employer has no authority or control over the funds deposited in an HSA. 9.5 Tax Treatment of HSA Contributions and Distributions The tax treatment of the HSA (including contributions and distributions) is governed by Code 5 223. 9.6 Trust/Custodial Agreement; HSA Not Intended to Be an ERISA Plan HSA Benefits under this Plan consist solely of the ability to make Contributions to the HSA on a pre-tax Salary Reduction basis. Terms and conditions of coverage and benefits (e.g., eligible medical expenses, claims procedures, etc.) will be provided by and are set forth in the HSA, not this Plan. The terms and conditions of each Participant's HSA trust or custodial account are described in the HSA trust or custodial agreement provided by the applicable trustee/custodian to each electing Participant and are not a part of this Plan. The HSA is not an employer-sponsored employee benefits plan. It is a savings account that is established and maintained by an HSA trustee/custodian outside this Plan to be used primarily for reimbursement of "qualified eligible medical expenses" as Set forth in Code 5 223(d)(2). The Employer has no authority or control over the funds deposited in an HSA. Even though this Plan may allow pre-tax Salary Reduction contributions to an HSA, the HSA is not intended to be an ERISA benefit plan sponsored or maintained by the Employer. ARTICLES X. XII ***Reserved*** ARTICLE XIII. Appeals Procedure 13.1 Procedure If Benefits Are Denied Under This Plan Ifa a claim for reimbursement under this Plan is wholly or partially denied, then claims shall be administered in accordance with the claims procedure set forth in the summary plan description for this Plan. The Committee acts on behalf of the Plan Administrator with respect to appeals. 13.2 Claims Procedures for Insurance Benefits Claims and reimbursement for Insurance Benefits shall be administered in accordance with the claims procedures for the Insurance Benefits, as set forth in the plan documents and/or summary plan description(s) for the Insurance Plan(s). ARTICLE XIV. Recordkeeping and Administration 14.1 Plan Administrator The administration of this Plan shall be under the supervision of the Plan Administrator. It is the principal duty of the Plan Administrator to see that this Plan is carried out, in accordance with its terms, for the exclusive benefit of persons entitled to participate in this Plan without discrimination among them, 14.2 Powers of the Plan Administrator The Plan Administrator shall have: such duties and powers as it considers necessary or appropriate to discharge its duties. It shall have the exclusive right to interpret the Plan and to decide all matters thereunder, and all determinations of the Plan Administrator with respect to any matter hereunder shall be conclusive and binding on all persons. Without limiting the generality of the foregoing, the Plan Administrator shall have the following discretionary authority: (a)to construe and interpret this Plan, including all possible ambiguities, inconsistencies, and omissions in the Plan and related documents, and to decide all questions of fact, questions relating to eligibility and participation, and questions of benefits under this Plan (provided that, notwithstanding the first paragraph in this Section 14.2, the Committee shall exercise such exclusive power with respect to an appeal of a claim under Section 13.1); (b) to prescribe procedures to be followed and the forms to be used by Employees and Participants to make elections pursuant to this Plan; (c) to prepare and distribute information explaining this Plan and the benefits under this Plan in such manner as the Plan Administrator determines to be appropriate; (d) to request and receive from all Employees and Participants such information as the Plan Administrator shall from time to time determine to be necessary for the proper administration of this Plan; (e) to furnish each Employee and Participant with such reports with respect to the administration of this Plan as the Plan Administrator determines to be reasonable and appropriate, including appropriate statements setting forth the amounts by which a Participant's Compensation has been reduced in order to provide benefits under this Plan; (f) to receive, review, and keep on file such reports and information regarding the benefits covered by this Plan as the Plan Administrator determines from time to time to be necessary and proper; (g) to appoint and employ such individuals or entities to assist in the administration of this Plan as it determines to be necessary or advisable, including legal counsel and benefit consultants; (h) to sign documents for the purposes of administering this Plan, or to designate an individual or individuals to sign documents for the purposes of administering this Plan; (i) to secure independent medical or other advice and require such evidence as it deems necessary to decide any claim or appeal;and () to maintain the books of accounts, records, and other data in the manner necessary for proper administration of this Plan and to meet any applicable disclosure and reporting requirements. 14.3 Reliance on Participant, Tables, etc. The Plan Administrator may rely upon the direction, information, or election of a Participant as being proper under the Plan and shall not be responsible for any act or failure to act because of a direction or lack of direction by a Participant. The Plan Administrator will: also be entitled, to the extent permitted by law, to rely conclusively on all tables, valuations, certificates, opinions, and reports that are furnished by accountants, attorneys, or other experts employed or engaged by the Plan Administrator. 14.4* ***Reserved"" 14.5 Fiduciary Liability To the extent permitted by law, the Plan Administrator shall not incur any liability for any acts or for failure to act except for their own willful misconduct or willful breach of this Plan. 14.6 Compensation of Plan Administrator Unless otherwise determined by the Employer and permitted by law, any Plan Administrator that is also an Employee of the Employer shall serve without compensation for services rendered in such capacity, but all reasonable expenses incurred in the performance of their duties shall be paid by the Employer. 14.7 Bonding The Plan Administrator. shall be bonded to the extent required by ERISA. 14.8 Insurance contracts The Employer shall have the right (a) to enter into a contract with one or more insurance companies for the purposes of providing any benefits under the Plan; and (b) to replace any of such insurance companies or contracts at its discretion. Any dividends, retroactive rate adjustments, or other refunds of any type that may become payable under any such insurance contract shall not be assets of the Plan but shall be the property of and be retained by the Employer, to the extent that such amounts are less than aggregate Employer contributions toward such insurance. 14.9 Inability to Locate Payee Ift the Plan Administrator is unable to make payment to any Participant or other person to whom a payment is due under the Plan because it cannot ascertain the identity or whereabouts of such Participant or other person after reasonable efforts have been made to identify or locate such person, then such payment and all: subsequent payments otherwise due to such Participant or other person shall be forfeited following a reasonable time after the date any such payment first became due. 14.10 Effect of Mistake Int the event of a mistake as to the eligibility or participation of an Employee, the allocations made to the account of any Participant, or the amount of benefits paid or to be paid to a Participant or other person, the Plan Administrator shall, to the extent that it deems administratively possible and otherwise permissible under Code 5 125 or the regulations issued thereunder, cause to be allocated or cause to be withheld or accelerated, or otherwise make adjustment of, such amounts as ity will ini its judgement accord to: such Participant or other person the credits to the account or distribution to which they are properly entitled under the Plan. Such action by the Plan Administrator may include withholding of any amounts due to the Plan or the Employer from Compensation paid by the Employer. ARTICLE XV. General Provisions 15.1 ***Reserved** 15.2 No Contract of Employment Nothing herein contained is intended to be or shall be construed as constituting a contract or other arrangement between any Employee and the Employer to the effect that such Employee will be employed for any specific period of time. All Employees are considered to be employed at the will of the Employer. 15.3 Amendment and Termination This Plan has been established with the intent of being maintained for an indefinite period of time. Nonetheless, the Employer may amend or terminate all or any part of this Plan at any time for any reason and any such amendment or termination will automatically apply to the Related Employers that are participating in this Plan. 15.4 Governing Law This Plan shall be construed, administered, and enforced according to the laws of WV, to the extent not superseded by the Code, ERISA, or any other federal law. 15.5 Code and ERISA Compliance It isi intended that this Plan meet all appliçable requirements of the Code, ERISA (if ERISA is applicable) and of all regulations issued thereunder. This Plan shall be construed, operated, and administered accordingly, and in the event of any conflict between any part, clause, or provision of this Plan and the Code and/or ERISA (if ERISA is applicable), the provisions oft the Code and ERISA (if ERISA is applicable) shall be deemed controlling, and any conflicting part, clause, or provision of this Plan shall be deemed superseded to the extent of the conflict. 15.6 No Guarantee of Tax Consequences Neither the Plan Administrator nor the Employee makes any commitment or guarantee that any amounts paid to or for the benefit of a Participant under this Plan will be excludable from the Participant's gross income for federal, state, or local income tax purposes. It shall be the obligation of each Participant to determine whether each payment under this Plan is excludable from the Participant's gross income for federal, state, or local income tax purposes and to notify the Plan Administrator if the Participant has any reason to believe that such payment is not 5O excludable. 15.7 Indemnification of Employer Ifa any Participant receives one or more payments or reimbursements under this Plan on a tax-free basis and if such payments do not qualify for such treatment under the Code, then such Participant sha!l indemnify and reimburse the Employer for any liability that it may occur for failure to withhold federal income taxes, Social Security taxes, or other taxes from such payments or reimbursements. 15.8 Non-Assignability of Rights The right of any Participant to receive any reimbursement under this Plan shall not be alienable by the Participant by assignment or any other method and shall not be subject to claims by the Participant's creditors by any process whatsoever. Any attempt to cause such right to be: so subjected will not be recognized, except to the extent required by law. 15.9 Headings The headings of the various Articles and Sections are inserted for convenience of reference and are not to be regarded as part of this Plan or as indicating or controlling the meaning or construction of any provision. 15.10 Plan Provisions Controlling In the event that the terms or provisions of any summary or description of this Plan are in any construction interpreted as being in conflict with the provisions of this Plan as set forth in this document, the provisions of this Plan shall be controlling. 15.11 Severability Should any part of this Plan subsequently be invalidated by a court of competent jurisdiction, the remainder of the Plan shall be given effect to the maximum extent possible. IN WITNESS WHEREOF, and as conclusive evidence of the adoption of the foregoing instrument comprising the CITY OF FAIRMONT Full-Time) Salary Reduction Plan, CITY OF FAIRMONT (Full- Time) has caused this Plan to be executed ini its name and on its behalf, on this 3 t day of a l4y 2025 CITY OF FAIRMONT (Full-Time) AL Ln By: holh lam Its: Finance Dinchor ITEM 4 RESOLUTION A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT APPOINTING JEFFERY W. LILLY, ESQ., MUNICIPAL: JUDGE FOR THE CITY OF FAIRMONT FOR A TERM OF FOUR YEARS COMMENCING JULY 1, 2025, AND UNTIL JUNE 30, 2029. SYNOPSIS Pursuant to the provisions of Section 4.03 of the Charter for the City of Fairmont, by this proposed resolution Council for the City of Fairmont appoints Jeffery W. Lilly, Esq., to serve as Municipal Judge for the City of Fairmont for a term of four years commencing July 1, 2025, and until June 30, 2029. Jeffery W. Lilly, Esq. currently serves as Municipal Judge. His current term, being the unexpired term of the late Anthony J. Julian, is set to expire on June 30, 2025. RESOLUTION A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT APPOINTING JEFFERY W. LILLY, ESQ., MUNICIPALJUDGE FOR THE CITY OF FAIRMONT FOR A TERM OF FOUR YEARS COMMENCING JULY 1, 2025, AND UNTIL JUNE 30, 2029. WHEREAS, Section 4.03 of the Charter for the City of Fairmont provides in part that "there shall be a police court judge, to be known as the Municipal Judge" who shall be an attorney in good standing of the Marion County Bar, appointed by Council, and who shall serve a term of four years. Said section provides that the judge may succeed in office; WHEREAS, Jeffery W. Lilly Esq., has served and is currently serving in the capacity as Municipal Judge, with the current term set to expire on June 30, 2025; WHEREAS, Jeffery W. Lilly, Esq., serves as Municipal Judge with honor and distinction; and WHEREAS, the Council for the City of Fairmont desires to appoint Jeffery W. Lilly, Esq., as Municipal Judge for a four-year term commencing July 1, 2025, and until June 30, 2029. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL FOR THE CITY OF FAIRMONT THAT: SECTION 1: Pursuant to the provisions of Section 4.03 of the Charter for the City of Fairmont, the Council for the City of Fairmont hereby appoints Jeffrey W. Lilly, Esq., as Municipal Judge for the City of Fairmont for a term of four years commencing July 1, 2025, and until June 30, 2029. SECTION 2. It is the intent of Council by the adoption of this resolution to fulfill its duty to appoint the Municipal Judge for the City of Fairmont and to empower and authorize him to perform, do and otherwise carry out all of the functions of a police courtjudge or municipal judge provided by the laws of the United States of America, the State of West Virginia and the Charter and Ordinances of the City of Fairmont and any other law, rule, or regulation. Passed this 22nd day of April, 2025. MAYOR ATTEST: CITY CLERK