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<br />City of Centerville <br /> <br />Cafeteria Plan <br /> <br />(Effective January 1, 2003) <br /> <br />Article 1. The Plan <br />Section 1.1 Establishment. City of Centerville (hereinafter the "Employer"), hereby <br />adopts effective January 1, 2003, the City of Centerville Cafeteria Plan (the "Plan"), which is a <br />plan of flexible compensation for the exclusive benefit of Eligible Employees of the Employer. <br />Section 1.2 Purpose. The purpose of the Plan is to increase the social insurance <br />protection of Eligible Employees by making available to those employees different combinations <br />of accident and health care benefits, dental care benefits, health care reimbursement benefits, <br />dependent care reimbursement benefits, life insurance benefits and direct compensation. The <br />Plan is intended to comply with the provisions of Sections 79, 105, 125, and 129 of the Internal <br />Revenue Code of 1986, as amended. <br />Article II. Definitions <br />Section 2.1 Definitions. Whenever used in the Plan, the following words and phrases <br />shall have the meanings set forth below unless the context plainly requires a different meaning, <br />and when the defined meaning is intended, the term is capitalized: <br />(a) "Affiliate" means an entity (other than the Employer) that is part of a <br />group of entities that includes the Employer and constitutes (i) a controlled group <br />of corporations (as defined in Section 414(b) of the Code), (ii) a group of trades or <br />businesses, whether or not incorporated, under common control (as defined in <br />Section 414(c) of the Code), or (iii) an affiliated service group (within the <br />meaning of Section 414(m) of the Code). <br />(b) "Code" means the Internal Revenue Code of 1986, as amended, and any <br />successor tax code. References to a Code section shall be to that section as it now <br />exists and to any successor provision. <br /> <br />1 <br />