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penalty. Participant assumes all liability for tax consequences of <br />withdrawals. <br />(e) HSA Liability and Reportin�. The Plan nor any service <br />providers under the Plan shall not be required to monitor the use of the <br />funds in the HSA nor to perform any annual reporting to the IRS for the <br />amounts contributed or withdrawn from the HSA. Neither the Plan nor its <br />service providers under the Plan are considered custodians or trustees of <br />the HSA and shall be held responsible for any use of the funds after the <br />initial contribution of the funds to the HSA and receipt of such funds by <br />the HSA custodian or trustee. <br />Section 5.3 Taxable Cash Compensation. The Plan is a choice for the Participant <br />between benefits and taxable compensation, therefore the amount of any Pay Conversion <br />Contributions not used by a Participant for benefits, shall be paid to the Participant as taxable <br />cash compensation at the time the contributions constituting such Pay Conversion Contributions <br />would be paid without regard to this Plan. Elections to the medical and dependent care <br />reimbursement portions of this Plan, Section 5.2, are considered the purchase of benefits. Any <br />remaining balances after the end of the Plan Year in these accounts will be considered unused <br />benefits and are subject to the provisions listed in 5.2.2 and 5.2.3. Taxable cash compensation <br />under this Section 5.3 shall be deemed a benefit. <br />41 City of Roseville MPD <br />