Correction Procedures for Improper Payments. In the event that a claim has been reimbursed and is subsequently identified as not qualifying for reimbursement, one or all of the following procedures shall apply: (i) First, upon the Recordkeeper’s identification of the improper payment, the Eligible Employee will be required to pay back to the Plan an amount equal to the improper payment. (ii) Second, where the Eligible Employee does not pay back to the Plan the amount of the improper payment, the Employer will have the amount of the improper payment withheld from the Eligible Employee’s wages or other compensation to the extent consistent with applicable law. (iii) Third, if the improper payment still remains outstanding, the Plan may utilize a claim substitution or offset approach to resolve improper claims payments. (iv) If the above correction efforts prove unsuccessful, or are otherwise unavailable, the Eligible Employee will remain indebted to the Employer for the amount of the improper payment. In that event and consistent with its business practices, the Employer may treat the payment as it would any other business indebtedness. (v) In addition to the above, the Employer and the Plan may take other actions they may deem necessary, in their sole discretion, to ensure that further violations of the terms of the Debit Card do not occur, including, but not limited to, denial of access to the Debit Card until the indebtedness is repaid by the Eligible Employee.
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Samples: Section 125 Flexible Benefit Plan Adoption Agreement, Section 125 Flexible Benefit Plan, Section 125 Flexible Benefit Plan
Correction Procedures for Improper Payments. In the event that a claim has been reimbursed and is subsequently identified as not qualifying for reimbursement, one or all of the following procedures shall apply:
(i) First, upon the Recordkeeper’s identification of the improper payment, the Eligible Employee Participant will be required to pay back to the Plan an amount equal to the improper payment.
(ii) Second, where the Eligible Employee Participant does not pay back to the Plan the amount of the improper payment, the Employer will have the amount of the improper payment withheld from the Eligible EmployeeParticipant’s wages or other compensation to the extent consistent with applicable law.
(iii) Third, if the improper payment still remains outstanding, the Plan may utilize a claim substitution or offset approach to resolve improper claims payments.
(iv) If the above correction efforts prove unsuccessful, or are otherwise unavailable, the Eligible Employee Participant will remain indebted to the Employer for the amount of the improper payment. In that event and consistent with its business practices, the Employer may treat the payment as it would any other business indebtedness.
(v) In addition to the above, the Employer and the Plan Administrator may take other actions they may deem necessary, in their sole discretion, to ensure that further violations of the terms of the Debit Card do not occur, including, but not limited to, denial of access to the Debit Card until the indebtedness is repaid by the Eligible EmployeeParticipant.
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Samples: Section 125 Flexible Benefit Plan Adoption Agreement