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<br />If you do not check this box, all employees in the covered group (current employees and future hires) will be <br />required to participate in the RHS program. <br /> <br />Note that the RHS plan upon which the VantageCare RHS IRS private letter ruling was based did not include <br />elective employee participation (see shaded portion of the Adoption Agreement). However, ICMA-RC has <br />obtained the opinion of counsel that this feature should be allowed as long as the requirements outlined in the <br />RHS Declaration of Trust and this Adoption Agreement are met. You may wish to discuss this feature with your <br />own benefits counsel. Any questions regarding this feature of the RHS program can be directed to your ICMA- <br />RC Retirement Plans Specialist. <br /> <br />B. Participant Eligibility: If desired, you may specify a minimum period of service (e.g. 6 months) and/or mini- <br />mum age (e.g. age 21) requirement. <br /> <br />VI. Contribution Sources and Amounts - This section defines the amount and types of contributions to your <br />RHS Plan. <br /> <br />A. Direct Employer Contributions and Mandatory Employee Contributions <br /> <br />You, as the employer, may choose to make <br /> <br />"f{) -'" direct employer contributions of a specific amount or percentage of earnings (as defined by you in <br />this section), . <br /> <br />. / I mandatory contributions of accumulated unused leave, <br />v <br /> <br />/ I mandatory contributions of employee compensation, or <br /> <br />I a combination of the above. <br /> <br />Your selection is made in Section VI.A. of the Adoption Agreement. Use Section VI.A.1. to define your direct <br />employer contribution formula. Use Sections VI.A.2. and 3. to define your mandatory accrued leave or compen- <br />sation contribution requirements. <br /> <br />Direct employer contributions <br /> <br />Direct employer contributions can be made as either a specific dollar amount or a percentage of earnings. <br /> <br />Please note that this definition of earnings is referred to in other sections of the Adoption Agreement. <br />You may need to complete the definition of earnings even if you do not choose to make direct employer <br />contributions. <br /> <br />Mandatory contributions of employee compensation and accumulated leave <br /> <br />Mandatory contributions can be used as a way to share responsibility for funding your retirement health plan <br />with your employees. Mandatory compensation contributions may take the form of either a reduction in salary <br />(e.g., 1 % of compensation is contributed to the Trust) or a decrease in the annual pay plan or merit increase <br />(e.g., 1 % of a 3% pay plan adjustment is contributed to the Trust). Earnings must be defined in Section VI.A.1. <br /> <br />The employer can establish an unused leave or compensation contribution formula that best fits the needs of its <br />covered employees. For example, the employer might require all accumulated leave in excess of a certain num- <br />ber of hours to be contributed to the RHS Plan on an annual basis. For mandatory contributions of both compen- <br />sation and leave, no FICA or income tax are payable at the time of contribution, and, if used for medical expens- <br />es of the participant. spouse or dependent. no FICA or income tax are payable at distribution. <br /> <br />Mandatory contributions of employee compensation or accrued leave are established by the employer - employ- <br />ees may not choose whether or not to make these contributions and they may not revise the contribution <br />amount. <br /> <br />5 <br />