Flexible Spending Arrangements. Effective as of the AOL Employee Transfer Time, AOL shall, or shall cause its Affiliates to, have in effect flexible spending arrangements under a cafeteria plan qualifying under Section 125 of the Code (“AOL Cafeteria Plan”). Promptly following the AOL Employee Transfer Time, with respect to each individual who, as of the AOL Employee Transfer Time, is an AOL LLC Employee, a Former AOL LLC Employee or a Transferred Entity Employee, and who has a flexible spending arrangement under the cafeteria plan sponsored by TWX or any of its Affiliates (the “TWX Cafeteria Plan”), TWX shall transfer to AOL all relevant records relating to flexible spending arrangements of such AOL LLC Employees, Former AOL LLC Employees and Transferred Entity Employees under the TWX Cafeteria Plan and any other information necessary for the administration of the AOL Cafeteria Plan with respect to such flexible spending arrangements. AOL shall, or shall cause its Affiliates to, cause the AOL Cafeteria Plan to accept, effective as of the AOL Employee Transfer Time, a spin-off of the flexible spending arrangements of individuals who, as of the AOL Employee Transfer Time, are AOL LLC Employees, Former AOL LLC Employees and Transferred Entity Employees and who have a flexible spending arrangement under the TWX Cafeteria Plan, from the TWX Cafeteria Plan, and to honor and continue, through the end of the plan year in which the AOL Employee Transfer Time occurs, the elections made by each such employee with respect to a flexible spending arrangement under the TWX Cafeteria Plan for such plan year. Notwithstanding the second sentence of Section 5.03 above, from and after the AOL Employee Transfer Time, the AOL Group shall assume and be solely responsible for all flexible spending arrangement claims by all individuals whose flexible spending arrangements transferred pursuant to this Section 9.01 under the TWX Cafeteria Plan that were incurred in the year in which the AOL Employee Transfer Time occurs, whether incurred prior to, at or after the AOL Employee Transfer Time, that have not been paid in full as of the AOL Employee Transfer Time.
Flexible Spending Arrangements. (a) Effective as of the Distribution, BNED Employees will cease participation in the flexible spending arrangements under each cafeteria plan qualifying under Section 125 of the Code sponsored by any member of the B&N Group (the “B&N Cafeteria Plan”). Effective as of the Distribution, BNED or its Subsidiaries will establish flexible spending arrangements under a cafeteria plan qualifying under Section 125 of the Code (the “BNED Cafeteria Plan”).
Flexible Spending Arrangements. 8.1 To the extent not already established or sponsored before the date of this Agreement, no later than the end of the last relevant Service Term, Alcon Inc. shall establish or sponsor, or shall procure that a member of its Group establishes or sponsors, one or more flexible benefit plans under a cafeteria plan qualifying under Section 125 of the Code for the benefit of US Alcon Employees providing for medical and dependent care flexible spending accounts (the Alcon FSAs).
Flexible Spending Arrangements. The Transferee agrees to cause a flexible spending and dependent care reimbursement account plan of the Transferee (Transferee’s Flex Plan) to accept a spin-off of the flexible spending and dependent care reimbursement accounts from the Transferor’s flexible spending and dependent care reimbursement account plan (Transferor’s Cafeteria Plan) and to honor and continue through the end of the calendar year in which the Closing Date occurs the elections made by each Transferred Employee under the Transferor’s Cafeteria Plan in respect of the flexible spending and dependent care reimbursement accounts that are in effect immediately prior to the Closing Date. As of or as soon as practicable following the Closing Date, the Transferor shall cause to be transferred from the Transferor’s Cafeteria Plan to the Transferee’s Flex Plan the excess of the aggregate accumulated contributions to the flexible spending and dependent care reimbursement accounts made prior to the Closing Date during the year in which the Closing Date occurs by Transferred Employees over the aggregate reimbursement payouts made prior to the Closing Date for such year from such accounts prior to the Closing Date to the Transferred Employees. If the aggregate reimbursement payouts from the flexible spending and dependent care reimbursement accounts made prior to the Closing Date during the year in which the Closing Date occurs made to the Transferred Employees exceed the aggregate accumulated contributions to such accounts prior to the Closing Date for such year by the Transferred Employees, Transferee shall cause such excess to be transferred to the Transferor as soon as practicable following the Closing Date. On and after the Closing Date, Transferee shall assume and be solely responsible for all claims for reimbursement by the Transferred Employees under the flexible spending and dependent care reimbursement accounts of Transferor’s Cafeteria Plan, whether incurred prior to, on or after the Closing Date, that have not been paid in full as of the Closing Date.
Flexible Spending Arrangements. In the event the Closing Date occurs prior to December 31, 1997, Seller agrees to continue to cover the Transferred Employees under the flexible spending arrangements maintained by Seller prior to the Closing Date (the "Seller FSA") through December 31, 1997 so long as the affected Transferred Employees continue to remit to Seller in a timely manner their respective contributions to the Seller FSA (at the respective rates in effect on the Closing Date) for the period between the Closing Date and December 31, 1997. Until the later of December 31, 1997 or the Closing Date, Purchaser shall effectuate all payroll deductions with respect to Transferred Employees under the Seller FSA in accordance with such Employees' elections as in effect at the Closing Date (or in accordance with any valid amendment to such elections after the Closing Date). Effective as of the later of January 1, 1998 or the Closing Date, Purchaser shall establish or designate "flexible spending arrangements," within the meaning of Proposed Treasury Regulation Section 1.125-2, Q/A-7(c) covering Transferred Employees on terms no less favorable than those afforded to employees of American Buildings Company.
Flexible Spending Arrangements. (a) Effective as of the Distribution, SpinCo Employees will cease participation in the flexible spending arrangements under each cafeteria plan qualifying under Section 125 of the Code sponsored by any member of the HCMC Group (the “HCMC Cafeteria Plan”). Effective as of the Distribution, SpinCo or its Subsidiaries will establish flexible spending arrangements under a cafeteria plan qualifying under Section 125 of the Code (the “SpinCo Cafeteria Plan”).
Flexible Spending Arrangements. The Company agrees to terminate its flexible spending arrangement components of its cafeteria plan on the earlier of the Effective Date of the Merger or December 31, 1998.
Flexible Spending Arrangements. With respect to flexible spending arrangements in which Transitioned Employees participate, to the extent permitted under ERISA or the Code, Parents shall continue to apply amounts credited to the accounts of Transitioned Employees for covered medical expenses to the extent that such expenses are incurred on or before the Closing Date and with respect to dependent care expenses to the extent such expenses are incurred on or before December 31, 1998.
Flexible Spending Arrangements. The City maintains a Flexible Benefit Plan pursuant to Section 125 of the Internal Revenue Code to provide eligible active employees with access to various health and welfare benefits, including a Health Care Flexible Spending Arrangement and a Day Care Flexible Spending Arrangement.
Flexible Spending Arrangements. Insight shall amend its health care flexible spending account plan and its dependent care reimbursement plan (collectively, the “Insight FSA Plans”) so that, as of the Closing Date, Insight will not have any liability to the Transferred Employees with respect to claims incurred but not yet reimbursed at any point during the plan year that includes the Closing Date. Insight shall transfer to Comcast or its Affiliate or Comcast Newco (as Comcast directs), and Comcast or its Affiliate or Comcast Newco, as applicable, shall assume, all liabilities to Transferred Employees pursuant to their elections under the Insight FSA Plans for claims incurred before, on or after the Closing Date with respect to the plan year that includes the Closing Date. Insight shall transfer to Comcast or any of its Affiliates, and Comcast or any of its Affiliates shall accept, any balances held in the dependent care account or health flexible spending account of the Transferred Employees with respect to the plan year that includes the Closing Date.
