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all or part of the increases in such Compensation and to have such amounts contributed by the <br />Employer to the Plan on the Participant's behalf. The Salary Redirection Agreement shall apply <br />only to Compensation that has not been actually or constructively received by the Participant as <br />of the date of the agreement (after taking this Plan and Code Section 125 into account) and, <br />subsequently does not become currently available to the Participant. <br /> <br /> 1.23 "Spouse" means the legally married husband or wife of a Participant, unless <br />legally separated by court decree. <br /> <br />ARTICLE II <br />PARTICIPATION <br /> <br />2.1 ELIGIBILITY <br /> <br /> Any Eligible Employee shall be eligible to participate hereunder as of the date he <br />satisfies the eligibility conditions for the Employer's group medical plan, the provisions of which <br />are specifically incorporated herein by reference. Regardless of the preceding, an Eligible <br />Employee shall be eligible to participate hereunder with respect to the Health Care <br />Reimbursement Plan 1 month(s) after his initial date of employment with the Employer. <br />However, any Eligible Employee who was a Participant in the Plan on the effective date of this <br />amendment shall continue to be eligible to participate in the Plan. <br /> <br />2.2 EFFECTIVE DATE OF PARTICIPATION <br /> <br /> An Eligible Employee shall become a Participant effective as of the first day of <br />the month coinciding with or next following the date on which he met the eligibility requirements <br />of Section 2.1. <br /> <br />2.3 APPLICATION TO PARTICIPATE <br /> <br /> An Employee who is eligible to participate in this Plan shall, during the applicable <br />Election Period, complete an application to participate and election of benefits form which the <br />Administrator shall furnish to the Employee. The election made on such form shall be <br />irrevocable until the end of the applicable Plan Year unless the Participant is entitled to change <br />his Benefit elections pursuant to Section 5.4 hereof. <br /> <br /> An Eligible Employee shall also be required to execute a Salary Redirection <br />Agreement during the Election Period for the Plan Year during which he wishes to participate in <br />this Plan. Any such Salary Redirection Agreement shall be effective for the first pay period <br />beginning on or after the Employee's effective date of participation pursuant to Section 2.2. <br /> <br />2.4 TERMINATION OF PARTICIPATION <br /> <br /> A Participant shall no longer participate in this Plan upon the occurrence of any <br />of the following events: <br /> <br /> (a) <br />Section 2.5; <br /> <br />His termination of employment, subject to the provisions of <br /> <br />(b) His death, subject to the provisions of Section 2.6; or <br /> <br /> (c) <br />10.2. <br /> <br />The termination of this Plan, subject to the provisions of Section <br /> <br />3 <br /> <br /> <br />