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<br />(4) if subsections (1) through (3) fail to recover the amount, consistent <br />with the Employer's business practices, the Employer may treat the <br />amount as any other business indebtedness <br /> <br />ARTICLE VII <br />DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT <br /> <br />7.1 ESTABLISHMENT OF ACCOUNT <br /> <br />This Dependent Care Flexible Spending Account is intended to qualify as a <br />program under Code Section 129 and shall be interpreted in a manner consistent with such <br />Code Section. Participants who elect to participate in this program may submit claims for the <br />reimbursement of Employment-Related Dependent Care Expenses. All amounts reimbursed <br />shall be paid from amounts allocated to the Participant's Dependent Care Flexible Spending <br />Account. <br /> <br />7.2 DEFINITIONS <br /> <br />For the purposes of this Article and the Cafeteria Plan the terms below shall have <br />the following meaning: <br /> <br />(a) "Dependent Care Flexible Spending Account" means the <br />account established for a Participant pursuant to this Article to which part of his <br />Cafeteria Plan Benefit Dollars may be allocated and from which <br />Employment-Related Dependent Care Expenses of the Participant may be <br />reimbursed for the care of the Qualifying Dependents of Participants. <br /> <br />(b) "Earned Income" means earned income as defined under Code <br />Section 32(c)(2), but excluding such amounts paid or incurred by the Employer <br />for dependent care assistance to the Participant. <br /> <br />(c) "Employment-Related Dependent Care Expenses" means the <br />amounts paid for expenses of a Participant for those services which if paid by the <br />Participant would be considered employment related expenses under Code <br />Section 21 (b)(2). Generally, they shall include expenses for household services <br />and for the care of a Qualifying Dependent, to the extent that such expenses are <br />incurred to enable the Participant to be gainfully employed for any period for <br />which there are one or more Qualifying Dependents with respect to such <br />Participant. Employment-Related Dependent Care Expenses are treated as <br />having been incurred when the Participant's Qualifying Dependents are provided <br />with the dependent care that gives rise to the Employment-Related Dependent <br />Care Expenses, not when the Participant is formally billed or charged for, or pays <br />for the dependent care. The determination of whether an amount qualifies as an <br />Employment-Related Dependent Care Expense shall be made subject to the <br />following rules: <br /> <br />(1) If such amounts are paid for expenses incurred outside the <br />Participant's household, they shall constitute Employment-Related <br />Dependent Care Expenses only if incurred for a Qualifying Dependent as <br />defined in Section 7.2(d)(1) (or deemed to be, as described in Section <br />7.2(d)(1) pursuant to Section 7.2(d)(3)), or for a Qualifying Dependent as <br />defined in Section 7.2(d)(2) (or deemed to be, as described in Section <br /> <br />16 <br /> <br />- <br />