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b. We renew or replace this endorsement with insurance that: (1) Has a Retroactive Date later than the date shown in the Schedule of this endorsement; or (2) Does not apply to an act, error or omission on a claims -made basis. 2. The Extended Reporting Period does not extend the policy period or change the scope of coverage provided. It applies only to "claims" for acts, errors or omissions that were first committed before the end of the policy period but not before the Retro- active Date, if any, shown in the Schedule. Once in effect, the Extended Reporting Pe- riod may not be canceled. 3. An Extended Reporting Period of five years is available, but only by an endorsement and for an extra charge. You must give us a written request for the endorsement within 60 days after the end of the policy period. The Extended Report- ing Period will not go into effect unless you pay the additional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing so, we may take into account the fol- lowing: a. The "employee benefit programs" in- sured; b. Previous types and amounts of insur- ance; c. Limits of insurance available under this endorsement for future payment of damages; and d. Other related factors. The additional premium will not exceed 100% of the annual premium for this en- dorsement. The Extended Reporting Period endorse- ment applicable to this coverage shall set forth the terms, not inconsistent with this Section, applicable to the Extended Report- ing Period, including a provision to the ef- fect that the insurance afforded for "claims" first received during such period is excess over any other valid and collectible insurance available under policies in force after the Extended Reporting Period starts. 4. If the Extended Reporting Period is in ef- fect, we will provide an extended reporting period aggregate limit of insurance de- scribed below, but only for claims first re- ceived and recorded during the Extended Reporting Period. The extended reporting period aggregate limit of insurance will be equal to the dollar amount shown in the Schedule of this en- dorsement under Limits of Insurance. Paragraph D.1.b. of this endorsement will be amended accordingly. The Each Employ- ee Limit shown in the Schedule will then continue to apply as set forth in Paragraph D.1.c. G. For the purposes of the coverage provided by this endorsement, the following definitions are added to the Definitions Section: 1. "Administration" means: a. Providing information to "employees", including their dependents and benefici- aries, with respect to eligibility for or scope of "employee benefit programs"; b. Handling records in connection with the "employee benefit program"; or c. Effecting, continuing or terminating any "employee's" participation in any bene- fit included in the "employee benefit program". However, "administration" does not include handling payroll deductions. 2. "Cafeteria plans" means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre- tax dollars. 3. "Claim" means any demand, or "suit", made by an "employee" or an "employ- ee's" dependents and beneficiaries, for damages as the result of an act, error or omission. 4. "Employee benefit program" means a pro- gram providing some or all of the following benefits to "employees", whether provided through a "cafeteria plan" or otherwise: a. Group life insurance, group accident or health insurance, dental, vision and hearing plans, and flexible spending ac- counts, provided that no one other than an "employee" may subscribe to such benefits and such benefits are made generally available to those "employ- ees" who satisfy the plan's eligibility requirements; b. Profit sharing plans, employee savings plans, employee stock ownership plans, pension plans and stock subscription plans, provided that no one other than an "employee" may subscribe to such benefits and such benefits are made generally available to all "employees" who are eligible under the plan for such benefits; CG 04 35 12 07 Copyright, ISO Properties, Inc., 2006 ��oRaN } z a RiskMmVmentDMsian REVIEWED & APPROVED BY.- F R. vj&wd Risk Management Analyst