Common use of ERISA Fiduciaries Clause in Contracts

ERISA Fiduciaries. If Your Group Health Plan is subject to ERISA, You, or Your designee (other than Us), will be the plan administrator of Your Group Health Plan under ERISA and will have all the responsibilities and authority of that position including ensuring compliance with ERISA, preparing and distributing summary plan descriptions, and advising all Members of (i) available benefits and any changes in benefits; (ii) termination of coverage for any reason, including the failure to make any payments when due; and (iii) their COBRA rights, if any. We may not be named as, and will not be considered to be, a “named fiduciary” or “plan administrator” within the meaning of ERISA for Your Group Health Plan governed by ERISA. You may delegate the responsibility and discretionary authority to process and pay claims to Us as “claims administrator” and retain all other responsibilities and duties under ERISA not specifically delegated to Us. We agree to assume such responsibility and authority, including any responsibility We may have as a “named fiduciary” (as defined under ERISA § 402) for purposes of Our claims administration duties, to the extent that under the Group Health Plan and ERISA We meets the definition of a “named fiduciary.” As the named administrator, We will have the power and discretion to construe the terms of the Plan Documents and to determine all questions pertaining to the administration, interpretation, and application of the Plan Documents that involve eligibility for benefits and the payment or denial of claims. In addition, the parties agree that We will have the responsibility for ensuring that Our claim procedures comply with the Department of Labor’s Claims Procedures (described in 29 C.F.R. § 2560) and for handling all levels of appeals.

Appears in 2 contracts

Samples: California Subscriber Agreement, California Subscriber Agreement

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ERISA Fiduciaries. If Your Group Health Plan is subject to ERISA, You, or Your designee (other than Us), will be the plan administrator of Your Group Health Plan under ERISA and will have all the responsibilities and authority of that position including ensuring compliance with ERISA, preparing and distributing summary plan descriptions, and advising all Members of (i) available benefits and any changes in benefits; (ii) termination of coverage for any reason, including the failure to make any payments when due; and (iii) their COBRA rights, if any. We may not be named as, and will not be considered to be, a “named fiduciary” or “plan administrator” within the meaning of ERISA for Your Group Health Plan governed by ERISA. You may delegate the responsibility and discretionary authority to process and pay claims to Us as “claims administrator” and retain all other responsibilities and duties under ERISA XXXXX not specifically delegated to Us. We agree to assume such responsibility and authority, including any responsibility We may have as a “named fiduciary” (as defined under ERISA § 402) for purposes of Our claims administration duties, to the extent that under the Group Health Plan and ERISA We meets the definition of a “named fiduciary.” As the named administrator, We will have the power and discretion to construe the terms of the Plan Documents and to determine all questions pertaining to the administration, interpretation, and application of the Plan Documents that involve eligibility for benefits and the payment or denial of claims. In addition, the parties agree that We will have the responsibility for ensuring that Our claim procedures comply with the Department of Labor’s Claims Procedures (described in 29 C.F.R. § 2560) and for handling all levels of appeals.

Appears in 1 contract

Samples: California Subscriber Agreement

ERISA Fiduciaries. If Your Group Health Plan is subject to ERISA, You, or Your designee (other than Us), will be the plan administrator of Your Group Health Plan under ERISA and will have all the responsibilities and authority of that position including ensuring compliance with ERISA, preparing and distributing summary plan descriptions, and advising all Members of (i) available benefits and any changes in benefits; (ii) termination of coverage for any reason, including the failure to make any payments when due; and (iii) their COBRA rights, if any. We may not be named as, and will not be considered to be, a “named fiduciary” or “plan administrator” within the meaning of ERISA for Your Group Health Plan governed by ERISA. You may delegate the responsibility and discretionary authority to process and pay claims to Us as “claims administrator” and retain all other responsibilities and duties under ERISA XXXXX not specifically delegated to Us. We agree to assume such responsibility and authority, including any responsibility SECTION VI: GENERAL PROVISIONS We may have as a “named fiduciary” (as defined under ERISA § 402) for purposes of Our claims administration duties, to the extent that under the Group Health Plan and ERISA We meets the definition of a “named fiduciary.” As the named administrator, We will have the power and discretion to construe the terms of the Plan Documents and to determine all questions pertaining to the administration, interpretation, and application of the Plan Documents that involve eligibility for benefits and the payment or denial of claims. In addition, the parties agree that We will have the responsibility for ensuring that Our claim procedures comply with the Department of Labor’s Claims Procedures (described in 29 C.F.R. § 2560) and for handling all levels of appeals.

Appears in 1 contract

Samples: Group Subscriber Agreement

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ERISA Fiduciaries. If Your Group Health Plan is subject to ERISA, You, or Your designee (other than Us), will be the plan administrator of Your Group Health Plan under ERISA and will have all the responsibilities and authority of that position including ensuring compliance with ERISA, preparing and distributing summary plan descriptions, and advising all Members of (i) available benefits and any changes in benefits; (ii) termination of coverage for any reason, including the failure to make any payments when due; and (iii) their COBRA rights, if any. We may not be named as, and will not be considered to be, a “named fiduciary” or “plan administrator” within the meaning of ERISA for Your Group Health Plan governed by ERISA. You may delegate the responsibility and discretionary authority to process and pay claims to Us as “claims administrator” and retain all other responsibilities and duties under ERISA not specifically delegated to Us. We agree to assume such responsibility and authority, including any responsibility SECTION VI: GENERAL PROVISIONS We may have as a “named fiduciary” (as defined under ERISA § 402) for purposes of Our claims administration duties, to the extent that under the Group Health Plan and ERISA We meets the definition of a “named fiduciary.” As the named administrator, We will have the power and discretion to construe the terms of the Plan Documents and to determine all questions pertaining to the administration, interpretation, and application of the Plan Documents that involve eligibility for benefits and the payment or denial of claims. In addition, the parties agree that We will have the responsibility for ensuring that Our claim procedures comply with the Department of Labor’s Claims Procedures (described in 29 C.F.R. § 2560) and for handling all levels of appeals.

Appears in 1 contract

Samples: Group Subscriber Agreement

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