Fiduciary Responsibility. Plan Sponsor acknowledges that it is the named fiduciary with respect to the Plan. Plan Sponsor understands and agrees that it and the Plan Administrator have delegated to MHHSI the authority to determine the Plan design but that Plan Sponsor and the Plan Administrator shall maintain discretion to accept such Plan design and shall maintain full responsibility for continued compliance with all provisions of applicable federal, state, and local laws, including, but not limited to: ERISA; the Internal Revenue Code of 1986, as amended; the Consolidated Omnibus Reconciliation Act of 1985, as amended (“COBRA”); the Family and Medical Leave Act of 1993, as amended; the Health Insurance Portability and Accountability Act of 1996, as may be amended (“HIPAA”); the Mental Health Parity Act of 1996, as may be amended; the Newborns’ and Mothers’ Health Protection Act of 1996, as may be amended; the Women’s Health and Cancer Rights Act of 1998, as may be amended; the Deficit Reduction Act of 1984, as amended; and the Tax Equity and Fiscal Responsibility Act of 1982, as amended. Plan Sponsor acknowledges that Plan compliance shall include, but not be limited to, the following: preparation and filing of Forms 5500 [or 990 for 501(c) tax-exempt funds] and all related schedules; preparation or review of all ERISA required plan documentation; advising Covered Persons of their rights under any federal, state or local law, and the preparation and distribution of any notices, except for certificates of creditable coverage, required to be distributed under such laws; and preparation, distribution and filing of all reports related to the Plan required under any federal, state or local law, including but not limited to with the Internal Revenue Service and with the U.S. Department of Labor.
Appears in 4 contracts
Samples: Administrative Services Agreement, Administrative Services Agreement, Administrative Services Agreement
