Retain Sole Responsibility for the Plans and Legal Compliance. Employer has sole responsibility for establishment and operation of the Plans. Employer shall have sole discretionary authority and responsibility for construing and interpreting the provisions of the Plans and deciding all questions of fact arising under the Plans, including but not limited to establishing standards governing the eligibility of individuals to participate in the Plans, determining whether an individual is eligible to participate in the Plans, and resolving all disputes relating to eligibility. Employer will not represent to Covered Individuals or to any third party that TPA or BCBSRI is the “Plan Administrator” as that term is defined in ERISA Section 3(16) (whether or not ERISA applies). It is Employer’s sole responsibility and duty to ensure compliance with all applicable laws and regulations, including but not limited to ERISA, COBRA, HIPAA, Sections 105, 106, 125, and 223 of the Code, and PPACA. Employer acknowledges that BCBSRI and TPA are not accounting or law firms and no services provided in accordance with this Agreement will be construed as tax or legal advice as a result of providing such services. BCBSRI’s and TPA’s provision of services under this Agreement does not relieve the Employer of its obligation to ensure compliance with applicable laws. It is Employer’s responsibility to pay any fee or penalty arising from the Plans that is assessed by the Internal Revenue Service, the Department of Labor, and/or other federal or state governmental agencies.
Retain Sole Responsibility for the Plans and Legal Compliance. Employer has sole responsibility for establishment and operation of the Plans. Employer will have sole discretionary authority and responsibility for construing and interpreting the provisions of the Plans and deciding all questions of fact arising under the Plans, including but not limited to establishing standards governing the eligibility of individuals to participate in the Plans, determining whether an individual is eligible to participate in the Plans, and resolving all disputes relating to eligibility. Employer will not represent to Covered Individuals or to any third party that UMB or any vendor of UMB is the “Plan Administrator” as that term is defined in ERISA Section 3(16) (whether or not ERISA applies). It is Employer’s sole responsibility and duty to ensure compliance with all applicable laws and regulations, including but not limited to ERISA, COBRA, HIPAA, the Code, and PPACA. Employer acknowledges that UMB is a national bank and authorized only to provide such services as permitted for a national bank, that Employer is solely responsible for offering the Plans and the Benefit Accounts to the Covered Individuals, and that UMB is not a fiduciary to the Employer, the Plans or any Covered Individuals. Employer acknowledges that UMB is not an accounting or law firm and no services provided in accordance with this Agreement will be construed as tax or legal advice as a result of providing such services, particularly whether any amounts paid to or for the benefit of any Covered Individuals pursuant to the Plans is excludable from the Covered Individual’s gross income for federal, state or local tax purposes. UMB’s provision of services under this Agreement does not relieve the Employer of its obligation to ensure compliance with applicable laws. It is Employer’s responsibility to pay any fee or penalty arising from the Plans that is assessed by the Internal Revenue Service, the Department of Labor, and/or other federal or state governmental agencies.
