Common use of Duties of Client Clause in Contracts

Duties of Client. Commencing on the Effective Date as set forth in the Quote, Client accepts the following responsibilities with respect to the Plan(s): a) Serve as Plan Administrator and Fiduciary as described under ERISA and the Internal Revenue Code, and maintains authority to establish, waive, alter, or modify any of the Benefit Spending Account’s terms and conditions. Exercise all discretion, control and authority over the available benefits. Establish eligibility requirements consistent with its Plan Document in order for employees to participate in the Benefit Spending Account(s). b) As Plan Fiduciary, ensure that the Plan documents identified in 29(l) are appropriately completed, are in compliance with applicable laws and regulations, and are adopted timely. c) Distribute to participants any required documents such as Plan Documents, Summary Plan Description, Summary of Benefits and Coverage, and any other documentation related to the Benefit Spending Account(s) on a timely basis. d) Determine who is eligible to participate in the Benefit Spending Account(s) and provides Company accurate and complete enrollment information in a reasonable manner determined by Company. e) Provide Company with accurate and timely changes in participant enrollment and eligibility in the prescribed manner. Changes may include, but are not limited to, participant eligibility status, election changes, leaves of absence and terminations. f) Ensure that any electronic files provided by their medical carrier(s), payroll data processor, HRIS system and/or HRIS vendor are timely, accurate and complete in the Company’s prescribed electronic file format. Client is responsible for correcting all errors in any electronic file provided to Company. Company does not audit electronic data files. g) Make sufficient funds available for the payment of Benefit Spending Account benefits in accordance with the terms of benefit Plan Document and in accordance with the applicable claims funding method as described in paragraph 32 below. These funds shall be clearly separate from any funds otherwise made available for other purposes (e.g., Service Fees). Any Client bank changes must be provided in writing to Company. h) As Plan Fiduciary, review and make final determination regarding any claim for plan benefits or coverage which is appealed after initial denial by Company. i) Provide Company any requested, additional information necessary to provide administrative services to the Plan in a timely manner. j) Pay all administrative fees identified on the Quote on a monthly or annual basis. k) Client is responsible for banking fees incurred for administration of its Benefit Spending Account(s). This includes, but is not limited to, standard monthly banking fees, stop payment fees, returned check fees, and returned direct deposit fees. l) Comply with all applicable laws, including but not limited to HIPAA, COBRA, PPACA, and ERISA, with respect to your Benefit Spending Account(s) and make any required filings with the appropriate governmental agencies, including the Department of Labor and the Internal Revenue Service. m) Client shall not utilize the System to resell or otherwise provide administration services to any other business entity.

Duties of Client. Commencing on the Effective Date as set forth in the Quote, Client accepts the following responsibilities with respect to the Plan(s): a) Serve as Plan Administrator and Fiduciary as described under ERISA and the Internal Revenue Code, and maintains authority to establish, waive, alter, or modify any of the Benefit Spending Account’s terms and conditions. Exercise all discretion, control and authority over the available benefits. Establish eligibility requirements consistent with its Plan Document in order for employees to participate in the Benefit Spending Account(s). b) As Plan Fiduciary, ensure that the Plan documents identified in 29(l) are appropriately completed, are in compliance with applicable laws and regulations, and are adopted timely. c) Distribute to participants any required documents such as Plan Documents, Summary Plan Description, Summary of Benefits and Coverage, and any other documentation related to the Benefit Spending Account(s) on a timely basis. d) Determine ▇▇▇▇▇▇▇▇▇ who is eligible to participate in the Benefit Spending Account(s) and provides provide Company accurate and complete enrollment information in a reasonable manner determined by Company. e) Provide Company with accurate and timely changes in participant enrollment and eligibility in the prescribed manner. Changes may include, but are not limited to, participant eligibility status, election changes, leaves of absence and terminations. f) Ensure that any electronic files provided by their Client’s medical carrier(s), payroll data processor, HRIS system and/or HRIS vendor are timely, accurate and complete in the Company’s prescribed electronic file format. Client is responsible for reviewing and correcting all errors in any electronic file provided to Company. Company does not audit electronic data files. g) Make sufficient funds available for the payment of Benefit Spending Account benefits in accordance with the terms of benefit Plan Document and in accordance with the applicable claims funding method as described in paragraph 32 below. These funds shall be clearly separate from any funds otherwise made available for other purposes (e.g., Service Fees). Any Client bank changes must be provided in writing to Company. h) As Plan Fiduciary, review and make final determination regarding any claim for plan benefits or coverage which is appealed after initial denial by Company. i) Provide Company any requested, additional information necessary to provide administrative services to the Plan in a timely manner. j) Pay all administrative fees identified on the Quote on a monthly or annual basis. k) Client is responsible for banking fees incurred for administration of its Benefit Spending Account(s). This includes, but is not limited to, standard monthly banking fees, stop payment fees, returned check fees, and returned direct deposit fees. l) Comply with all applicable laws, including but not limited to HIPAA, COBRA, PPACA, and ERISA, with respect to your Benefit Spending Account(s) and make any required filings with the appropriate governmental agencies, including the Department of Labor and the Internal Revenue Service. m) Client shall not utilize the System to resell or otherwise provide administration services to any other business entity.