Common use of Sole Responsibilities Clause in Contracts

Sole Responsibilities. A. Employer has the sole authority and responsibility for the Plans and its operation, including the authority and responsibility for administering, construing and interpreting the provisions of the Plans and making all determinations thereunder. Employer gives AmeriFlex the authority to act on behalf of Employer in connection with the Plans, but only as expressly stated in this Agreement or as otherwise mutually agreed in writing by Employer and AmeriFlex. All final determinations as to a Participant’s entitlement to Plans benefits are to be made by Employer, including any determination upon appeal of a denied claim for Plans benefits. Employer is considered the Plan Administrator and Named Fiduciary of the Plans benefits for purposes of ERISA. B. Without limiting Employer’s responsibilities described herein, it shall be Employer’s sole responsibility (as Plan Administrator) and duty to: ensure compliance with COBRA (except where Employer has otherwise engaged AmeriFlex to provide COBRA services); amend the Plans as may be necessary to ensure ongoing compliance with applicable law, including but not limited to the 2010 Health Care Act as Amended by the 2010 Health Care Reconciliation Act; prepare and file any required tax or governmental returns (including Form 5500 returns) relating to the Plans; determine if and when a valid election change has occurred; execute and retain required Plan and claims documentation; and take all other steps necessary to maintain and operate the Plans in compliance with applicable provisions of the Plans, ERISA, HIPAA, the Internal Revenue Code and other applicable federal and state laws.

Sole Responsibilities. A. Employer has the sole authority and responsibility for the Plans and its their operation, including the authority and responsibility for administering, construing and interpreting the provisions of the Plans and making all determinations thereunder. Employer gives AmeriFlex Ameriflex the authority to act on behalf of Employer in connection with the Plans, but only as expressly stated in this Agreement or as otherwise mutually agreed in writing by Employer and AmeriFlexAmeriflex. All final determinations as to a Participant’s entitlement to Plans benefits Plan benefits, including access to the use of electronic payment cards for the enjoyment of said benefits, are to be made by Employer, including Employer as well as any determination upon appeal of a denied claim for Plans benefits. Employer is considered the Plan Administrator and Named Fiduciary of the Plans benefits for purposes of ERISA. Employer is considered the administrator of the Plan. As administrator, only Employer has the power to waive, alter, breach or modify the terms and conditions of the Plan and shall exercise all discretion and authority with respect to the disposition of available benefits. B. Without limiting Employer’s responsibilities described herein, it shall be Employer’s sole responsibility (as Plan Administrator) and duty to: ensure compliance with COBRA (except where Employer has otherwise engaged AmeriFlex Ameriflex to provide COBRA services); amend the Plans as may be necessary to ensure ongoing compliance with applicable law, including but not limited to the 2010 Health Care Act as Amended amended by the 2010 Health Care Reconciliation Act; prepare and file any required tax or governmental returns (including Form 5500 returns) relating to the Plans; determine if and when a valid election change has occurred; execute and retain required Plan and claims documentation; and take all other steps necessary to maintain and operate the Plans in compliance with applicable provisions of the Plans, ERISA, HIPAA, the Internal Revenue Code and other applicable federal and state laws.