Common use of Administration of Trust Clause in Contracts

Administration of Trust. (1) The County will transmit eligibility files and all contributions as provided in Section 3 to the Trust on a bi-weekly basis for the purpose of plan administration as required by the Trust. The County will deduct administrative fees provided in Section 7(3) per participating employee from the transfer of premiums to the trust on a bi-weekly basis. Likewise, the Trust will provide the County on a bi-weekly basis employees’ plan elections (e.g., Employee Only, Employee + 1, or Employee + 2 or more). The Trust will be responsible for reconciling any billing discrepancies with their healthcare carrier plans. Any discrepancies identified will be paid or withheld from a future scheduled payment. (2) The Trust will be responsible for reimbursing the County up to a maximum of $2,274 for start-up administrative costs incurred by the County. The County shall invoice the Trust for all such costs incurred. (3) In addition to any other deductions required by this Article and/or MOU, the County shall deduct the following amounts from the employee’s pay warrant in accordance with the Section 125 Plan for ongoing administrative costs associated with the active plan under the Trust: (4) The Trust fund shall be administered by healthcare benefit Trustee(s) who shall serve in a legally recognized fiduciary capacity. The Trust shall maintain fiduciary liability insurance coverage for Trustees. The County may request to be listed as an additional insured on an endorsement of the administrator’s errors and omission policy. (5) The Trust will be responsible for all accounting practices relating to the disbursement of all trust funds. Accounting practices will be in accordance with industry standards for trust fiduciaries, including the prompt payment of any premiums due to health plan providers. To the extent that the County may be required to obtain information from the Trust for the purpose of completing its annual financial statements, the Trust will cooperate in providing necessary information. (6) The Trust will be responsible for all policies relating to the investment of trust funds, including reserves. Investment practices will be in accordance with industry fiduciary standards and best practices. (7) The parties agree that the County, to include its officers, employees, or agents, shall have no fiduciary or administrative responsibility or liability whatsoever with respect to the Trust or the plans funded by the Trust, including but not limited to the accounting decisions and practices of the Trust, the investment decisions related to Trust funds, or any other aspect of the Trust’s or plans’ administration or operation. (8) The parties will periodically review how the administration of the Trust is working, as necessary. The Trust shall establish a liaison between County’s Employee Benefits and Services Division and the Trust Administrator to address such concerns. (9) The County reserves the right to unilaterally terminate the concurrent Healthcare Benefits arrangement and cease its County-paid subsidies as provided under Section 3(3) to the Trust should an independent audit of the Trust identify substantial deficiencies or compliance issues. The County will articulate its concerns in writing and provide one hundred twenty (120) days’ notice of its intent to terminate the arrangement and cease County-paid subsidies as provided under Section 3(3) if the Trust is unable to rectify these issues within ninety (90) days from the date of the Trust’s receipt of the County’s deficiency notice. (10) The County shall have the ability to review Trust audit results and/or independently conduct its own audit of the Trust, including its operations, compliance, experience, utilization, rate setting documentation and supporting data, loss ratios, expenses, transactions, and financial results as they pertain to the Trust plan. (11) The County shall have the ability to meet with SEBA, its Board of Directors, the Trustees, Trust Counsel, or the Trust Administrator, as applicable, to discuss any concerns it has with the Trust. (12) The Trust may not terminate any coverage component of Healthcare Benefits under the SEBA plans for eligible active employees during the term of this Agreement. If a provider terminates any coverage component of such Healthcare Benefits, the County will terminate its County-paid subsidies as provided under Section 3(3) for the applicable benefit thirty (30) days prior to plan termination unless the Trust provides a suitable replacement plan such that employees are covered until coverage terminates. The County must be notified at least one hundred twenty (120) days prior to coverage termination. (13) The Trust shall cooperate with the County and provide all necessary information to the County within agreed upon or established timelines as set forth in the MOUs, plan documents, applicable law, or pursuant to the County’s request in order for the County to fulfill its compliance and regulatory obligations. To the extent allowed by applicable law, Trust shall be responsible for paying any penalties caused by its failure to comply with Trust reporting and compliance requirements. To the extent the Trust is not permitted under applicable law to fund such penalties, SEBA shall take reasonable steps to seek reimbursement to the Trust from any vendors engaged by the Trust that may be responsible for failure to meet reporting and compliance requirements. (14) SEBA shall be responsible for the Trust and the Third-Party Administrator of the Trust’s plans complying with all provisions of this Article, and any other applicable agreements related to the Trust. The County is not responsible for administration of the Trust and SEBA’s compliance with this agreement or any applicable agreements related to the Trust. This Agreement hereby supersedes and replaces all prior agreements both written and oral relating to the matters covered by this Agreement. In the event any prior agreements shall have terms which conflict with this Agreement, the terms of this Agreement shall control.

Administration of Trust. (1) The County will transmit eligibility files and all contributions as provided in Section 3 to the Trust on a bi-weekly basis for the purpose of plan administration as required by the Trust. The County will deduct administrative fees provided in Section 7(3) per participating employee from the transfer of premiums to the trust on a bi-weekly basis. Likewise, the Trust will provide the County on a bi-weekly basis employees’ plan elections (e.g., Employee Only, Employee + 1, or Employee + 2 or more). The Trust will be responsible for reconciling any billing discrepancies with their healthcare carrier plans. Any discrepancies identified will be paid or withheld from a future scheduled payment. (2) The Trust will be responsible for reimbursing the County up to a maximum of $2,274 9,058 for start-up administrative costs incurred by the County. The County shall invoice the Trust for all such costs incurred. (3) In addition to any other deductions required by this Article and/or MOU, the County shall deduct the following amounts from the employee’s pay warrant in accordance with the Section 125 Plan for ongoing administrative costs associated with the active plan under the Trust: (4) The Trust fund shall be administered by healthcare benefit Trustee(s) who shall serve in a legally recognized fiduciary capacity. The Trust shall maintain fiduciary liability insurance coverage for Trustees. The County may request to be listed as an additional insured on an endorsement of the administrator’s errors and omission policy. (5) The Trust will be responsible for all accounting practices relating to the disbursement of all trust funds. Accounting practices will be in accordance with industry standards for trust fiduciaries, including the prompt payment of any premiums due to health plan providers. To the extent that the County may be required to obtain information from the Trust for the purpose of completing its annual financial statements, the Trust will cooperate in providing necessary information. (6) The Trust will be responsible for all policies relating to the investment of trust funds, including reserves. Investment practices will be in accordance with industry fiduciary standards and best practices. (7) The parties agree that the County, to include its officers, employees, or agents, shall have no fiduciary or administrative responsibility or liability whatsoever with respect to the Trust or the plans funded by the Trust, including but not limited to the accounting decisions and practices of the Trust, the investment decisions related to Trust funds, or any other aspect of the Trust’s or plans’ administration or operation. (8) The parties will periodically review how the administration of the Trust is working, as necessary. The Trust shall establish a liaison between County’s Employee Benefits and Services Division and the Trust Administrator to address such concerns. (9) The County reserves the right to unilaterally terminate the concurrent Healthcare Benefits arrangement and cease its County-paid subsidies as provided under Section 3(3) to the Trust should an independent audit of the Trust identify substantial deficiencies or compliance issues. The County will articulate its concerns in writing and provide one hundred twenty (120) days’ notice of its intent to terminate the arrangement and cease County-paid subsidies as provided under Section 3(3) if the Trust is unable to rectify these issues within ninety (90) days from the date of the Trust’s receipt of the County’s deficiency notice. (10) The County shall have the ability to review Trust audit results and/or independently conduct its own audit of the Trust, including its operations, compliance, experience, utilization, rate setting documentation and supporting data, loss ratios, expenses, transactions, and financial results as they pertain to the Trust plan. (11) The County shall have the ability to meet with SEBA, its Board of Directors, the Trustees, Trust Counsel, or the Trust Administrator, as applicable, to discuss any concerns it has with the Trust. (12) The Trust may not terminate any coverage component of Healthcare Benefits under the SEBA plans for eligible active employees during the term of this Agreement. If a provider terminates any coverage component of such Healthcare Benefits, the County will terminate its County-paid subsidies as provided under Section 3(3) for the applicable benefit thirty (30) days prior to plan termination unless the Trust provides a suitable replacement plan such that employees are covered until coverage terminates. The County must be notified at least one hundred twenty (120) days prior to coverage termination. (13) The Trust shall cooperate with the County and provide all necessary information to the County within agreed upon or established timelines as set forth in the MOUs, plan documents, applicable law, or pursuant to the County’s request in order for the County to fulfill its compliance and regulatory obligations. To the extent allowed by applicable law, Trust shall be responsible for paying any penalties caused by its failure to comply with Trust reporting and compliance requirements. To the extent the Trust is not permitted under applicable law to fund such penalties, SEBA shall take reasonable steps to seek reimbursement to the Trust from any vendors engaged by the Trust that may be responsible for failure to meet reporting and compliance requirements. (14) SEBA shall be responsible for the Trust and the Third-Party Administrator of the Trust’s plans complying with all provisions of this Article, and any other applicable agreements related to the Trust. The County is not responsible for administration of the Trust and SEBA’s compliance with this agreement or any applicable agreements related to the Trust. This Agreement hereby supersedes and replaces all prior agreements both written and oral relating to the matters covered by this Agreement. In the event any prior agreements shall have terms which conflict with this Agreement, the terms of this Agreement shall control.

Administration of Trust. (1) The County will transmit eligibility files and all contributions as provided in Section 3 to the Trust on a bi-weekly basis for the purpose of plan administration as required by the Trust. The County will deduct administrative fees provided in Section 7(3) per participating employee from the transfer of premiums to the trust on a bi-weekly basis. Likewise, the Trust will provide the County on a bi-weekly basis employees’ plan elections (e.g., Employee Only, Employee + 1, or Employee + 2 or more). The Trust will be responsible for reconciling any billing discrepancies with their healthcare carrier plans. Any discrepancies identified will be paid or withheld from a future scheduled payment. (2) The Trust will be responsible for reimbursing the County up to a maximum of $2,274 55,289 for start-up administrative costs incurred by the County. The County shall invoice the Trust for all such costs incurred. (3) In addition to any other deductions required by this Article and/or MOU, the County shall deduct the following amounts from the employee’s pay warrant in accordance with the Section 125 Plan for ongoing administrative costs associated with the active plan under the Trust: (4) The Trust fund shall be administered by healthcare benefit Trustee(s) who shall serve in a legally recognized fiduciary capacity. The Trust shall maintain fiduciary liability insurance coverage for Trustees. The County may request to be listed as an additional insured on an endorsement of the administrator’s errors and omission policy. (5) The Trust will be responsible for all accounting practices relating to the disbursement of all trust funds. Accounting practices will be in accordance with industry standards for trust fiduciaries, including the prompt payment of any premiums due to health plan providers. To the extent that the County may be required to obtain information from the Trust for the purpose of completing its annual financial statements, the Trust will cooperate in providing necessary information. (6) The Trust will be responsible for all policies relating to the investment of trust funds, including reserves. Investment practices will be in accordance with industry fiduciary standards and best practices. (7) The parties agree that the County, to include its officers, employees, or agents, shall have no fiduciary or administrative responsibility or liability whatsoever with respect to the Trust or the plans funded by the Trust, including but not limited to the accounting decisions and practices of the Trust, the investment decisions related to Trust funds, or any other aspect of the Trust’s or plans’ administration or operation. (8) The parties will periodically review how the administration of the Trust is working, as necessary. The Trust shall establish a liaison between County’s Employee Benefits and Services Division and the Trust Administrator to address such concerns. (9) The County reserves the right to unilaterally terminate the concurrent Healthcare Benefits arrangement and cease its County-paid subsidies as provided under Section 3(3) to the Trust should an independent audit of the Trust identify substantial deficiencies or compliance issues. The County will articulate its concerns in writing and provide one hundred twenty (120) days’ notice of its intent to terminate the arrangement and cease County-paid subsidies as provided under Section 3(3) if the Trust is unable to rectify these issues within ninety (90) days from the date of the Trust’s receipt of the County’s deficiency notice. (10) The County shall have the ability to review Trust audit results and/or independently conduct its own audit of the Trust, including its operations, compliance, experience, utilization, rate setting documentation and supporting data, loss ratios, expenses, transactions, and financial results as they pertain to the Trust plan. (11) The County shall have the ability to meet with SEBA, its Board of Directors, the Trustees, Trust Counsel, or the Trust Administrator, as applicable, to discuss any concerns it has with the Trust. (12) The Trust may not terminate any coverage component of Healthcare Benefits under the SEBA plans for eligible active employees during the term of this Agreement. If a provider terminates any coverage component of such Healthcare Benefits, the County will terminate its County-paid subsidies as provided under Section 3(3) for the applicable benefit thirty (30) days prior to plan termination unless the Trust provides a suitable replacement plan such that employees are covered until coverage terminates. The County must be notified at least one hundred twenty (120) days prior to coverage termination. (13) The Trust shall cooperate with the County and provide all necessary information to the County within agreed upon or established timelines as set forth in the MOUs, plan documents, applicable law, or pursuant to the County’s request in order for the County to fulfill its compliance and regulatory obligations. To the extent allowed by applicable law, Trust shall be responsible for paying any penalties caused by its failure to comply with Trust reporting and compliance requirements. To the extent the Trust is not permitted under applicable law to fund such penalties, SEBA shall take reasonable steps to seek reimbursement to the Trust from any vendors engaged by the Trust that may be responsible for failure to meet reporting and compliance requirements. (14) SEBA shall be responsible for the Trust and the Third-Party Administrator of the Trust’s plans complying with all provisions of this Article, and any other applicable agreements related to the Trust. The County is not responsible for administration of the Trust and SEBA’s compliance with this agreement or any applicable agreements related to the Trust. This Agreement hereby supersedes and replaces all prior agreements both written and oral relating to the matters covered by this Agreement. In the event any prior agreements shall have terms which conflict with this Agreement, the terms of this Agreement shall control.

Administration of Trust. (1) The County will transmit eligibility files and all contributions as provided in Section 3 to the Trust on a bi-weekly basis for the purpose of plan administration as required by the Trust. The County will deduct administrative fees provided in Section 7(3) per participating employee from the transfer of premiums to the trust on a bi-weekly basis. Likewise, the Trust will provide the County on a bi-weekly basis employees’ plan elections (e.g., Employee Only, Employee + 1, or Employee + 2 or more). The Trust will be responsible for reconciling any billing discrepancies with their healthcare carrier plans. Any discrepancies identified will be paid or withheld from a future scheduled payment. (2) The Trust will be responsible for reimbursing the County up to a maximum of $2,274 12,379 for start-up administrative costs incurred by the County. The County shall invoice the Trust for all such costs incurred. (3) In addition to any other deductions required by this Article and/or MOU, the County shall deduct the following amounts from the employee’s pay warrant in accordance with the Section 125 Plan for ongoing administrative costs associated with the active plan under the Trust: (4) The Trust fund shall be administered by healthcare benefit Trustee(s) who shall serve in a legally recognized fiduciary capacity. The Trust shall maintain fiduciary liability insurance coverage for Trustees. The County may request to be listed as an additional insured on an endorsement of the administrator’s errors and omission policy. (5) The Trust will be responsible for all accounting practices relating to the disbursement of all trust funds. Accounting practices will be in accordance with industry standards for trust fiduciaries, including the prompt payment of any premiums due to health plan providers. To the extent that the County may be required to obtain information from the Trust for the purpose of completing its annual financial statements, the Trust will cooperate in providing necessary information. (6) The Trust will be responsible for all policies relating to the investment of trust funds, including reserves. Investment practices will be in accordance with industry fiduciary standards and best practices. (7) The parties agree that the County, to include its officers, employees, or agents, shall have no fiduciary or administrative responsibility or liability whatsoever with respect to the Trust or the plans funded by the Trust, including but not limited to the accounting decisions and practices of the Trust, the investment decisions related to Trust funds, or any other aspect of the Trust’s or plans’ administration or operation. (8) The parties will periodically review how the administration of the Trust is working, as necessary. The Trust shall establish a liaison between County’s Employee Benefits and Services Division and the Trust Administrator to address such concerns. (9) The County reserves the right to unilaterally terminate the concurrent Healthcare Benefits arrangement and cease its County-paid subsidies as provided under Section 3(3) to the Trust should an independent audit of the Trust identify substantial deficiencies or compliance issues. The County will articulate its concerns in writing and provide one hundred twenty (120) days’ notice of its intent to terminate the arrangement and cease County-paid subsidies as provided under Section 3(3) if the Trust is unable to rectify these issues within ninety (90) days from the date of the Trust’s receipt of the County’s deficiency notice. (10) The County shall have the ability to review Trust audit results and/or independently conduct its own audit of the Trust, including its operations, compliance, experience, utilization, rate setting documentation and supporting data, loss ratios, expenses, transactions, and financial results as they pertain to the Trust plan. (11) The County shall have the ability to meet with SEBA, its Board of Directors, the Trustees, Trust Counsel, or the Trust Administrator, as applicable, to discuss any concerns it has with the Trust. (12) The Trust may not terminate any coverage component of Healthcare Benefits under the SEBA plans for eligible active employees during the term of this Agreement. If a provider terminates any coverage component of such Healthcare Benefits, the County will terminate its County-paid subsidies as provided under Section 3(3) for the applicable benefit thirty (30) days prior to plan termination unless the Trust provides a suitable replacement plan such that employees are covered until coverage terminates. The County must be notified at least one hundred twenty (120) days prior to coverage termination. (13) The Trust shall cooperate with the County and provide all necessary information to the County within agreed upon or established timelines as set forth in the MOUs, plan documents, applicable law, or pursuant to the County’s request in order for the County to fulfill its compliance and regulatory obligations. To the extent allowed by applicable law, Trust shall be responsible for paying any penalties caused by its failure to comply with Trust reporting and compliance requirements. To the extent the Trust is not permitted under applicable law to fund such penalties, SEBA shall take reasonable steps to seek reimbursement to the Trust from any vendors engaged by the Trust that may be responsible for failure to meet reporting and compliance requirements. (14) SEBA shall be responsible for the Trust and the Third-Party Administrator of the Trust’s plans complying with all provisions of this Article, and any other applicable agreements related to the Trust. The County is not responsible for administration of the Trust and SEBA’s compliance with this agreement or any applicable agreements related to the Trust. This Agreement hereby supersedes and replaces all prior agreements both written and oral relating to the matters covered by this Agreement. In the event any prior agreements shall have terms which conflict with this Agreement, the terms of this Agreement shall control.