Corporation as Claim Fiduciary Sample Clauses

Corporation as Claim Fiduciary. If this Contract is an integral part of an employee welfare benefit plan subject to the provisions of the Employee Retirement Income Security Act of 1974, as amended (ERISA), the Corporation is a claim fiduciary. As claim fiduciary, the Corporation shall have the discretionary authority to determine eligibility for benefits and to construe the terms of that part of the ERISA plan represented by this Contract. Any judicial review of a decision of the Corporation will be conducted under the arbitrary and capricious standard of review with deference given to the claim fiduciary’s decision.
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Related to Corporation as Claim Fiduciary

  • Appeals Committee ‌ An Appeals Committee is hereby established composed of one member appointed by the Union, one member appointed by the Employer or by the Association, as the case may be, and a Public Member appointed by both these members.

  • Joint Benefits Committee In order to achieve benefit cost reductions, or at a minimum, cost containment, the parties agree to establish and aggressively participate in a Joint Benefits Committee. The parties agree that the Joint Benefits Committee shall explore all potential options or changes that could generate cost reductions to the Benefit Plans with the following order of priorities:

  • Joint Insurance Committee The Committee shall be referred to as the Joint Insurance Committee (Academic Employees).

  • Benefits Committee As per LOA#10, a benefits committee comprised of the employee representatives and the employer representatives, including the Crown, shall convene upon request to address all matters that may arise in the operation of the OSSTF ELHT.

  • Indemnification of Receiver and Corporation From and after Bank Closing, the Assuming Institution agrees to indemnify and hold harmless the Corporation and the Receiver and their respective directors, officers, employees and agents from and against any and all costs, losses, liabilities, expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred in connection with any of the following:

  • Association-Management Committee There shall be an Association-Management Committee comprised of two (2) representatives of the parties. The Committee shall meet quarterly, unless otherwise mutually agreed. Agenda items to be discussed shall be exchanged in writing at least five calendar days prior to the meeting. Meetings of this Committee will be to discuss matters of mutual concern, matters relating to nursing, professional practice, scheduling and work load issues. The Committee shall promote and provide for effective and meaningful communication. The parties agree Self Scheduling is appropriate subject matter to discuss in this forum.

  • Benefits Advisory Committee The Board agrees to establish a Benefits Advisory Committee to provide stakeholder input into maintaining quality and affordable benefits. The focus of this committee shall be to:

  • Claims Administrator A. The Human Resources Director through his/her designated Claims Administrators shall administer the provision of this policy. The City Physician shall provide the City's Claims Administrators with all available medical information concerning the Employee's injury and/or medical opinions as requested. Medical information and opinions shall be based upon the Employee's medical records and/or physical examination. Questions of Employee eligibility shall be determined by the provisions established under State Statute 49-110, 49-111 and Oklahoma Worker's Compensation Title 85. Prior to any denial of injury leave benefits where lost time actually occurred, the administrator shall notify Union and allow a Union representative the opportunity to review the application pending denial and provide any additional information relating to same as may be necessary. Should the City change designated Claims Administrators Local 176 will be notified in writing.

  • Oversight Committee The Company and Union shall each appoint two members to be part of an Oversight Committee. The Oversight Committee will attempt to resolve any issues that may arise regarding this Letter of Agreement. Issues that the Oversight Committee cannot resolve will be escalated to the Company’s and Union’s respective designees to attempt resolution prior to a grievance being filed and Subsection 102.3(a)(2) timelines will be waived. The Oversight Committee shall also meet and confer over the assessment and advanced placement of new entrants into the Towerman LOP. If you agree, please so indicate in the space provided below and return one executed copy of this letter to the Company. Very truly yours, PACIFIC GAS & ELECTRIC COMPANY By: S/Xxxxxx Xxxx Xxxxxx Xxxx Senior Director The Union is in agreement. CIO LOCAL UNION NO. 1245, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL- May 25 , 2017 By: S/Xxx Xxxxxxx Xxx Xxxxxxx Business Manager LETTER AGREEMENT NO. 19-15-PGE‌ PACIFIC GAS AND ELECTRIC COMPANY LABOR RELATIONS 000 X. XXXXX XXXX SUITE 130 WALNUT CREEK, CA 94598 925.974.4461 INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO LOCAL UNION 1245, I.B.E.W. P.O. BOX 2547 VACAVILLE, CALIFORNIA 95696 707.452.2700 XXXXXXX XXXX DIRECTOR XXX XXXXXXX BUSINESS MANAGER May 14, 2019 Xx. Xxx Xxxxxxx, Business Manager Local Union No. 1245 International Brotherhood of Electrical Workers, AFL-CIO P.O. Box 2547 Vacaville, CA 95696 Dear Xx. Xxxxxxx: In 2015, the parties agreed to Letter of Agreement 15-07 and by doing so created a career path for the Towerman classification (Code 50010430) to move into the General Construction (GC) Line of Progression. This career path was then updated with the language of Letter of Agreement 17-40 which eliminated the Pre-Apprentice Lineworker classification. Following the implementation of the above agreements, the parties have recognized a need to clarify the bidding rights from the Towerman position to GC Apprentice Lineman (Code 50449567). Specifically, the two prior agreements noted that top of the rate Towermen will be released from the five-year lock provided for in Letter of Agreement 07-33 to bid to Title 300 General Construction Apprentice Lineworker positions. Going forward, the parties agree that the above release from the Letter of Agreement 07-33 lock to bid is only to those GC Apprentice Lineman positions in the Electric Transmission organization. The employee will no longer be released from the provisions of Letter of Agreement 07-33 to bid to Title 300 GC Line positions in distribution. All other terms and conditions of Letters of Agreement 15-07 and 17-40 are to remain in effect in regard to the Towerman position. If you agree, please so indicate in the space provided below and return one executed copy of this letter to the Company. Very truly yours, PACIFIC GAS AND ELECTRIC COMPANY By: s/Xxxxxxx Xxxx Xxxxxxx Xxxx Director The Union is in agreement. CIO LOCAL UNION NO. 1245, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL- July 22 , 2019 By: s/Xxx Xxxxxxx Xxx Xxxxxxx Business Manager LETTER AGREEMENT NO. 19-19-PGE‌ PACIFIC GAS AND ELECTRIC COMPANY LABOR RELATIONS 000 X. XXXXX XXXX SUITE 130 WALNUT CREEK, CA 94598 925.974.4461 INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO LOCAL UNION 1245, I.B.E.W. P.O. BOX 2547 VACAVILLE, CALIFORNIA 95696 707.452.2700 XXXXXXX XXXX DIRECTOR XXX XXXXXXX BUSINESS MANAGER June 7, 2019 Xx. Xxx Xxxxxxx, Business Manager Local Union No. 1245 International Brotherhood of Electrical Workers, AFL-CIO P.O. Box 2547 Vacaville, CA 95696 Dear Xx. Xxxxxxx: The implementation of Letter of Agreement 17-40 updated the Apprentice Lineman program. Since then, the parties continue to meet regularly to evaluate the Apprentice Lineman program and develop improvements as necessary. During these evaluations, it has become apparent that the program needs to improve the process for employees entering the apprenticeship. Currently, employees are required to attend the Company’s Three-Day Climbing Course prior to reporting to the positions. However, the current requirement is only to complete the course. Based on input from the above review, this Agreement proposes to establish a requirement to pass the above Three-Day Climbing Course prior to entry into the Apprentice Lineman or Apprentice Lineman – GC positions. The new requirement to successfully complete the course will be effective with those internal bidders, including those awarded the positions through an Unrestricted Award, who are beginning the apprenticeship on August 1, 2019, or later. An internal bidder who is unsuccessful at the Three-Day Climbing Course will be bypassed for that specific job award. However, the employee will be provided one additional opportunity to successfully complete the course should he or she receive an additional Apprentice Lineman bid or award. If you agree, please so indicate in the space provided below and return one executed copy of this letter to the Company. Very truly yours, PACIFIC GAS AND ELECTRIC COMPANY The Union is in agreement. CIO By: s/Xxxxxxx Xxxx Xxxxxxx Xxxx Director LOCAL UNION NO. 1245, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL- June 11 , 2019 By: s/Xxx Xxxxxxx Xxx Xxxxxxx Business Manager Retained for Historical Purposes LETTER AGREEMENT NO. 93-69-PGE October 8, 1993 Pacific Gas & Electric Co. 000 Xxxxxxx Xxxxxx, Xxxxxxxxx Xxxxx Xxx Xxxxxxxxx, XX 00000 Attention: Mr. Xxxxx Xxxxxxx Director & Chief Negotiator Gentlemen: Pursuant to the provisions of Titles 305 and 306 and the understandings reached at the conclusion of negotiations for the Labor Agreement dated January 1, 1991, and the Union and Company Subcommittees' subsequent discussions, we are submitting the following proposal relative to the Lines of Progression in the General Construction Line Department as they pertain to Titles 305 and 306. The proposed Lines of Progression are set forth on the attached General Construction Line Department Lines of Progression chart. Other letter agreements, Labor Agreement Clarifications and grievance settlements clarifying the Lines of Progression are also attached. Certain of these letter agreements and clarifications have been modified to reflect other changes that took place subsequent to the signing of the original document. Such changes are identified in each document by bracketing [ ] deletions and boldfacing additions. Each document is incorporated herein as though set forth in full. These Lines of Progression will be effective on execution of this letter agreement. If you are in accord with the foregoing and agree thereto, please so indicate in the space provided below and return one executed copy of this letter to the Union. Yours truly, LOCAL UNION NO. 1245, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO By: s/Xxxx XxXxxxx Xxxx XxXxxxx Business Manager The Company is in accord with the foregoing and agrees thereto as of the date hereof. PACIFIC GAS AND ELECTRIC COMPANY October 15 , 1993 By: s/Xxxxx X. Xxxxxxx Xxxxx Xxxxxxx Director & Chief Negotiator Attachment: a/s RS:Im Retained for Historical Purposes GENERAL CONSTRUCTION CLASSIFICATION CONSOLIDATION

  • Indemnification of Directors and Officers (a) From and after the Effective Time, Parent shall cause the Surviving Corporation to, and the Surviving Corporation agrees to, indemnify, defend and hold harmless in accordance with the Certificate of Incorporation and By-laws of the Company, and subject to the limitations of the BCL, each present and past officer, director, employee, representative or agent (other than Xxxxxxxx and Xxxxx), of the Company (or any subsidiary or division thereof), including, without limitation, each person controlling any of the foregoing persons (individually, an "Indemnified Party" and collectively, the "Indemnified Parties"), against all losses, claims, damages, liabilities, costs or expenses (including attorneys' fees), judgments, fines, penalties and amounts paid in settlement in connection with any claim, action, suit, proceeding or investigation arising out of or pertaining to acts or omissions, or alleged acts or omissions, by them in their capacities as such, whether commenced, asserted or claimed before or after the Effective Time. In the event of any such claim, action, suit, proceeding or investigation (an "Action"), (i) the Surviving Corporation shall advance the reasonable fees and expenses of counsel selected by the Indemnified Party, which counsel shall be reasonably acceptable to Parent, in advance of the final disposition of any such action; provided, however, that prior to advancement of fees and expenses, the Indemnified Party shall provide an undertaking in form and substance reasonably satisfactory to the Surviving Corporation, and (ii) the Surviving Corporation will cooperate in the defense of any such matter; provided, however, that the Surviving Corporation shall not be liable for any settlement effected without its written consent (which consent shall not be unreasonably withheld or delayed) and provided, further, that the Surviving Corporation shall not be obligated pursuant to this Section to pay the fees and disbursements of more than one counsel for all Indemnified Parties in any single Action except to the extent that, in the opinion of counsel for the Indemnified Parties, to do so would be inappropriate due to actual or potential differing interests between or among such parties. (b) For a period of six years after the Effective Time, the Surviving Corporation shall not amend the provisions of its Certificate of Incorporation and By-laws providing for exculpation of director and officer liability and indemnification, except as required by applicable law. (c) Parent shall cause the Surviving Corporation to, and the Surviving Corporation agrees to, maintain in effect for the Indemnified Parties for not less than three years the current policies of directors' and officers' liability insurance and fiduciary liability insurance maintained by the Company and the Company's subsidiaries with respect to matters occurring at or prior to the Effective Time; provided, that Parent may substitute therefor policies of substantially the same coverage containing terms and conditions which are no less advantageous, in any material respect, to the Indemnified Parties. (d) Parent shall cause the Surviving Corporation to, and the Surviving Corporation agrees to, pay all expenses, including attorneys' fees, that may be incurred by any Indemnified Parties in enforcing the indemnity and other obligations provided for in this Section 6.9. (e) The rights of each Indemnified Party hereunder shall be in addition to any other rights such Indemnified Party has under the Certificate of Incorporation or By-laws of the Company, under the BCL or otherwise. This Section 6.9 is intended to benefit each of the Indemnified Parties and shall be binding on all successors and assigns of Newco, the Company and the Surviving Corporation. 6.10

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