Common use of Duties of the Plan Administrator Clause in Contracts

Duties of the Plan Administrator. (a) The Plan Administrator shall have the sole discretion and authority to control and manage the operation and administration of the Plan. (b) The Plan Administrator shall have complete discretion to interpret the provisions of the Plan, make findings of fact, correct errors, supply omissions, and determine the benefits payable under this Plan. All decisions and interpretations of the Plan Administrator made in good faith pursuant to the Plan shall be final, conclusive and binding on all persons, subject only to the claims procedure, and may not be overturned unless found by a court to be arbitrary and capricious. (c) The Plan Administrator shall have all other powers necessary or desirable to administer the Plan, including, but not limited to, the following: (1) To prescribe procedures to be followed by Participants in making elections under the Plan and in filing claims under the Plan; (2) To prepare and distribute information explaining the Plan to Participants; (3) To receive from Participants and Dependents such information as shall be necessary for the proper administration of the Plan; (4) To keep records of elections, claims, and disbursements for claims under the Plan, and any other information required by ERISA or the Code; (5) To appoint individuals or committees to assist in the administration of the Plan and to engage any other agents as it deems advisable; (6) To accept, modify or reject Participant elections under the Plan; (7) To promulgate election forms and claims forms to be used by Participants, which may be electronic in nature; (8) To determine and enforce any limits on benefit elections hereunder; and (9) To correct errors and make equitable adjustments for mistakes made in the administration of the Plan, specifically, and without limitation, to recover erroneous overpayments made by the Plan to a Participant or Dependent, in whatever manner the Plan Administrator deems appropriate, including suspensions or recoupment of, or offsets against, future payments due that Participant or Dependent .

Duties of the Plan Administrator. (a) The Plan Administrator shall have advise the sole discretion and authority Trustee with respect to control and manage all payments under the operation and administration terms of the PlanPlan and shall direct the Trustee in writing to make such payments from the Fund; provided, however, in no event shall the Trustee be required to make such payments if the Trustee has actual knowledge that such payments are contrary to the terms of the Plan and the Trust. (b) The Plan Administrator shall have complete discretion from time to interpret time establish rules, not contrary to the provisions of the PlanPlan and the Trust, make findings of fact, correct errors, supply omissions, and determine for the benefits payable under this Plan. All decisions and interpretations administration of the Plan Administrator made in good faith pursuant to and the transaction of its business. All elections and designations under the Plan by a Participant or Beneficiary shall be final, conclusive and binding made on all persons, subject only to forms prescribed by the claims procedure, and may not be overturned unless found by a court to be arbitrary and capricious. (c) Plan Administrator. The Plan Administrator shall have discretionary authority to construe the terms of the Plan and shall determine all other powers necessary or desirable to administer questions arising in the administration, interpretation and application of the Plan, including, but not limited to, those concerning eligibility for benefits and it shall not act so as to discriminate in favor of any person. All determinations of the following: (1) To prescribe procedures Plan Administrator shall be conclusive and binding on all 19 22 Employees, Members, Beneficiaries and Fiduciaries, subject to be followed by Participants in making elections under the provisions of the Plan and in filing claims under the Plan;Trust and subject to applicable law. (2c) To prepare The Plan Administrator shall furnish Members and distribute information explaining the Plan to Participants; (3) To receive from Participants and Dependents such information as shall be necessary for the proper administration of the Plan; (4) To keep records of elections, claims, and disbursements for claims under the Plan, and any other information Beneficiaries with all disclosures now or hereafter required by ERISA or the Code; (5) To appoint individuals or committees to assist in . The Plan Administrator shall file, as required, the administration various reports and disclosures concerning the Plan and its operations as required by ERISA and by the Code, and shall be solely responsible for establishing and maintaining all records of the Plan and to engage the Trust. (d) The statement of specific duties for a Plan Administrator in this Section is not in derogation of any other agents as it deems advisable; (6) To accept, modify or reject Participant elections duties which a Plan Administrator has under the Plan; (7) To promulgate election forms and claims forms to be used by Participants, which may be electronic in nature; (8) To determine and enforce any limits on benefit elections hereunder; and (9) To correct errors and make equitable adjustments for mistakes made in the administration provisions of the Plan, specifically, and without limitation, to recover erroneous overpayments made by Plan or the Plan to a Participant Trust or Dependent, in whatever manner the Plan Administrator deems appropriate, including suspensions or recoupment of, or offsets against, future payments due that Participant or Dependent under applicable law.