Common use of Employer’s Responsibilities Clause in Contracts

Employer’s Responsibilities. Employer is the benefit program sponsor and administrator. As such, only Employer has the power to waive, alter, breach or modify any of the terms and conditions of the program (“Program”), and Employer exercises all discretion, control or authority with respect to the disposition of the available benefits. As such, Employer shall: a. Ensure that the summary Program descriptions, Program documents and any other documentation relating to the Program are appropriately completed, are in compliance with all applicable laws, and are appropriately and timely adopted; b. Provide HQY with a complete copy of all summary Program descriptions and Program documents for our reference in connection with the provision of Services, which shall, among other things: • Designate what expenses are eligible for reimbursement under the Program; • Specify what information must be included on a receipt and/or claim form submitted by a participant to verify whether an expense is eligible under the Program; and • Designate the frequency of reimbursements made to participants under the Program (e.g., monthly, quarterly, annually). c. Distribute summary Program descriptions, summaries of material modifications and any other Program documentation to participants on a timely basis; d. Determine which individuals are eligible to participate in Employer’s Program and provide HQY with accurate eligibility data in the prescribed electronic data file format; e. Provide accurate and timely changes to participant eligibility data, including, but not limited to, information that modifies a participant’s eligibility or status (e.g., leaves of absence, termination), in the prescribed electronic data file format; f. Confirm the initial payroll claim reimbursement test file provided by HQY in a mutually agreed upon file format is compatible with Employer’s designated payroll system. If multiple payroll claim reimbursement files are required (e.g., one file per Program if you have multiple Programs), additional fees may apply; g. Timely retrieve and process the data files made available by HQY from either the HQY website or a designated FTP site; h. Correct all errors in any data, files or other materials provided to us by you or on your behalf by your third party service providers. HQY do not audit data, files or other information provided by Employer or its third party service providers; i. Report any reimbursements made under the Program as taxable income for each participant; j. Timely pay all service fees; k. Provide participants with any required information if Employer elects to offer Run-Out under its Program. “Run-Out” is the period after the close of the Program period during which a participant may submit claims for eligible expenses incurred during the immediately preceding Program period; l. Manage access to the employer portal of HQY’s website by Employer personnel based upon Employer’s internal confidentiality and HIPAA privacy policies and procedures; and m. Comply with all applicable laws with respect to Employer’s Program and make any required filings with the appropriate governmental agencies, including the IRS.