Common use of ERISA Fiduciaries Clause in Contracts

ERISA Fiduciaries. If the GHP is subject to ERISA, Group or its designee (other than BCN) shall be the Plan Administrator of the GHP under ERISA and shall have all of the responsibilities and authority of that position including ensuring compliance with ERISA, preparing and distributing summary plan descriptions, and advising all eligible individuals of: (i) available benefits and any changes in benefits, (ii) termination of coverage for any reason, including the failure to make any payments when due, and (iii) COBRA rights, if any. Group delegates the responsibility and discretionary authority to process and pay claims to BCN as "claims administrator" and retains all other responsibilities and duties under XXXXX not specifically delegated to BCN. BCN agrees to assume such responsibility and authority, including any responsibility it may have as a "named fiduciary" (as defined under ERISA §402) for purposes of its claims administration duties, to the extent that under the GHP and XXXXX it meets the definition of a "named fiduciary." As the named claims administrator, BCN shall have the power and discretion to construe the terms of this Agreement and to determine all questions pertaining to the administration, interpretation, and application of this Agreement and any Certificates and Riders that involve eligibility for benefits and the payment or denial of claims. In addition, the parties agree that BCN shall have the responsibility for ensuring that its claims procedures comply with the Department of Labor's Claims Procedures described in 29 C.F.R. Part 2560 and for handling all levels of appeal.

ERISA Fiduciaries. If the GHP is subject to (ERISA, Group the Group, or its designee (other than BCN) BCBSM), shall be the Plan Administrator of the GHP under ERISA and shall have all of the responsibilities and authority of that position including ensuring compliance with ERISA, preparing and distributing summary plan descriptions, and advising all eligible individuals of: (i) available benefits and any changes in benefits, ; (ii) termination of coverage for any reason, including the failure to make any payments when due, ; and (iii) their COBRA rights, if any. The Group delegates the responsibility and discretionary authority to process and pay claims to BCN BCBSM as "claims administrator" and retains all other responsibilities and duties under XXXXX ERISA not specifically delegated to BCNBCBSM. BCN BCBSM agrees to assume such responsibility and authority, including any responsibility it may have as a "named fiduciary" (as defined under ERISA §402) for purposes of its claims administration duties, to the extent that under the GHP and XXXXX it meets the definition of a "named fiduciary." As the named claims administrator, BCN BCBSM shall have the power and discretion to construe the terms of this Agreement and to determine all questions pertaining to the administration, interpretation, and application of this Agreement and any Certificates and Riders that involve eligibility for benefits and the payment or denial of claims. In addition, the parties agree that BCN BCBSM shall have the responsibility for ensuring that its claims procedures comply with the Department of Labor's Claims Procedures described in 29 C.F.R. Part 2560 and for handling all levels of appeal.

ERISA Fiduciaries. If the GHP is subject to ERISA, Group or its designee (other than BCNBCBSM) shall be the Plan Administrator of the GHP under ERISA and shall have all of the responsibilities and authority of that position including ensuring compliance with ERISA, preparing and distributing summary plan descriptions, and advising all eligible individuals of: (i) available benefits and any changes in benefits, (ii) termination of coverage for any reason, including the failure to make any payments when due, and (iii) COBRA rights, if any. Group delegates the responsibility and discretionary authority to process and pay claims to BCN BCBSM as "claims administrator" and retains all other responsibilities and duties under XXXXX not specifically delegated to BCNBCBSM. BCN BCBSM agrees to assume such responsibility and authority, including any responsibility it may have as a "named fiduciary" (as defined under ERISA §402) for purposes of its claims administration duties, to the extent that under the GHP and XXXXX it meets the definition of a "named fiduciary." As the named claims administrator, BCN BCBSM shall have the power and discretion to construe the terms of this Agreement and to determine all questions pertaining to the administration, interpretation, and application of this Agreement and any Certificates and Riders that involve eligibility for benefits and the payment or denial of claims. In addition, the parties agree that BCN BCBSM shall have the responsibility for ensuring that its claims procedures comply with the Department of Labor's Claims Procedures described in 29 C.F.R. Part 2560 and for handling all levels of appeal.

ERISA Fiduciaries. If the GHP Group's health care plan is subject to ERISA, Group the Group, or its designee (other than BCN) ), shall be the Plan Administrator of the GHP Group's health care plan under ERISA and shall have all of the responsibilities and authority of that position including ensuring compliance with ERISA, preparing and distributing summary plan descriptions, and advising all eligible individuals of: (i) available benefits and any changes in benefits, ; (ii) termination of coverage for any reason, including the failure to make any payments when due, ; and (iii) their COBRA rights, if any. The Group delegates the responsibility and discretionary authority to process and pay claims to BCN as "claims administrator" and retains all other responsibilities and duties under XXXXX ERISA not specifically delegated to BCN. BCN agrees to assume such responsibility and authority, including any responsibility it may have as a "named fiduciary" (as defined under ERISA §402) for purposes of its claims administration duties, to the extent that under the GHP and XXXXX it meets the definition of a "named fiduciary." As the named claims administrator, BCN shall have the power and discretion to construe the terms of this Agreement and to determine all questions pertaining to the administration, interpretation, and application of this Agreement and any Certificates and Riders that involve eligibility for benefits and the payment or denial of claims. In addition, the parties agree that BCN shall have the responsibility for ensuring that its claims procedures comply with the Department of Labor's Claims Procedures described in 29 C.F.R. Part 2560 and for handling all levels of appealappeals.

ERISA Fiduciaries. If the GHP is subject to ERISA, Group the Group, or its designee (other than BCN) BCBSM), shall be the Plan Administrator of the GHP under ERISA and shall have all of the responsibilities and authority of that position including ensuring compliance with ERISA, preparing and distributing summary plan descriptions, and advising all eligible individuals of: (i) available benefits and any changes in benefits, ; (ii) termination of coverage for any reason, including the failure to make any payments when due, ; and (iii) their COBRA rights, if any. The Group delegates the responsibility and discretionary authority to process and pay claims to BCN BCBSM as "claims administrator" and retains all other responsibilities and duties under XXXXX ERISA not specifically delegated to BCNBCBSM. BCN BCBSM agrees to assume such responsibility and authority, including any responsibility it may have as a "named fiduciary" (as defined under ERISA §402) for purposes of its claims administration duties, to the extent that under the GHP and XXXXX it meets the definition of a "named fiduciary." As the named claims administrator, BCN BCBSM shall have the power and discretion to construe the terms of this Agreement and to determine all questions pertaining to the administration, interpretation, and application of this Agreement and any Certificates and Riders that involve eligibility for benefits and the payment or denial of claims. In addition, the parties agree that BCN BCBSM shall have the responsibility for ensuring that its claims procedures comply with the Department of Labor's Claims Procedures described in 29 C.F.R. Part 2560 and for handling all levels of appeal.

ERISA Fiduciaries. If the GHP is subject to ERISA, Group or its designee (other than BCNBCBSM) shall be the Plan Administrator of the GHP under ERISA and shall have all of the responsibilities and authority of that position including ensuring compliance with ERISA, preparing and distributing summary plan descriptions, and advising all eligible individuals of: (i) available benefits and any changes in benefits, (ii) termination of coverage for any reason, including the failure to make any payments when due, and (iii) COBRA rights, if any. Group delegates the responsibility and discretionary authority to process and pay claims to BCN BCBSM as "claims administrator" and retains all other responsibilities and duties under XXXXX not specifically delegated to BCNBCBSM. BCN BCBSM agrees to assume such responsibility and authority, including any responsibility it may have as a "named fiduciary" (as defined under ERISA §402) for purposes of its claims administration duties, to the extent that under the GHP and XXXXX ERISA it meets the definition of a "named fiduciary." As the named claims administrator, BCN BCBSM shall have the power and discretion to construe the terms of this Agreement and to determine all questions pertaining to the administration, interpretation, and application of this Agreement and any Certificates and Riders that involve eligibility for benefits and the payment or denial of claims. In addition, the parties agree that BCN BCBSM shall have the responsibility for ensuring that its claims procedures comply with the Department of Labor's Claims Procedures described in 29 C.F.R. Part 2560 and for handling all levels of appeal.

ERISA Fiduciaries. If the GHP Group's health care plan is subject to ERISA, Group the Group, or its designee (other than BCN) MHP), shall be the Plan Administrator of the GHP Group's health care plan under ERISA and shall have all of the responsibilities and authority of that position including ensuring compliance with ERISA, preparing and distributing summary plan descriptions, and advising all eligible individuals of: of (i) available benefits and any changes in benefits, ; (ii) termination of coverage for any reason, including the failure to make any payments when due, ; and (iii) their COBRA rights, rights if any. The Group delegates the responsibility and discretionary authority to process and pay claims to BCN MHP as "claims administrator" and retains all other responsibilities and duties under XXXXX ERISA not specifically delegated to BCNMHP. BCN MHP agrees to assume such responsibility and authority, including any responsibility it may have as a "named fiduciary" (as defined under ERISA §402) for purposes of its claims administration duties, to the extent that under the GHP and XXXXX ERISA it meets the definition of a "named fiduciary." ". As the named claims administrator, BCN MHP shall have the power and discretion to construe the terms of this Agreement and to determine all questions pertaining to the administration, interpretation, and application of this Agreement and any Certificates and Riders that involve eligibility for benefits and the payment or denial of claims. In addition, the parties agree that BCN MHP shall have the responsibility for ensuring that its claims procedures comply with the Department of Labor's Claims Procedures described in 29 C.F.R. Part 2560 and for handling all levels of appealappeals.