Common use of Evergreen Teachers Association Health and Welfare Trust Clause in Contracts

Evergreen Teachers Association Health and Welfare Trust. The payment of the negotiated contributions shall be made to the authorized agent for the Health and Welfare Trust. The Evergreen Teachers Association Health and Welfare Trust, on behalf of its participants who are retired employees of the District and who are eligible for Trust benefits, shall be allowed to secure health coverage for its participants through the current District Plans. The Trust will meet the following conditions: 1) Maintain the tax exempt qualification from the IRS and the California Franchise Tax Board; 2) Prepare and file all necessary documents in a timely fashion; 3) The Trust will send copies to the District of any and all documents filed with any public agency upon request from the District; 4) The Trust will comply with all applicable state and federal laws and regulations and file all legally required reports and other documents with the responsible state and federal agencies, as are now or may hereafter be required; 5) Upon request from the District, the Trust shall send copies of any and all filings required by federal or state law to the District, and the Trust's counsel will confirm to the District in writing that the foregoing conditions continue to be complied with. It is expressly agreed and understood that the Association will indemnify and hold the District harmless from and against any and all liability of whatever kind of character arising from or out of the creation or administration of the trust described herein, so long as the District makes the contributions called for herein to the Trust on a monthly basis and in a timely fashion. It is recognized that the District shall have no trustees on the Trust and shall not be involved in administering the Trust. Therefore, the Association will indemnify and hold the District harmless from and against any liability arising from a breach of any fiduciary duty committed by or charged against any fiduciary of the Trust and/or any liability arising as a result of a violation of any state or federal law, regulation or ruling by the Trust, or any fiduciary or administrator of the Trust. While it is not contemplated that there will be any type of benefits funded by this trust that would be monitored by the Pension Benefit Guarantee Corporation, or that could create any "unfunded liability," as that term has been defined for purposes of federal and state law, the Association will indemnify and hold the District harmless from and against any liability that exists or comes into being as a result of unfunded liability or noncompliance with any rules or regulations promulgated by the Pension Benefit Guarantee Corporation. In the event that the District is named a party in any disputes arising in connection with the interpretation, administration, or enforcement of the terms of the Trust, or in connection with the enforcement or administration of any state or federal law or regulation relating to the Trust, the Association agrees to indemnify the District for all costs incurred in connection with the District's representation in such a dispute, including reasonable attorney's fees. The District agrees that the attorney that represents the Association and/or Trust and trustees in such a dispute shall also represent the District, unless an actual conflict of interest is demonstrated. If the District desires to obtain its own counsel in disputes where no actual conflict of interest with the Association and/or Trust is demonstrated, the District shall be responsible for its own reasonable attorney's fees. It is further expressly recognized and agreed by and between the parties hereto that this trust is being solely established by the Association, and the trustees so appointed will be solely liable for the Trust's administration and debts, and that the District is not a fiduciary of the trust, or of any participant or beneficiary of the Trust. The District's sole obligation to the Association, to the Trust and to its participants and beneficiaries shall be to make the contributions called for herein.

Evergreen Teachers Association Health and Welfare Trust. 15.2.2.1 The District contribution per unit member per month to the Evergreen Teachers Association Health and Welfare Trust shall be effective September 1st of each school year provided below except as noted below: School Year Contribution/Member/Month 2012-2013 $108.50 2013-2014 $118.50 2014-2015 $128.50 2018-2019 $100.00 (effective January 1, 2019) The 2018-2019 contribution amount set forth above shall remain in effect until and unless negotiated otherwise by the parties. 15.2.2.2 The payment of the negotiated contributions shall be made to the authorized agent for the Health and Welfare Trust. The Evergreen Teachers Association Health and Welfare Trust, on behalf of its participants who are retired employees of the District and who are eligible for Trust benefits, shall be allowed to secure health coverage for its participants through the current District Plans. The Trust will meet the following conditions: 1) a. Maintain the tax exempt qualification from the IRS and the California Franchise Tax Board; 2) b. Prepare and file all necessary documents in a timely fashion; 3) c. The Trust will send copies to the District of any and all documents filed with any public agency upon request from the District; 4) d. The Trust will comply with all applicable state and federal laws and regulations and file all legally required reports and other documents with the responsible state and federal agencies, as are now or may hereafter be required; 5) e. Upon request from the District, the Trust shall send copies of any and all filings required by federal or state law to the District, and the Trust's counsel will confirm to the District in writing that the foregoing conditions continue to be complied with. It is expressly agreed and understood that the Association will indemnify and hold the District harmless from and against any and all liability of whatever kind of character arising from or out of the creation or administration of the trust described herein, so long as the District makes the contributions called for herein to the Trust on a monthly basis and in a timely fashion. It is recognized that the District shall have no trustees on the Trust and shall not be involved in administering the Trust. Therefore, the Association will indemnify and hold the District harmless from and against any liability arising from a breach of any fiduciary duty committed by or charged against any fiduciary of the Trust and/or any liability arising as a result of a violation of any state or federal law, regulation or ruling by the Trust, or any fiduciary or administrator of the Trust. . 15.2.2.3 While it is not contemplated that there will be any type of benefits funded by this trust that would be monitored by the Pension Benefit Guarantee Corporation, or that could create any "unfunded liability," as that term has been defined for purposes of federal and state law, the Association will indemnify and hold the District harmless from and against any liability that exists or comes into being as a result of unfunded liability or noncompliance with any rules or regulations promulgated by the Pension Benefit Guarantee Corporation. . 15.2.2.4 In the event that the District is named a party in any disputes arising in connection with the interpretation, administration, or enforcement of the terms of the Trust, or in connection with the enforcement or administration of any state or federal law or regulation relating to the Trust, the Association agrees to indemnify the District for all costs incurred in connection with the District's representation in such a dispute, including reasonable attorney's fees. The District agrees that the attorney that represents the Association and/or Trust and trustees in such a dispute shall also represent the District, unless an actual conflict of interest is demonstrated. If the District desires to obtain its own counsel in disputes where no actual conflict of interest with the Association and/or Trust is demonstrated, the District shall be responsible for its own reasonable attorney's fees. It is further expressly recognized and agreed by and between the parties hereto that this trust is being solely established by the Association, and the trustees so appointed will be solely liable for the Trust's administration and debts, and that the District is not a fiduciary of the trust, or of any participant or beneficiary of the Trust. The District's sole obligation to the Association, to the Trust and to its participants and beneficiaries shall be to make the contributions called for herein.