Common use of Plan Document and ERISA Clause in Contracts

Plan Document and ERISA. The Employer is solely responsible for maintenance of the written Plan document contemplated by Xxxxx. Reg. Section 1.403(b)-3(b)(3). The Plan document shall be administered and maintained by the Employer in a manner consistent with this Custodial Agreement. The Custodian shall have no duty or responsibility to review the provisions of the Plan document and to the extent that there are any conflicts between the Plan document and the Custodial Agreement, the Employer shall advise the Custodian of such conflicts. Unless otherwise advised pursuant to the prior sentence, the Custodian shall be held harmless by the Employer and the Participant in acting in accordance with this Custodial Agreement. The Custodian shall not have any duties or responsibilities with respect to such separate document. The Employer shall be solely responsible for compliance with the nondiscrimination rules of Code Section 403(b)(12), if applicable. If the Plan and Custodial Agreement are determined to be subject to ERISA, then the Employer shall comply with all applicable requirements of ERISA.

Plan Document and ERISA. The Employer is solely responsible for maintenance of the written Plan document contemplated by XxxxxTreas. Reg. Section 1.403(b)-3(b)(3). The Plan document shall be administered and maintained by the Employer in a manner consistent with this Custodial Agreement. The Custodian shall have no duty or responsibility to review the provisions of the Plan document and to the extent that there are any conflicts between the Plan document and the Custodial Agreement, the Employer shall advise the Custodian of such conflicts. Unless otherwise advised pursuant to the prior sentence, the Custodian shall be held harmless by the Employer and the Participant in acting in accordance with this Custodial Agreement. The Custodian shall not have any duties or responsibilities with respect to such separate document. The Employer shall be solely responsible for compliance with the nondiscrimination rules of Code Section 403(b)(12), if applicable. If the Plan and Custodial Agreement are determined to be subject to ERISA, then the Employer shall comply with all applicable requirements of ERISA.