Common use of POWERS AND DUTIES OF THE PLAN ADMINISTRATOR Clause in Contracts

POWERS AND DUTIES OF THE PLAN ADMINISTRATOR. A. The Plan Administrator may, by appointment, allocate the duties of the Plan Administrator among several individuals or entities. Such appointments shall not be effective until the party designated accepts such appointment in writing. B. The Plan Administrator shall have the authority to control and manage the operation and administration of the Plan. The Plan Administrator shall administer the Plan for the exclusive benefit of the Participants and their Beneficiaries in accordance with the specific terms of the Plan. C. The Plan Administrator shall be charged with the duties of the general administration of the Plan, including, but not limited to, the following: 1. To determine all questions of interpretation or policy in a manner consistent with the Plan's documents and the Plan Administrator's construction or determination in good faith shall be conclusive and binding on all persons except as otherwise provided herein or by law. Any interpretation or construction shall be done in a nondiscriminatory manner and shall be consistent with the intent that the Plan shall continue to be deemed a qualified plan under the terms of Section 401(a) of the Code, as amended from time-to-time, and shall comply with the terms of ERISA, as amended from time-to-time; 2. To determine all questions relating to the eligibility of Employees to become or remain Participants hereunder; 3. To compute the amounts necessary or desirable to be contributed to the Plan; 4. To compute the amount and kind of benefits to which a Participant or Beneficiary shall be entitled under the Plan and to direct the Trustee (or Custodian, if applicable) with respect to all disbursements under the Plan, and, when requested by the Trustee (or Custodian), to furnish the Trustee (or Custodian) with instructions, in writing, on matters pertaining to the Plan and the Trustee (or Custodian) may rely and act thereon; 5. To maintain all records necessary for the administration of the Plan; 6. To be responsible for preparing and filing such disclosure and tax forms as may be required from time-to-time by the Secretary of Labor or the Secretary of the Treasury; and 7. To furnish each Employee, Participant or Beneficiary such notices, information and reports under such circumstances as may be required by law. D. The Plan Administrator shall have all of the powers necessary or appropriate to accomplish his or her duties under the Plan, including, but not limited to, the following: 1. To appoint and retain such persons as may be necessary to carry out the functions of the Plan Administrator; 2. To appoint and retain counsel, specialists or other persons as the Plan Administrator deems necessary or advisable in the administration of the Plan; 3. To resolve all questions of administration of the Plan; 4. To establish such uniform and nondiscriminatory rules which it deems necessary to carry out the terms of the Plan; 5. To make any adjustments in a uniform and nondiscriminatory manner which it deems necessary to correct any arithmetical or accounting errors which may have been made for any Plan Year; and 6. To correct any defect, supply any omission or reconcile any inconsistency in such manner and to such extent as shall be deemed necessary or advisable to carry out the purpose of the Plan.

Appears in 3 contracts

Samples: 401(k) Savings Plan (Alaska Pacific Bancshares Inc), Basic Plan Document (Edutrek Int Inc), Qualified Retirement Plan (Teardrop Golf Co)

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POWERS AND DUTIES OF THE PLAN ADMINISTRATOR. A. The Plan Administrator may, by appointment, allocate the duties of the Plan Administrator among several individuals or entities. Such appointments shall not be effective until the party designated accepts such appointment in writing. B. The Plan Administrator shall have the authority to control and manage the operation and administration of the Plan. The Plan Administrator shall administer the Plan for the exclusive benefit of the Participants and their Beneficiaries in accordance with the specific terms of the Plan. C. The Plan Administrator shall be charged with the duties of the general administration of the Plan, including, but not limited to, the following: 1. To determine all questions of interpretation or policy in a manner consistent with the Plan's documents and the Plan Administrator's Administrators construction or determination in good faith shall be conclusive and binding on all persons except as otherwise provided herein or by law. Any interpretation or construction shall be done in a nondiscriminatory manner and shall be consistent with the intent that the Plan shall continue to be deemed a qualified plan under the terms of Section 401(a) of the Code, as amended from time-to-time, and shall comply with the terms of ERISA, as amended from time-to-time; 2. To determine all questions relating to the eligibility of Employees to become or remain Participants hereunder; 3. To compute the amounts necessary or desirable to be contributed to the Plan; 4. To compute the amount and kind of benefits to which a Participant or Beneficiary shall be entitled under the Plan and to direct the Trustee (or Custodian, . if applicable) with respect to all disbursements under the Plan, . and, when requested by the Trustee (or Custodian), to furnish the Trustee (or Custodian) with instructions, in writing, on matters pertaining to the Plan and the Trustee (or Custodian) may rely and act thereon; 5. To maintain all records necessary for the administration of the Plan; 6. To be responsible for preparing and filing such disclosure and tax forms as may be required from time-to-time by the Secretary of Labor or the Secretary of the Treasury; and 7. To furnish each Employee, Participant or Beneficiary such notices, information and reports under such circumstances as may be required by law. D. The Plan Administrator shall have all of the powers necessary or appropriate to accomplish his or her duties under the Plan, including, but not limited to, the following: 1. To appoint and retain such persons as may be necessary to carry out the functions of the Plan Administrator; 2. To appoint and retain counsel, specialists or other persons as the Plan Administrator deems necessary or advisable in the administration of the Plan; 3. To resolve all questions of administration of the Plan; 4. To establish such uniform and nondiscriminatory rules which it deems necessary to carry out the terms of the Plan;. 5. To make any adjustments in a uniform and nondiscriminatory manner which it deems necessary to correct any arithmetical or accounting errors which may have been made for any Plan Year; , and 6. To correct any defect, supply any omission or reconcile any inconsistency in such manner and to such extent as shall be deemed necessary or advisable to carry out the purpose of the Plan.

Appears in 1 contract

Samples: Basic Plan Document (Nabi /De/)

POWERS AND DUTIES OF THE PLAN ADMINISTRATOR. A. The Plan Administrator may, by appointment, allocate the duties of the Plan Administrator among several individuals or entities. Such appointments shall not be effective until the party designated accepts such appointment in writing. B. The Plan Administrator shall have the authority to control and manage the operation and administration of the Plan. The Plan Administrator shall administer the Plan for the exclusive benefit of the Participants and their Beneficiaries in accordance with the specific terms of the Plan. C. The Plan Administrator shall be charged with the duties of the general administration of the Plan, including, but not limited to, the following: 1. To determine all questions of interpretation or policy in a manner consistent with the Plan's documents and the Plan Administrator's construction or determination in good faith shall be conclusive and binding on all persons except as otherwise provided herein or by law. Any interpretation or construction shall be he done in a nondiscriminatory manner and shall be consistent with the intent that the Plan shall continue to be he deemed a qualified plan under the terms of Section 401(a401 (a) of the Code, as amended from time-to-time, and shall comply with the terms of ERISA, as amended from time-to-time; 2. To determine all questions relating to the eligibility of Employees to become or remain Participants hereunder; 3. To compute the amounts necessary or desirable to be contributed to the Plan; 4. To compute the amount and kind of benefits to which a Participant or Beneficiary shall be entitled under the Plan and to direct the Trustee (or Custodian, if applicable) with respect to all disbursements under the Plan, and, when requested by the Trustee (or Custodian), to furnish the Trustee (or Custodian) with instructions, in writing, on matters pertaining to the Plan and the Trustee (or Custodian) may rely and act thereon; 5. To maintain all records necessary for the administration of the Plan; 6. To be responsible for preparing and filing such disclosure and tax forms as may be required from time-to-time by the Secretary of Labor or the Secretary of the Treasury; and 7. To furnish each Employee, Participant or Beneficiary such notices, information and reports under such circumstances as may be required by law. D. The Plan Administrator shall have all of the powers necessary or appropriate to accomplish his or her duties under the Plan, including, but hut not limited to, the following:. 1. To appoint and retain such persons as may be necessary to carry out the functions of the Plan Administrator; 2. To appoint and retain counsel, specialists or other persons as the Plan Administrator deems necessary or advisable in the administration of the Plan; 3. To resolve all questions of administration of the Plan; 4. To establish such uniform and nondiscriminatory rules which it deems necessary to carry out the terms of the Plan; 5. To make any adjustments in a uniform and nondiscriminatory manner which it deems necessary to correct any arithmetical or accounting errors which may have been made for any Plan Year; and 6. To correct any defect, supply any omission or reconcile any inconsistency in such manner and to such extent as shall be deemed necessary or advisable to carry out the purpose of the Plan.

Appears in 1 contract

Samples: Prototype Defined Contribution Plan and Trust/Custodial Account (Connecticut Water Service Inc / Ct)

POWERS AND DUTIES OF THE PLAN ADMINISTRATOR. A. The Plan Administrator may, by appointment, allocate the duties of the Plan Administrator among several individuals or entities. Such appointments shall not be effective until the party designated accepts such appointment in writing. B. The Plan Administrator shall have the authority to control and manage the operation and administration of the Plan. The Plan Administrator shall administer the Plan for the exclusive benefit of the Participants and their Beneficiaries in accordance with the specific terms of the Plan. C. The Plan Administrator shall be charged with the duties of the general administration of the Plan, including, but not limited to, the following: 1. To determine all questions of interpretation or policy in a manner consistent with the Plan's documents and the Plan Administrator's construction or determination in good faith shall be conclusive and binding on all persons except as otherwise provided herein or by law. Any interpretation or construction shall be done in a nondiscriminatory manner and shall be consistent with the intent that the Plan shall continue to be deemed a qualified plan under the terms of Section 401(a) of the Code, as amended from time-to-time, and shall comply with the terms of ERISA, as amended from time-to-time; 2. To determine all questions relating to the eligibility of Employees to become or remain Participants hereunder;: 3. To compute the amounts necessary or desirable to be contributed to the Plan; 4. To compute the amount and kind of benefits to which a Participant or Beneficiary shall be entitled under the Plan and to direct the Trustee (or Custodian, if applicable) with respect to all disbursements under the Plan, and, when requested by the Trustee (or Custodian), to furnish the Trustee (or Custodian) with instructions, in writing, on matters pertaining to the Plan and the Trustee (or Custodian) may rely and act thereon; 5. To maintain all records necessary for the administration of the Plan; 6. To be responsible for preparing and filing such disclosure and tax forms as may be required from time-to-time by the Secretary of Labor or the Secretary of the Treasury; and 7. To furnish each Employee, Participant or Beneficiary such notices, information and reports under such circumstances as may be required by law. D. The Plan Administrator shall have all of the powers necessary or appropriate to accomplish his or her duties under the Plan, including, but not limited to, the following: 1. To appoint and retain such persons as may be necessary to carry out the functions of the Plan Administrator; 2. To appoint and retain counsel, specialists or other persons as the Plan Administrator deems necessary or advisable in the administration of the Plan; 3. To resolve all questions of administration of the Plan; 4. To establish such uniform and nondiscriminatory rules which it deems necessary to carry out the terms of the Plan; 5. To make any adjustments in a uniform and nondiscriminatory manner which it deems necessary to correct any arithmetical or accounting errors which may have been made for any Plan Year; and 6. To correct any defect, supply any omission or reconcile any inconsistency in such manner and to such extent as shall be deemed necessary or advisable to carry out the purpose of the Plan.

Appears in 1 contract

Samples: Basic Plan Document (Edelbrock Corp)

POWERS AND DUTIES OF THE PLAN ADMINISTRATOR. A. The Plan Administrator may, by appointment, allocate the duties of the Plan Administrator among several individuals or entities. Such appointments shall not be effective until the party designated accepts such appointment in writing. B. The Plan Administrator shall have the authority to control and manage the operation and administration of the Plan. The Plan Administrator shall administer the Plan for the exclusive benefit of the Participants and their Beneficiaries in accordance with the specific terms of the Plan. C. The Plan Administrator shall be charged with the duties of the general administration of the Plan, including, but not limited to, the following: 1. To determine all questions of interpretation or policy in a manner consistent with the Plan's documents and the Plan Administrator's Administrators construction or determination in good faith shall be conclusive and binding on all persons except as otherwise provided herein or by law. Any interpretation or construction shall be done in a nondiscriminatory manner and shall be consistent with the intent that the Plan shall continue to be deemed a qualified plan under the terms of Section 401(a) of the Code, as amended from time-to-time, and shall comply with the terms of ERISA, as amended from time-to-to- time; 2. To determine all questions relating to the eligibility of Employees to become or remain Participants hereunder; 3. To compute the amounts necessary or desirable to be contributed to the Plan; 4. To compute the amount and kind of benefits to which a Participant or Beneficiary shall be entitled under the Plan and to direct the Trustee (or Custodian, . if applicable) with respect to all disbursements under the Plan, . and, when requested by the Trustee (or Custodian), to furnish the Trustee (or Custodian) with instructions, in writing, on matters pertaining to the Plan and the Trustee (or Custodian) may rely and act thereon; 5. To maintain all records necessary for the administration of the Plan; 6. To be responsible for preparing and filing such disclosure and tax forms as may be required from time-to-time by the Secretary of Labor or the Secretary of the Treasury; and 7. To furnish each Employee, Participant or Beneficiary such notices, information and reports under such circumstances as may be required by law. D. The Plan Administrator shall have all of the powers necessary or appropriate to accomplish his or her duties under the Plan, including, but not limited to, the following: 1. To appoint and retain such persons as may be necessary to carry out the functions of the Plan Administrator; 2. To appoint and retain counsel, specialists or other persons as the Plan Administrator deems necessary or advisable in the administration of the Plan; 3. To resolve all questions of administration of the Plan; 4. To establish such uniform and nondiscriminatory rules which it deems necessary to carry out the terms of the Plan;. 5. To make any adjustments in a uniform and nondiscriminatory manner which it deems necessary to correct any arithmetical or accounting errors which may have been made for any Plan Year; , and 6. To correct any defect, supply any omission or reconcile any inconsistency in such manner and to such extent as shall be deemed necessary or advisable to carry out the purpose of the Plan.

Appears in 1 contract

Samples: Basic Plan Document (Nabi /De/)

POWERS AND DUTIES OF THE PLAN ADMINISTRATOR. A. The Plan Administrator may, by appointment, allocate the duties of the Plan Administrator among several individuals or entities. Such appointments shall not be effective until the party designated accepts such appointment in writing. B. The Plan Administrator shall have the authority to control and manage the operation and administration of the Plan. The Plan Administrator shall administer the Plan for the exclusive benefit of the Participants and their Beneficiaries in accordance with the specific terms of the Plan. C. The Plan Administrator shall be charged with the duties of the general administration of the Plan, including, but not limited to, the following: 1. To determine all questions of interpretation or policy in a manner consistent with the Plan's documents and the Plan Administrator's construction or determination in good faith shall be conclusive and binding on all persons except as otherwise provided herein or by law. Any interpretation or construction shall be done in a nondiscriminatory manner and shall be consistent with the intent that the Plan shall continue to be deemed a qualified plan under the terms of Section 401(a401 (a) of the Code, as amended from time-to-time, and shall comply with the terms of ERISA, as amended from time-to-time; 2. To determine all questions relating to the eligibility of Employees to become or remain Participants hereunder; 3. To compute the amounts necessary or desirable to be contributed to the Plan; 4. To compute the amount and kind of benefits to which a Participant or Beneficiary shall be entitled under the Plan and to direct the Trustee (or Custodian, if applicable) with respect to all disbursements under the Plan, and, when requested by the Trustee (or Custodian, if applicable), to furnish the Trustee (or Custodian, if applicable) with instructions, in writing, on matters pertaining to the Plan and the Trustee (or Custodian, if applicable) may rely and act thereon; 5. To maintain all records necessary for the administration of the Plan; 6. To be responsible for preparing and filing such disclosure disclosures and tax forms as may be required from time-to-time by the Secretary of Labor or the Secretary of the Treasury; and; 7. To furnish each Employee, Participant or Beneficiary such notices, information and reports under such circumstances as may be required by law; 8. To periodically review the performance of each Fiduciary and all other relevant parties to ensure such individuals' obligations under the Plan are performed in a manner that is acceptable under the Plan and applicable law; and 9. To furnish a statement to each Participant or Beneficiary no later than 270 days after the close of each Plan Year, indicating the Individual Account balances of such Participant as of the last Valuation Date in such Plan Year. D. The Plan Administrator shall have all of the powers necessary or appropriate to accomplish his or her duties under the Plan, including, but not limited to, the following: 1. To appoint and retain such persons as may be necessary to carry out the functions of the Plan Administrator; 2. To appoint and retain counsel, specialists or other persons as the Plan Administrator deems necessary or advisable in the administration of the Plan; 3. To resolve all questions of administration of the Plan; 4. To establish such uniform and nondiscriminatory rules which it deems necessary to carry out the terms of the Plan; 5. To make any adjustments in a uniform and nondiscriminatory manner which it deems necessary to correct any arithmetical or accounting errors which may have been made for any Plan Year; and 6. To correct any defect, supply any omission or reconcile any inconsistency in such manner and to such extent as shall be deemed necessary or advisable to carry out the purpose of the Plan. 7. If the Plan permits a form of distribution other than a lump sum, and a Participant elects such form of distribution, the Plan Administrator may place that Participant's Individual Account into a segregated Investment Fund for the purpose of maintaining the necessary liquidity to provide benefit installments on a periodic basis.

Appears in 1 contract

Samples: Retirement Plan Document (Merchants & Manufacturers Bancorporation Inc)

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POWERS AND DUTIES OF THE PLAN ADMINISTRATOR. A. The Plan Administrator may, by appointment, allocate the duties of the Plan Administrator among several individuals or entities. Such appointments shall not be effective until the party designated accepts such appointment in writing. B. The Plan Administrator shall have all powers necessary to supervise the authority to control and manage the operation and administration of the Plan. The Plan Administrator shall administer the Plan for the exclusive benefit of the Participants and their Beneficiaries to control its operation in accordance with its terms, including, without limiting the specific terms generality of the Plan.foregoing, the power to: C. The Plan Administrator shall be charged with (a) Appoint, retain and terminate such persons as it deems necessary or advisable to assist in the duties of the general administration of the Plan or to render advice with respect to the responsibilities of the Plan Administrator under the Plan, including, but not limited to, including accountants and attorneys; (b) Make use of the following:services of Employees in administrative matters; 1. To determine (c) Determine all benefits and resolve all questions pertaining to the administration and interpretation of interpretation the Plan provisions, either by rules of general applicability or policy in a manner consistent by particular decisions; (d) Adopt such forms, rules and regulations as it shall deem necessary or appropriate for the administration of the Plan and the conduct of its affairs, provided that any such forms, rules and regulations shall not be inconsistent with the Plan's documents and the Plan Administrator's construction or determination in good faith shall be conclusive and binding on all persons except as otherwise provided herein or by law. Any interpretation or construction shall be done in a nondiscriminatory manner and shall be consistent with the intent that the Plan shall continue to be deemed a qualified plan under the terms provisions of Section 401(a) of the Code, as amended from time-to-time, and shall comply with the terms of ERISA, as amended from time-to-time; 2. To determine all questions relating to the eligibility of Employees to become or remain Participants hereunder; 3. To compute the amounts necessary or desirable to be contributed to the Plan; 4. To compute (e) Remedy any inequity from incorrect information received or communicated or from administrative error; (f) Commence or defend any litigation arising from the amount and kind operation of benefits the Plan in any legal or administrative proceeding; (g) Make all determinations affecting the eligibility of any Employee to which become a Participant or Beneficiary shall be entitled under the Plan and to direct the Trustee (or Custodian, if applicable) with respect to all disbursements under in the Plan, and, when requested by the Trustee (or Custodian), to furnish the Trustee (or Custodian) with instructions, in writing, on matters pertaining to the Plan and the Trustee (or Custodian) may rely and act thereon; 5. (h) To maintain all records the extent that contribution credits and/or benefits are conditioned on the achievement of certain performance-based objectives, set such performance-based objectives and assess whether such objectives have been satisfied; (i) Determine the status and rights of Participants and their Beneficiaries; (j) Give such directions and instructions as may be necessary for the proper administration of the Plan; 6. To be responsible for preparing (k) Prepare, file and filing such disclosure and tax forms as may be required from time-to-time by the Secretary of Labor or the Secretary disclose to Participants on behalf of the Treasury; and 7. To furnish each Employee, Participant or Beneficiary Plan any such notices, information documents and reports under such circumstances as may be required by applicable federal or state law. D. The Plan Administrator shall have all of the powers necessary or appropriate to accomplish his or her duties under the Plan, including, but not limited to, the following: 1. To appoint and retain such persons as may be necessary to carry out the functions of the Plan Administrator; 2. To appoint and retain counsel, specialists or other persons as the Plan Administrator deems necessary or advisable in the administration of the Plan; 3. To resolve all questions of administration of the Plan; 4. To establish such uniform and nondiscriminatory rules which it deems necessary to carry out the terms of the Plan; 5. To make any adjustments in a uniform and nondiscriminatory manner which it deems necessary to correct any arithmetical or accounting errors which may have been made for any Plan Year; and 6. To correct any defect, supply any omission or reconcile any inconsistency in such manner and to such extent as shall be deemed necessary or advisable to carry out the purpose of the Plan.

Appears in 1 contract

Samples: Nonqualified Deferred Compensation Plan (Axalta Coating Systems Ltd.)

POWERS AND DUTIES OF THE PLAN ADMINISTRATOR. A. The Plan Administrator may, by appointment, allocate the duties of the Plan Administrator among several individuals or entities. Such , but those appointments shall are not be effective until the party designated accepts such appointment parties accept the appointments in writing. B. The Plan Administrator shall have has the exclusive authority to control and manage the operation and administration of the Plan. The Plan Administrator shall must administer the Plan for the exclusive benefit of the Participants and their Beneficiaries in accordance with the specific terms of the Plan. C. The Plan Administrator shall be is charged with the duties of the general administration of the Plan, including, but not limited to, the following: 1. To determine all questions of interpretation or policy in a manner consistent with the Plan's documents documents, and the Plan Administrator's good faith construction or determination in good faith shall be is conclusive and binding on all persons except as otherwise provided herein or by lawpersons. Any interpretation or construction shall must be done in a nondiscriminatory manner and shall be consistent with the intent that the Plan shall continue to should be deemed a qualified plan under the terms of Section 401(a) of the Code, as amended from time-to-time, and shall must comply with the terms of ERISA, as amended from time-to-time; 2. To determine all questions relating to the eligibility of Employees to become or remain Participants hereunderParticipants; 3. To compute the amounts necessary or desirable to be contributed to the Plan; 4. To compute the amount and kind of benefits to which a Participant or Beneficiary shall be is entitled under the Plan and to direct the Trustee (or Custodian, if applicable) with respect to all disbursements under the Plan, and, and when requested by the Trustee (or Custodian)Trustee, to furnish the Trustee (or Custodian) with instructions, in writing, on matters pertaining to the Plan and the Trustee (or Custodian) may rely and act thereon; 5. To maintain all records necessary for the administration of the Plan; 6. To be responsible for preparing and filing such any disclosure and tax forms as may be required from time-to-time to time under the Code, ERISA or other applicable law by the Secretary of the Treasury, the Secretary of Labor or any other appropriate official with respect to the Secretary of the TreasuryPlan; and 7. To furnish each Employee, Participant or Beneficiary such noticesany notice, information and reports report under such circumstances as may be any circumstance required by under the Code, ERISA or other applicable law. D. The Plan Administrator shall have has all of the powers necessary or appropriate to accomplish his or her its duties under the Plan, including, but not limited to, the following: 1. To appoint and retain such any persons as may be necessary or appropriate to carry out the functions of the Plan Administrator; 2. To appoint and retain counsel, specialists or other persons as that the Plan Administrator deems necessary necessary, or advisable in the administration of the Plan; 3. To resolve all questions of relating to the administration of the Plan; 4. To establish such any uniform and nondiscriminatory rules which it the Plan Administrator deems necessary to carry out the terms of the Plan; 5. To make any adjustments in a uniform and nondiscriminatory manner which it the Plan Administrator deems necessary to correct any arithmetical or accounting errors which may have been made for any Plan Year; and 6. To correct any defect, supply any defect or omission or reconcile any inconsistency in such any manner and to such any extent as shall be deemed that the Plan Administrator deems necessary or advisable appropriate to carry out the purpose purposes of the Plan.

Appears in 1 contract

Samples: Plan Document and Trust Agreement (Stonepath Group Inc)

POWERS AND DUTIES OF THE PLAN ADMINISTRATOR. A. The Plan Administrator may, by appointment, allocate the duties of the Plan Administrator among several individuals or entities. Such appointments shall not be effective until the party designated accepts such appointment in writing. B. The Plan Administrator shall have the authority to control and manage the operation and administration of the Plan. The Plan Administrator shall administer the Plan for the exclusive benefit of the Participants and their Beneficiaries in accordance with the specific terms of the Plan. C. The Plan Administrator shall be charged with the duties of the general administration of the Plan, including, but not limited to, to the following: 1. To determine all questions of interpretation or policy in a manner consistent with the Plan's documents and the Plan Administrator's construction or determination in good faith shall be conclusive and binding on all persons except as otherwise provided herein or by law. Any interpretation or construction shall be done in a nondiscriminatory manner and shall be consistent with the intent that the Plan shall continue to be deemed a qualified plan under the terms of Section 401(a) of the Code, as amended from time-to-time, and shall comply with the terms of ERISA, as amended from time-to-time; 2. To determine all questions relating to the eligibility of Employees to become or remain Participants hereunder; 3. To compute the amounts necessary or desirable to be contributed to the Plan; 4. To compute the amount and kind of benefits to which a Participant or Beneficiary shall be entitled under the Plan and to direct the Trustee (or Custodian, if applicable) with respect to all disbursements under the Plan, and, when requested by the Trustee (or Custodian)Trustee, to furnish the Trustee (or Custodian) with instructions, in writing, on matters pertaining to the Plan and the Trustee (or Custodian) may rely and act thereon; 5. To maintain all records necessary for the administration of the Plan;; QUALIFIED RETIREMENT PLAN & TRUST AGREEMENT 22 6. To be responsible for preparing and filing such disclosure and tax forms as may be required from time-to-time by the Secretary of Labor or the Secretary of the Treasury; and 7. To furnish each Employee, Participant or Beneficiary such notices, information and reports under such circumstances as may be required by law. D. The Plan Administrator shall have all of the powers necessary or appropriate to accomplish his or her duties under the Plan, including, but not limited to, the following: 1. To appoint and retain such persons as may be necessary to carry out the functions of the Plan Administrator; 2. To appoint and retain counsel, specialists or other persons as the Plan Administrator deems necessary or advisable in the administration of the Plan; 3. To resolve all questions of administration of the Plan; 4. To establish such uniform and nondiscriminatory rules which it deems necessary to carry out the terms of the Plan; 5. To make any adjustments in a uniform and nondiscriminatory manner which it deems necessary to correct any arithmetical or accounting errors which may have been made for any Plan Year; and 6. To correct any defect, supply any omission or reconcile any inconsistency in such manner and to such extent as shall be deemed necessary or advisable to carry out the purpose of the Plan.

Appears in 1 contract

Samples: Defined Contribution Plan Document (Janus Investment Fund)

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