Trustee Responsibilities. The Trustee shall hold the assets of, and collect the income and make payments from the Fund, all as hereinafter provided. Except to the extent that assets of the Fund have been deposited in a collective investment fund maintained by the Trustee, the Trustee shall not be responsible, directly or indirectly, for the investment or reinvestment of the assets of the Fund, which shall be the sole responsibility of the Named Fiduciary. The Trustee is not a party to, and has no duties or responsibilities under, the Plan other than those that may be expressly contained in this Agreement. As to the responsibilities of the Trustee, in any case in which a provision of this Agreement conflicts with any provision in the Plan, this Agreement shall control. The Trustee shall have no duties, responsibilities or liability with respect to the acts or omissions of any prior trustee.
Trustee Responsibilities. A. Trustee is responsible for providing the necessary technical and organizational infrastructure to support the creation, use, and maintenance of the Data Trust and ensure all Data Trust Members or Data Trust users are in compliance with the terms and conditions of their agreement(s).
B. Trustee is responsible for updating the Exhibits of this agreement attached hereto in accordance with approved changes provided by Data Trust Member.
C. If public access of Tier 0 data is listed as an Approved Use in Exhibit A, once Tier 0 data is contributed by any Data Trust Member, Trustee shall have the right to immediately make Tier 0 Data publicly available as approved and specified therein.
D. Trustee agrees to keep all Tier 1, Tier 2 and Tier 3 Data Trust Member-Contributed Data Resources confidential and only disclose them to employees, affiliates, contractors or agents who need access in order to meet Trustee’s obligations and requirements for Data Trust Members and the Data Trust for the purposes contemplated by this Agreement and the attached Exhibits. Further, Trustee represents and certifies that no Data Trust Member or Data Trust User shall have access to another Data Trust Member's Tier 1, Tier 2 or Tier 3 data in its raw form without express written or electronic approval by the Data Trust Member owning or stewarding over the data.
E. Trustee will ensure that no Tier 1, Tier 2, or Tier 3 data in its raw form will be included in any published data. During the implementation of Projects and Allowable Uses, Trustee, Data Trust Members, and approved Data Trust Users may develop aggregate data that qualifies for Tier 0 classification as defined by the privacy and anonymization criteria adopted by the Data Governance Council. Such aggregate data may be published in accordance with all other Tier 0 data, as determined by the Data Governance Council. However, prior to any such release, Data Trust Members that own data used in the creation of aggregate data shall be able to review the aggregate data to verify that no Tier 1, Tier 2, Tier 3 or Tier 4 data is revealed.
F. The Trustee will register and make available all approved Data Trust Users and proposals as directed by the Data Governance Council.
Trustee Responsibilities. The Trustees are responsible for the operational and financial sustainability of the Trust, including, but not limited to:
(a) review of the design of the Plans at regular, periodic intervals and such other times as the Trustees determine to be prudent;
(b) the validation of the sustainability of the Plans design at regular, periodic intervals and such other times as the Trustees determine to be prudent;
(c) setting and revising Employee Contribution rates or premium requirements and deductibles with respect to the Plans at regular, periodic intervals and such other times as the Trustees determine to be prudent;
(d) delivery of annual reports of Trust actuaries and auditors to the Parties, including reports regarding recommendations on sustainability and any subsequent changes to Plan design;
(e) on an ongoing basis identifying efficiencies that can be achieved in the administration and investment of the CUPE EWBT;
(f) design, adoption and implementation of a Funding Policy or Policies and an investment policy or policies with respect to the Plans;
(g) adopting a policy for the appointment, review, evaluation and if necessary termination of service providers;
(h) compliance with all applicable statutory requirements, including all applicable tax statutes; and
(i) procurement of adjudicative, administrative, insurance, consultative and investment services.
Trustee Responsibilities. Appointment: Pursuant to Paragraph 15.e. of the First Partial Consent Decree, the Court appointed Wilmington Trust, N.A., as Trustee of the Environmental Mitigation Trust. Dkt. No. 3030 at 2. Wilmington Trust, N.A., not individually but in its representative capacity as Trustee, is hereby appointed to serve as the Trustee to administer the State Mitigation Trust in accordance with this State Trust Agreement and the Consent Decree. The Trustee hereby accepts such appointment and agrees to serve, commencing on the Trust Effective Date, in such capacity to the State Mitigation Trust and for the benefit of the Beneficiaries.
Trustee Responsibilities. The Trustee’s powers, right and duties are limited to those described in this Article; the Committee is responsible for any other administrative duties required under the Plan or by applicable law.
Trustee Responsibilities. Trustee and Employer have authority and responsibility for the Plan and its operation, including the authority and responsibility for administering, construing, and interpreting the provisions of the Plan and making determinations thereunder. Trustee gives CAS the authority to act on behalf of Trustee in connection with the Plan, but only as expressly stated in this Agreement or as mutually agreed upon in writing between Trustee and CAS. All final determinations as to an Enrollee’s entitlement to Plan benefits are to be made by Employer, including any determination upon appeal of a denied claim for Plan benefits.
Trustee Responsibilities. The Trustees are responsible for the operational and financial sustainability of the Trust, in accordance with the Memorandum of Settlement for PVPs and the Participation Agreements including, but not limited to:
(a) The delivery of benefits on a sustainable, efficient and cost-effective basis;
(b) review of the design of the Plans at regular, periodic intervals and such other times as the Trustees determine to be prudent;
(c) the validation of the sustainability of the design of the Plans at regular, periodic intervals and such other times as the Trustees determine to be prudent;
(d) setting and revising Employee Contribution rates or premium requirements and deductibles with respect to the PVP Plan, CAEAS/ECAB Plan and the Retiree Plan at regular, periodic intervals and such other times as the Trustees determine to be prudent;
(e) delivery of annual reports of Trust actuaries and auditors to the Parties, including reports regarding recommendations on sustainability and any subsequent changes to Plan design;
(f) on an ongoing basis identifying efficiencies that can be achieved in the administration and investment of the Trust;
(g) design, adoption and implementation of a Funding Policy or Policies and an investment policy or policies with respect to each of the Plans;
(h) adopting a policy for the appointment, review, evaluation and if necessary termination of service providers;
(i) review, and if appropriate, amend the skills matrix attached as Schedule "K" to guide the recruitment and retention of Trustees;
(j) compliance with all applicable statutory requirements, including all applicable tax statutes; and
(k) procurement of adjudicative, administrative, insurance, consultative and investment services.
Trustee Responsibilities. The Trustee shall hold the Policies --------- ------------------------ issued to it until termination of the Trust as herein described or upon cancellation of the Policy in accordance with the terms thereof. The duties and obligations and rights of the Trustee shall only be such as are specifically set forth in this Agreement, as it may from time to time be amended, and no implied duties or obligations or rights shall be read into this Agreement against the Trustee.
a. The Trustee shall make application to the Issuing Company for a group Policy that will provide reasonable benefits to the Participants in light of all circumstances and factors deemed to be relevant.
b. The Trustee shall become the custodian and holder of the Policy of the Issuing Company, but will not be responsible for any promotional, marketing, enrollment, operational, administrative or investment functions or duties with respect thereto and shall not have the discretion to substitute another life insurance company for the Issuing Company or another policy for the Policy, or exercise any voting rights under the Policy. Such Policy, when issued, shall automatically become subject to this Trust and shall not be deemed the separate property of the Trustee.
c. The Trustee shall not hold, or invest, any funds whatsoever, shall not be liable or responsible to the Trust, or the Participants for the collection, remittance, forwarding, payment, or investment of premiums, or any recording thereof, and shall immediately remit to the Issuing Company all monies or correspondence received in connection therewith. All payments in connection with the Policy shall be paid directly to the Issuing Company.
d. The Trustee shall not be liable or responsible for the payment, settlement processing or presentment of claims, or any recording thereof, arising out of the coverage afforded the Participants by the Policy hereunder.
e. The Trustee shall look to the Issuing Company for the provision of all administrative services relating to the maintenance of the Policy, the Trust and records of the Participants.
Trustee Responsibilities. The Trustees are responsible for the operational and financial sustainability of the Trust, in accordance with the Central Collective Agreement, including, but not limited to:
(a) review of the design of the OSSTF Plan and OSSTF-EW Plan at regular, periodic intervals and such other times as the Trustees determine to be prudent;
(b) the validation of the sustainability of the OSSTF Plan and OSSTF-EW Plan design at regular, periodic intervals and such other times as the Trustees determine to be prudent;
(c) setting and revising Employee Contribution rates or premium requirements and deductibles with respect to the OSSTF Plan and the OSSTF-EW Plan at regular, periodic intervals and such other times as the Trustees determine to be prudent;
(d) delivery of annual reports of Trust actuaries and auditors to the Parties, including reports regarding recommendations on sustainability and any subsequent changes to Plan design;
(e) on an ongoing basis identifying efficiencies that can be achieved in the administration and investment of the OSSTF ELHT;
(f) design, adoption and implementation of a Funding Policy or Policies and an investment policy or policies with respect to the OSSTF Plan, the OSSTF-EW Plan, and with respect to other Plans;
(g) compliance with all applicable statutory requirements, including all applicable tax statutes; and
(h) procurement of adjudicative, administrative, insurance, consultative and investment services.
Trustee Responsibilities. The Trustee shall receive and hold the assets of the Fund on behalf of Plan participants and beneficiaries in accordance with the terms of this Agreement. The duties of the Trustee hereunder are as a directed trustee and the Trustee shall act solely in accordance with the instructions of the Named Fiduciary or Authorized Parties in accordance with Sections 2.2 and 2.3 of this Agreement ("Authorized Instructions"). Nothing in this Agreement is intended to give the Trustee any discretionary responsibility, authority or control with respect to the management or administration of the Plan or the management of the assets of the Plan. Further, the Trustee is not a party to the Plan and has no duties or responsibilities other than those that may be expressly contained in this Agreement and ERISA. In any case in which a provision of this Agreement conflicts with any provision in the Plan, this Agreement shall control.
