ContractThird Party Administrator Agreement • April 25th, 2007
Contract Type FiledApril 25th, 2007language defining the legal relationship between TPAs and corporations varies greatlyfrom one TPA to another. The following two provisions, which are drawn from actual TPA agreements, illustrate how great the differences can be:Agency Relationship — [TPA], in performing its obligations under this Contract, is acting only as agent of the Contractholder and the rights and responsibilities of the parties shall be determined in accordance with the law of agency….* * * * * RELATIONSHIP OF THE PARTIESIn performing services under this [TPA] agreement, [the TPA] performs all acts as an independent contractor and not as an officer, employee or agent of Employer or Plan Administrator (if other than Employer) or Plan. Nothing in this Agreement shall be construed to mean that Employer retains any control over the manner and means of how [the TPA] performs the services provided for herein. 10 Contractual Issues to Consider When Deciding Whether to Self-Fund 1) Does the TPA contract describe the TPA