STERLING HEALTH SERVICES (3) - Laserfiche WebLink

Home Browse Search

(4) YOUR CORPORATION'S RESPONSIBILITIES a. Sole Responsibilities. General. YOUR CORPORATION has the sole authority and responsibility for the Program and its operation, including the authority and responsibility for establishing, administering, construing, and interpreting the provisions of the Program and making all determinations thereunder. YOUR CORPORATION gives Sterling the authority to act on behalf of YOUR CORPORATION in connection with the Program, but only as expressly stated in this Agreement or as mutually agreed in writing by YOUR CORPORATION and Sterling. All final determinations as to a Program participant's entitlement to Program benefits are to be made by YOUR CORPORATION, including any determination upon appeal of a denied claim for Program benefits. Responsibilities. Without limiting YOUR CORPORATION'S responsibilities with respect to any Program, it shall be YOUR CORPORATION'S sole responsibility and duty to ensure compliance with COBRA; perform required nondiscrimination testing; amend the Programs as necessary to ensure ongoing compliance with applicable law; file any required tax or governmental returns (including Form 5500 returns) relating to the Programs; collect and forward any fees related to the Programs; determine if and when a valid election change has occurred; handle Program participant claim appeals; execute and retain required Program documentation; and take all other steps necessary to maintain and operate the Programs in compliance with applicable provisions of the Programs, ERISA, the Code, and other applicable federal and state laws. YOUR CORPORATION'S engagement of Sterling to assist it in meeting any such obligation does not relieve YOUR CORPORATION of responsibility for the obligation. b. Service Charges; Fees and Expenses. YOUR CORPORATION shall pay Sterling the service charges set forth in the Proposal presented to the client/broker. C. Benefit Funding. YOUR CORPORATION shall promptly make funds available for the payment of any Program benefits. These funds shall be clearly separate from any funds otherwise made available for other purposes (e.g., service charges, fees and expenses). d. Information to Sterling. YOUR CORPORATION shall furnish the information requested by Sterling as determined necessary to perform Sterling's functions hereunder, including information concerning the Program and the eligibility of individuals to participate in and receive Program benefits. Such information shall be provided to Sterling in the time and in the manner agreed to by YOUR CORPORATION and Sterling. Sterling shall have no responsibility with regard to benefits paid (or not paid) in error, or with regard to failure to timely provide required notices or other communications, due to YOUR CORPORATION'S failure to timely update or ensure the accuracy of such information.