|
© Peak One Administration 2016 6
<br />3.5 Processing Claims Requests
<br />
<br />Client will be responsible for processing any claims for benefits received prior to the Effective Date and (including any
<br />run-off claims submitted after the Effective Date) and maintaining legally required records of, or pertaining to, Prior
<br />Reimbursement Requests and Prior Administration sufficient to comply with applicable law (e.g., IRS substantiation).
<br />3.6 FMLA Determinations
<br />
<br />Client will make determinations regarding FMLA, including, but not limited to, whether FMLA applies. PSP will not
<br />make determinations regarding FMLA. Furthermore, PSP will be entitled to rely upon the information provided by
<br />Client and is under no obligation to independently verify such information.
<br />3.7 Continuation Law Compliance
<br />
<br />Unless Client, Plan Administrator, and PSP have entered a Continuation Services Agreement Addendum, Client will
<br />comply with the applicable provisions of COBRA and state continuation laws, including, but not limited to, providing
<br />qualified beneficiaries covered by the Plans with initial COBRA notices, notices upon a qualifying event, notices of
<br />unavailability, termination notices, and other information concerning COBRA elections.
<br />3.8 QMCSO Compliance
<br />
<br />Plan Administrator will be responsible for all aspects of compliance with Section 609(a) of ERISA regarding qualified
<br />medical child support orders ("QMCSO"), including, not limited to, establishing QMCSO procedures and determining
<br />whether a medical child support order is "qualified." Plan Administrator shall provide notice to PSP of any Covered
<br />Individuals covered under the Plan by virtue of a QMCSO and of any Covered Individuals who cease to be covered
<br />under the Plan by virtue of the expiration of a QMCSO. PSP will be entitled to rely upon the information provided by
<br />Plan Administrator pertaining to QMCSOs.
<br />3.9 Fees
<br />
<br />In consideration for the services provided by PSP consistent with this Agreement, Client will timely pay to PSP the
<br />applicable compensation and fees in accordance this Agreement.
<br />3.10 Indemnification by Client
<br />
<br />Client will indemnify and hold harmless PSP, its officers, directors and employees (collectively “PSP Indemnitees”) from
<br />and against all losses, penalties, liabilities, damages, expenses, or other obligations, including reasonable attorneys’
<br />fees, resulting from, or arising out of a claim, demand, judgment, settlement agreement, regulatory action or
<br />proceeding, or lawsuit attributable to the gross negligence of Client. In addition, Client will indemnify and hold harmless
<br />PSP and PSP Indemnitees from and against any liability, expense, demand or other obligation resulting from any
<br />premium charge, tax, penalty or similar assessment arising from or related to the Benefit Plans.
<br />3.11 Determination of Employee Status
<br />
<br />Client is responsible for determining whether, and to what extent, individuals are “employees,” of Client as defined in
<br />the Code. PSP will not be held liable for, and Client will indemnify and hold PSP harmless from, any and all damages,
<br />fines, penalties, or taxes which may be imposed as a result of the status of Client as a professional Client organization
<br />(PEO) or of any individual’s status as an “employee.”
<br />ARTICLE IV. COMPENSATION
<br />4.1 Service Charges
<br />(a) The applicable services charges and fees for the services performed by PSP in accordance with this
<br />Agreement are stated below and in the applicable Services Appendices:
|