Benefit Plans Administrative Services 12/26/2018

71Paue Section 3.03 Responsibilities of the Plan Sponsor and Plan Administrator. To the extent a responsibility related to the establishment, administration, and maintenance of the Plan and Trust have not been specifically assigned to BPAS in this agreement, the responsibility shall be the Plan Sponsor's and/or the Plan Administrator's. Responsibilities of the Plan Sponsor and/or Plan Administrator include, but are not limited to, the following: a. Plan Provisions. The Plan Sponsor and/or the Plan Administrator shall be responsible for the preparation of the documents governing the Plan and Trust and the procedures by which the Plan and Trust shall be operated and shall retain ultimate authority and responsibility for ensuring they satisfy the applicable legal requirements. The Plan Administrator shall provide to BPAS copies of the governing documents and any procedures adopted by the Plan Administrator and any amendments or modifications thereof as soon as practicable. In addition, the Plan Administrator shall arrange to furnish BPAS with such documents. b. Eligibility Determinations.The Plan Sponsor and/or Plan Administrator shall make all benefit eligibility determinations required under the Plan, including without limitation any benefit eligibility determinations related to the Family and Medical Leave Act. c. List of Participants. The Plan Administrator shall arrange to furnish BPAS with an electronic file listing the Participants, updated as required week to week for changes in eligibility status, and with such other information as BPAS may reasonably require in order to render the services contemplated by this Agreement. d. Court Orders. The Plan Administrator shall be responsible for determining whether a domestic relations order satisfies the Qualified Medical Child Support Orders (QMCSO) requirements. BPAS shall be entitled to rely solely on the Plan Administrator's determinations and shall not be responsible for verifying such determinations. e. Operational Documents and Information. The Plan Sponsor and/or Plan Administrator shall be responsible for the preparation of enrollment forms and claim reimbursement forms as may be necessary for the operation of the Plan. The Plan Sponsor and/or Plan Administrator will use its best efforts to provide such information as may be requested by BPAS to administer the Plan or manage the Trust. The Plan Sponsor and/or Plan Administrator shall review any communications to Participants prepared by BPAS upon request. The Plan Sponsor and Plan Administrator shall designate, and amend from time to time, by written notice to BPAS, one or more authorized representatives ("Authorized Representative") to serve as a liaison with BPAS, and from whom BPAS may accept instructions. The Plan Sponsor and Plan Administrator shall collect and provide sample signatures of each Authorized Representative for the purpose of verifying the identity of such Authorized Representative (as may be required by law). Should any changes or substitutions relating to the Authorized Representative occur,the Plan Sponsor and Plan Administrator shall be responsible for promptly communicating such changes or substitutions to BPAS. (BPAS shall not be liable to the Plan Sponsor or Plan Administrator or any other person or entity, for or on account of, or as a consequence of its acting upon written direction from such Authorized Representative, or its failure to comply with any directive in the absence of a written direction from such Authorized Representative.) The Plan Sponsor, Plan Administrator and BPAS shall cooperate in keeping the operations of the Plan and Trust in compliance with all applicable law, including without limitation, the collection of benefit overpayments, as may be necessary. f. Coordination with the Plan Sponsor. The Plan Administrator shall seek to have the Plan Sponsor (i) provide BPAS payroll (census) data each contribution processing cycle in a BPAS approved electronic VEBA Administrative Service Agreement (405512)