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2 <br />F. COBRA - means the Consolidated Omnibus Budget Reconciliation Act of <br />1985 (as it appears in the Code, ERISA, and/or PHSA (as applicable)) and <br />regulations thereunder, as amended from time to time. <br />G. Continuation Coverage – means the continuation coverage required to be <br />provided with respect to a Plan under applicable law. Such coverage may <br />include continuation coverage under a group health plan required by <br />COBRA, USERRA, and/or state law and/or continuation coverage under a <br />group term life insurance plan required by state law. <br />H. Continuation Coverage Premium – means the premium to be charged to <br />Continuation Participants under a Plan for Continuation Coverage. <br />I. Continuation Participant – means any person receiving Continuation <br />Coverage under the Plan(s) in accordance with applicable law. This <br />includes, but is not limited to, Qualified Beneficiaries. <br />J. Covered Individual – means an individual who is properly participating in <br />the Plan(s), including those receiving Continuation Coverage. <br />K. Effective Date - means the date upon which this Agreement, once fully <br />executed by all parties, is first effective as identified above. <br />L. ERISA - means the Employee Retirement Income Security Act of 1974 and <br />regulations thereunder, as amended from time to time. The provisions of <br />this Agreement that reference or relate to ERISA shall be applicable only to <br />the extent the Plan is subject to ERISA. <br />M. Employer – means the employer that is the party to this Agreement, as <br />identified above. <br />N. Fiduciary – means any person who satisfies the definition of “fiduciary” <br />under applicable law. <br />O. HIPAA - means the Health Insurance Portability and Accountability Act of <br />1996 and regulations thereunder, as amended from time to time. <br />P. Insignificant Shortfalls – means payment amounts for Continuation <br />Coverage within the lesser of (i) $50, or (ii) ten percent (10%) of the actual <br />amount due. <br />Q. Named Fiduciary – means the individual or entity identified in Section <br />402(a)(1) of ERISA (if applicable) with respect to the Plan.