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3 <br />R. PHSA – means the Public Health Service Act, as may be amended from time <br />to time. The provisions of this Agreement that reference or relate to PHSA <br />shall be applicable only to the extent the Plan is subject to PHSA. <br />S. Plan or Plans - means the group health plans and other programs or <br />arrangements of benefits established and maintained by Employer that are <br />subject to Continuation Coverage requirements and with respect to which <br />Benefit Extras provides Administrative Services under this Agreement. Each <br />Plan must be specifically identified in the “COBRA Information Sheet” <br />completed by Employer (or its designee) at the time Benefit Extras begins <br />providing Administrative Services or, if the Administrative Services with <br />respect to the Plan begin at a later date, in a written request from Employer <br />(or its designee) to Benefit Extras. <br />T. Plan Administrator – means the person or entity identified in the Plan who <br />is responsible for the overall administration of the Plan. <br />U. Qualified Beneficiary – means a Covered Individual who has lost coverage <br />under a Plan as the result of a Qualifying Event and who is entitled to <br />receive Continuation Coverage. Qualified Beneficiary includes, but is not <br />limited to, individuals determined to be “qualified beneficiaries” under <br />COBRA. <br />V. Qualifying Event – means the loss of coverage under a Plan on account of <br />an event specifically identified in applicable law as an event triggering a <br />right to Continuation Coverage. <br />W. USERRA – means the Uniformed Services Employment and Reemployment <br />Rights Act of 1994 and regulations thereunder, as amended from time to <br />time. <br />II. Benefit Extras Responsibilities <br />A. Status of Benefit Extras. Employer shall not (1) name Benefit Extras as Plan <br />Administrator or a Named Fiduciary in any documents applicable to the <br />Plans, nor (2) hold out to other parties or third parties that Benefit Extras <br />serves in any of the foregoing capacities. In addition, Benefit Extras does <br />not intend to assume any of the administrative duties or responsibilities <br />commensurate with such designations. <br />B. Capacity of Benefit Extras. In fulfilling its duties and obligations under this <br />Agreement, Benefit Extras shall act as the administrative agent of the Plans <br />and does not intend to be a Named Fiduciary or Plan Administrator of the <br />Plans. In addition, Benefit Extras shall not be required to participate in, or <br />act in a manner that aids or assists, a breach of a Fiduciary’s duty.