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03-09-26-R
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03-09-26-R
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12 <br />I. Review of Reports. Employer shall review all reports provided or made <br />available by Benefit Extras (whether via email or through the Website). <br />Employer shall be solely responsible for comparing the information <br />contained in such reports with information provided by the insurance <br />carriers and/or third-party service providers to confirm: (i) reinstatement of <br />coverage for Qualified Beneficiaries electing Continuation Coverage; and (ii) <br />termination of Continuation Coverage for Continuation Participants losing <br />Continuation Coverage. Employer shall notify Benefit Extras of any <br />erroneous information contained in the reports and/or any discrepancies <br />between the information contained in the reports and information provided <br />by insurance carriers and/or third party service providers within a <br />reasonable period of time not to exceed thirty (30) days from the date on <br />which the report is sent by Benefit Extras to Employer. If Employer does <br />not notify Benefit Extras of any errors or discrepancies within such time <br />period, Employer shall be deemed to have approved the accuracy of the <br />reports and Benefit Extras shall be released and relieved of all liability, and <br />shall be indemnified by Employer with respect to, any action or inaction by <br />Benefit Extras that is reflected in the information contained in the reports. <br />If Employer does find an error or discrepancy and notifies Benefit Extras of <br />such error or discrepancy within the time period provided above, Benefit <br />Extras will take immediate steps to address the matter. Notwithstanding <br />anything herein to the contrary, provided it has complied with its <br />responsibilities described in Sections II.I. and II.J., Benefits Extra shall not <br />be responsible for any error or omission of an insurance carrier and/or third <br />party service provider with respect to initiating Continuation Coverage for a <br />Qualified Beneficiary electing such coverage or terminating a Continuation <br />Participant’s Continuation Coverage. <br />J. FMLA Determinations. Employer shall make determinations regarding <br />FMLA, including, but not limited to, whether FMLA applies. Benefit Extras <br />shall not make determinations regarding FMLA. Furthermore, Benefit Extras <br />shall be entitled to rely upon the information provided by Employer and is <br />under no obligation to independently verify such information. <br />K. Continuation Law Compliance. Employer shall be solely responsible for <br />compliance with applicable law regarding the provision of Continuation <br />Coverage (e.g., COBRA, USERRA, and state continuation laws) with respect <br />to any plans sponsored by Employer not specifically identified as a Plan for <br />purposes of this Agreement. <br />L. Medical Child Support Order Compliance. Plan Administrator shall be solely <br />responsible for all aspects of compliance with Section 609(a) of ERISA (if <br />applicable) or other applicable law regarding medical child support orders, <br />including, but not limited to, establishing procedures and determining <br />whether a medical child support order is "qualified" under applicable law.
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