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03-09-26-R
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03-09-26-R
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14 <br />O. Regulatory Compliance. Employer and Plan Administrator shall be <br />responsible for compliance with applicable laws and regulations pertaining <br />to the Plans. Employer and Plan Administrator shall be responsible for any <br />and all governmental or regulatory charges resulting from Employer's <br />establishment and operation of the Plans. This provision does not relieve <br />Benefit Extras from any statutory or agency requirements placed directly on <br />it as a result of performing services under this Agreement. <br />P. Plan Interpretation. Plan Administrator possesses and exercises ultimate <br />authority and responsibility for determining benefits under the Plan and <br />making decisions regarding eligibility for participation, termination of <br />participation, and payment of benefits. This authority and responsibility <br />includes, but is not limited to, final review of Continuation Coverage denials. <br />Q. Other Information. Employer or Plan Administrator (including a designee) <br />shall comply with all requests for information made by Benefit Extras <br />reasonably necessary for Benefit Extras to fulfill its duties under this <br />Agreement. Any documentation received by Employer or Plan Administrator <br />(including a designee) that should have been provided to Benefit Extras <br />shall be promptly forwarded to Benefit Extras. <br />R. Excise Tax Reporting and Payment. Except as provided in Section II.Q., <br />Employer and Plan Administrator are solely responsible for: (i) determining <br />whether IRS Form 8928 must be filed for the purpose of reporting a <br />violation of COBRA, (ii) preparing and filing Form 8928 (if necessary), and <br />(iii) paying any excise tax imposed by Section 4980B of the Code. <br />Notwithstanding the foregoing, upon request, Benefit Extras may assist <br />Employer and Plan Administrator with its responsibilities under this <br />paragraph.
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