Agenda - Council - 08/22/2006 - Laserfiche WebLink

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5. RIGHTS AND RESPONSIBILITIES OF ADOPTING EMPLOYERS 5.1 Adopting Employers to,Furnish Data. Each Adopting Employer agrees to furnish all reasonably necessary data to the Advisory Council, or Provider or other third party as directed by the Advisory Council. 5.2 Remittance of Contributions and Fees. The Adopting Employers shall remit contributions and /or administrative fees in the time and manner as set forth in the Plan, the Trusts, and /or the Administrative Services Agreements. 5.3 COBRA Administration. To the extent an Adopting Employer is, through the Public Health Services Act, subject to the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended ("COBRA "), such Adopting Employer shall be responsible for complying with the requirements of COBRA with respect to their employees participating in the Plan. Such responsibility shall include all aspects of administering the continuation coverage required by COBRA including, but not limited to, providing notices required by COBRA. The Advisory Council, as the "plan administrator" of the Plan, has delegated its responsibilities under COBRA to the Adopting Employers. 5.4 Adopting Employer Withdrawal. An Adopting Employer's participation in this Agreement may be terminated as follows: 5.4.1 Voluntary Withdrawal. At any time during a year, an Adopting Employer may terminate its participation in this Agreement upon ninety (90) days written notice to the Advisory Council and to all Providers. 5.4.2 Deemed Withdrawal. An Adopting Employer shall be deemed to have terminated its participation in this Agreement upon withdrawal from the Plan and the Trusts. 5.3.3 Involuntary Withdrawal. The Advisory Council may terminate an Adopting Employer's participation in this Agreement for cause upon ninety (90) days notice to said Adopting Employer. 5.5 Effect of Adopting Employer Withdrawal. Upon an. Adopting Employer's withdrawal from this Agreement, the following rules shall apply: 5.5.1 Withdrawal from the Plan and Trust. Upon withdrawal from this Agreement, an Adopting Employer shall be deemed to have withdrawn from the Plan and Trusts. 5.5.2 Continuance of REBA. The withdrawal of an Adopting Employer shall not affect the continuance of REBA by the remaining Adopting Employers. 5.5.3 Liability of Withdrawing Adopting Employer. An Adopting Employer that withdraws shall remain jointly and severally liable for all debts, obligations and liabilities incurred on its behalf during the term of its membership. The liability of an Adopting Employer upon withdrawal shall be determined in accordance with the Bylaws, Plan, Trusts and /or Administrative Services Agreements. © HaynesHitesman, PC 2005 REBA Joint Powers Agmt