R2009-37 ADOPTING POST EMPLOYEMENT HEALTH PLAN

Home Browse Search

, • � Employer Participation Agreement for the Post Employment Health Plan for Collectively Bargained Public Employees , This Participation Agreement("Agreement"), effective as of the 6 day of Apr i 1 20 0 9 �I (the"Effective Date'), by and between the undersigned employer(the`Employer"), and Nationwide Retirement Solutions(NRS), as the administrator(the"Administrator")of the Post Employment Health Plan for Collectively Bargained Public Employees(the"Plan"). WITNESSETH: WHEREAS, the Employer is a State or a political subdivision thereof, or an agency or instrumentality of any of the foregoing; and WHEREAS, the Plan provides post-retirement reimbursement of qualifying medical care expenses for the benefit of government employees and their dependents and, WHEREAS, pursuant to a collective bargaining agreement("CBA")(attached hereto as Exhibit A)with_ IAFF Local 505 (the "Local Union"), the Employer has agreed to make contributions pursuant to and in compliance with the Plan and subject to the Internal Revenue Code ("Code") and its accompanying regulations for work performed by its employees covered by said collective bargaining agreement("Contributions"); and WHEREAS, the Contributions will be held in trust by the Trustee, or its successor, designated under the Trust for the Post Employment Health Plan for Collectively Bargained Public Employees (the "Trust") for the exclusive benefit of plan participants and their qualified dependents; WHEREAS, the Plan gives authority to the Administrator to accept on behalf of the Plan an Employer for participation in the Plan; and WHEREAS, the Administrator is willing to accept the Employer as an Employer under the Plan upon the terms and conditions set forth in the Plan,the Trust and herein; NOW, THEREFORE, for and in consideration of the premises and the mutual covenants herein contained, the Employer and the Administrator hereby agree as follows: 1. By execution of this Participation Agreement, the Employer adopts and agrees to be bound by all of the terms and provisions of the Plan and the Agreement and Declaration of Trust for the Plan assets(the "Trust Agreement"a copy of which the Employer acknowledges receipt thereof and attached hereto as Exhibit B)effective February 20, 1991 and such subsequent amendments which are adopted as provided in the Trust Agreement. The Employer agrees to be bound by all actions taken by the Administrator and the Trustee pursuant to the powers granted them by the Plan and Trust Agreement. The Employer further acknowledges that under the terms of the Plan, the Administrator's resolution regarding questions relating to administration of the Plan is final and binding upon participating employers and its employees. 2. By execution of this Participation Agreement with the Employer, the Administrator accepts the Employer for participation in the Plan. The Trust Agreement and the Plan adopted by the Employer(and other participating employers)as in effect from time to time, shall fully apply to the Employer and its employees accepted for participation in the Plan. 3. This Participation Agreement does not authorize the Plan to bind the Employer in any manner inconsistent with the terms of its CBA and the Trust Agreement. This provision shall not preclude the Administrator or Trustee from enforcing any rights which are provided as a matter of law in favor of the Plan, its participants and beneficiaries or the Trustee. This provision nofinrithstanding, if, in the opinion of the Administrator, terms of the Employer's CBA are in conflict with the Code and accompanying regulations, the Administrator may refuse Contributions until such time as the conflict is cured. DC-293&0408(Collectively Bargained)