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03.07 - NJPA Joint Powers Agreement Revision
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08-04-2015 Council Meeting
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03.07 - NJPA Joint Powers Agreement Revision
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processing of information relating to group employee benefits, and the future direction of such benefits as <br /> well as other programs and services. The Trustees shall consider, but is not required to adopt, advisory <br /> committee recommendations and proposals. Labor representation,when appropriate,on any advisory <br /> committee formed by the Trustees shall be, in so far as is reasonably possible,representative of the <br /> bargaining representatives of individuals covered in the relevant Pool. Notwithstanding anything to the <br /> contrary in this Section 4.8,the Trustees shall create a labor-management committee to advise it on <br /> certain matters as required by law. <br /> 4.9 Authority of Board of Trustees. The Trustees,with due consideration given to <br /> recommendations submitted by any advisory committee which may be established, shall, unless otherwise <br /> expressly agreed,retain final authority in all matters relative to this Agreement and to the Group <br /> Employee Benefits and Other Financial and Risk Management Services subject to this Agreement, <br /> provided,however,that nothing in this Agreement shall permit the Trustees to enter into a Group <br /> Contract on behalf of a Participant Member,and that, subject to any applicable notice rules,nothing in <br /> this Agreement shall prevent a Participant Member from withdrawing from this Agreement,any Group <br /> Employee Benefit,or any Other Financial and Risk Management Service. <br /> 4.10 Liability Limited. The Trustees, its authorized representatives,employees and designees shall <br /> have no duty or liability to any of the Participant Members or Providers with respect to the fees, <br /> premiums and/or contract charges,offers,acceptances or binders of coverage,cancellation notices,or <br /> other matters relating to a Participant Member's subscribers,all of which shall be the responsibility of the <br /> Participant Member. The Trustees, its authorized representatives,employees and designees,and each <br /> Participant Member shall have no duty or liability due to negligence of other Participant Members and <br /> Providers. When it is not exercising the joint powers authorized by this Agreement(and therefore not <br /> acting as the Trustees),the Trustees shall have no duty or obligation whatsoever to act for the benefit of <br /> Participant Members(as Participant Members). <br /> 4.11 Withdrawal by Board of Trustees. The undertakings for the provision of Group Employee <br /> Benefits in this Agreement may be terminated by the Trustees or the SC(as applicable)at any time. <br /> SECTION 5: <br /> RIGHTS AND RESPONSIBILITIES OF PARTICIPANT MEMBERS <br /> 5.1 Enrollment and Renewal. Participant Members may elect whether to participate in any Group <br /> Employee Benefit and any Other Financial and Risk Management Service made available by the Trustees. <br /> If a Participant Member elects to participate in a Group Employee Benefit or Other Financial or Risk <br /> Management Service,the Participant Member must execute any applicable Group Contract,Group <br /> Contract Amendment,enrollment and renewal documents directly with the Provider. <br /> 5.2 Participant Members to Furnish Data. Each Participant Member agrees to furnish all <br /> reasonably necessary employee data directly to the SC or its designee. <br /> 5.3 Remittance of Premiums and Contract Charges. The Participant Member shall remit <br /> premiums and/or contract charges in the time and manner as from time to time determined by the <br /> Trustees. <br /> 5.4 CBA Employee Benefits. Each Participant Member that participates in CBA Employee Benefits <br /> shall be solely responsible for the collective bargaining of such benefits,and for providing any notices <br /> regarding CBA Employee Benefits, including,without limitation,the obligation to notify certain <br /> representatives regarding the adoption of a self-insured health benefit plan set forth in Minn. Stat. <br /> 471.617, Subd. 4. <br /> 9 <br /> Rev. 7/2015 <br />
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