§ 5.29.070. Plan administration.  


Latest version.
  • A.

    Plan Administrator. The County of Los Angeles shall act as Plan Administrator except to the extent that it delegates its responsibilities in accordance with Section 5.29.070.

    B.

    Plan Administrator's Duties. The Plan Administrator's duties include:

    1.

    Management of Plan operations and administration according to the Plan's terms and for the exclusive benefit of Covered Employees;

    2.

    Maintenance of:

    a.

    records and data necessary or desirable for the Plan's proper operation and administration; and

    b.

    governing documentation of the Plan for inspection by any Covered Employee under the Plan.

    3.

    Notification of Eligible Employees of the Plan's availability and terms; and

    4.

    Preparation and filing of all annual reports or returns, Plan descriptions, financial statements, and other documents required by law or under the Plan's terms.

    C.

    Plan Administrator's Powers. The Plan Administrator may exercise, in a uniform and nondiscriminatory manner sole and absolute discretion in the Plan's operation and administration, including:

    1.

    Establishment of such rules and regulations not inconsistent with the terms of the Plan as it deems necessary or proper for the efficient administration of the Plan and for the payment of benefits under the Plan;

    2.

    Interpretation of the Plan, making decisions regarding all questions of the eligibility of persons to participate in the Plan and making factual determinations under the Plan, construction of any ambiguous provision of the Plan, correction of any defect, supplying any omission, or reconciliation of any inconsistency, in such manner and to such extent as the Plan Administrator in its discretion may determine, and any such action of the Plan Administrator will be binding and conclusive upon all Covered Employees;

    3.

    Appointment of such agents, counsel, accountants, consultants, and other persons as may be required to assist in administering the Plan, including, without limitation, Employees of an Employer or a third-party Claims Administrator; and

    4.

    Allocation and delegation of responsibilities under the Plan and designation of such departments, Employees, committees, entities, or persons including, without limitation, a third-party administrator (such as a third-party Claims Administrator), to carry out any of its responsibilities under the Plan.

    D.

    Plan Administrator Determinations and Actions. The Plan Administrator shall use ordinary care and diligence in performing its duties.

    1.

    Expenses and Compensation. Unless the County agrees otherwise, the Plan Administrator shall serve without compensation. The County shall pay all reasonable expenses the Plan Administrator incurs in performing its duties.

    2.

    Indemnification. The County shall indemnify and hold harmless any Employee, officer, or director who serves or served as Plan Administrator from all claims, liability, and costs (including reasonable attorneys' fees) arising out of being the Plan Administrator or performing the Plan Administrator's duties, except if the claim, liability, or cost is the result of such individual's willful misconduct or bad faith.

(Ord. 2008-0014 §§ 9, 10 (part), 2008.)