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REV:01-20-23 MI <br />information is not timely reported or verified, and in the event that there are disbursements made <br />by Navia that would not have been made if the occurrence had been reported on the same day of <br />each such occurrence, then Employer shall be responsible for such disbursements and shall <br />reimburse Navia therefore upon request by Navia. Employer shall be responsible for accurate <br />Participant payroll deductions, reporting of deductions, and W-2 reporting and shall ensure that <br />any terminated employer contacts (human resources, payroll, broker contacts, or other Employer <br />contacts with access to the Website) are immediately reported to Navia on the same day of the <br />occurrence. Employer shall be responsible for any consequences of failing to report such <br />terminations on the same day of the occurrence, including but not limited to the unauthorized <br />disclosure of information to former Employer contacts. Navia is not “a person” who is <br />responsible for administering or providing benefits under the COBRA benefit within the meaning <br />of Internal Revenue Code section 4980B (e)(1)(B). Navia is not responsible for the payment of <br />excise taxes imposed under Internal Revenue Code section 4980B and is not responsible for the <br />preparation or filing of Internal Revenue Service Form 8928. Navia shall provide such <br />information as Employer reasonably requests in order to calculate excise taxes imposed under <br />Internal Revenue Code section 4980B or to prepare IRS Form 8928. With respect to COBRA <br />services, Navia is merely a collection agent for the employer and any amounts collected belong to <br />the Employer. Employer agrees to reimburse Navia for any taxes, or other similar charges, in <br />connection with COBRA administration, assessed against Navia. Employer understands and <br />agrees that Navia may rely on all information provided to it by Covered Individuals and/or <br />Employer in accordance with this Agreement as true and accurate without further verification or <br />investigation by Navia. Navia shall not be responsible and shall be held harmless for the receipt <br />of inaccurate and/or incomplete information or data files. Navia shall not be responsible for any <br />delays in providing services under this Agreement and any financial or adverse consequences due <br />to the receipt of the inaccurate and/or incomplete information or data files or for Employer’s <br />failure to send data files. <br />1.4 If applicable to the Plan(s), Navia will send education and engagement materials in the form of <br />electronic mail campaigns direct to Employees and make enrollment kits (describing the benefit), <br />enrollment forms, online enrollment specification files, and claim forms available on the Website <br />and/or to Employer for distribution to Covered Individuals. Navia is only obligated to process <br />claims submitted to Navia in accordance with the instructions set forth on Navia’s claim forms. <br />Navia will process claims in accordance with applicable law, its standard operating procedures, <br />and the terms of the Plan to the extent that such terms are provided to Navia and are consistent <br />with Navia’s standard operating procedures. Navia may also provide claims submission <br />capabilities via online and through a smart phone application for certain Plans. If Navia denies a <br />request for reimbursement, Navia will review the 1st level appeal. If the Plan provides for 2 <br />levels of appeal Employer will be responsible for the final determination. Employer shall be the <br />fiduciary and Plan Administrator of the Benefits Plans and shall be responsible for interpreting <br />the Plans, its provisions, terms and conditions and make any and all determinations as to <br />eligibility, appeal, and change in status events, as applicable. <br /> 1.5 In the event that a Covered Employee is reimbursed less than is otherwise required by the Plans, <br />Navia will promptly adjust the underpayment to the extent that Employer has satisfied its funding <br />obligations as set forth herein. If it is discovered that a Covered Employee was overpaid, or the <br />Covered Employee fails to substantiate an Electronic Payment Card Transaction as required by <br />applicable rules and regulations, Navia will make reasonable attempts to request repayment of <br />overpaid or unsubstantiated Electronic Payment Card claims or offset the ineligible payment <br />against any claims for future eligible expenses in accordance with applicable rules and <br />regulations. If the Covered Employee fails to repay or offset, Navia will notify Employer upon <br />Employer’s written request for such report or data. Employer is responsible for taking any <br />ATTY/AGR.2023.010/Navia Benefit Solutions (Navia Services (Dental HRA) 2023) (Page 18 of 42)