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HomeMy WebLinkAboutTrustees Health Ben PlanTHIS AGREEMENT. made and entered into as of the 15th day of August. 1~9. by and between Lhe Town of Southold, hereinafter referred to as "Town" and Andrew D. Stype. Paul A. Caminiti. James A. Hinsch~-,'_~,C~,. Hiller Kahn. and Joan Horton hereinafter referred to as "Trustees" or "Trustee"~ WITNESSETH WHEREAS. the Town has established the Town of Southold Employees Health Benefit Plan referred to as the "Plan". to provide benefits for eligible employees, as covered by the Plan; and WHEREAS. the Town desires the above named Trustees to serve as Trustees to review and adjudicate claims under the Plan. and the Trustees have indicated their willingness to do so. all pursuant to the terms of this agreement. NOW. THEREFORE. in consideration of the promises, the Town and the Trustees do hereby effectuate this agreement effective August 15. 1989. to provide as follows: ARTICLE I TRUSTEE'S POWERS authorized anc a majority of the Trustees shall be deemed the ~d the Trustees ~n administering the Trust 'a~e as fol ,ows: (a) To adjust, settle; review, compromise and arbitrate any claim. debt~..or damages owing f~om the Plan. and to defend any legal pr~ceedmgs ,in ~eference thereto; (b) To any and ali contracts. ' Of' /~[{-FI CLE I,I FEES AND EXPENSES The expenses incurred by the Trustees in the performance of its duties, including fees for accounting and legal services, and all other proper charges and disbursements of the Trustees. shall be paid from the Plan unless paid by the Town. ARTICLE III TRUSTEE'S DUTIES The Trustees shall discharge its duties under this agreement solely in the interest of the participants of the Plan and their beneficiaries and for the exclusive purpo.se of, reviewing and adjudi.c, ating claims of such participants and their benefmierles, with the care. skill, prudence and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a llke character and with like aims. but the duties and obligations of the Trustees as such shall be limited to those expressly imposed upon it by this agreement notwithstanding any reference herein to the Plan. o~- the provisions thereof, it being hereby expressly agreed that the Trustees are not a par~y to the Plan. The Trustees may consult with counsel (who may be counsel for the Town or for the Trustees in its individual capacity), and the Trustees shall not b~ deemed imprudent by reason of its taking or refraining from taking any action in accordance with the opinion of counsel. The Town agrees, to the extent permitted by la~v~ to.indemnify and hold the Trustees harmless from and against any liability that the Trustees may incur arising fr°m, this agreement, unless' arising from the Trustees own negligent or Willful breach of the provisions of this agreement. The T ustee{s s½all not be, requmed.to g=lve any bond.or any other security for the faithful performance, of their d~tieS under th s agreement, except such as may ~e i;eq~ired by a aw which prohibits the waiver thereof. The ARTICLE IV SUCCESSION OF TRUSTEES their successors in trust may be removed at any ca~us.e, by .the Town Board.. Any Trustee hereunder may bY givmn.g wrmtte.n 'notice to the To~n Board to that ~es~gfiat]0n. 'or in the event of the removal or a LIMITATtOI~ ( LIABILITY The Trustee shall not the Plan nor shall the contributions to under the Plan. any w. ritten notice. administrator of the I?lan, reispons~b!e in any respeeJ~ for administering [he a~dequacy 'of Or I ...... pay~ments lanmtles conclus~veI.y to rely upon communication of the Any action requ, ire~d by any provision of the agreement to be taken by the Town Board of ~t~ Town of Southold shall be evidenced by a resolution of the Town B°a~d c~tified tO the Trustee by the To. wn Cler~ under its seal. and tee Trustee. s~all be fully protected in relylng upon any resolution so certified to it. The Trustee shall be entitled conclusively to rely upon any written note. instru~ction, direction, certificate or other communication believed by it to be genuine' and to be signed by the proper person or persons, and the Trustee~shall be, under no duty to make investigation 0~ inquiry as to the truth, accuracy, or completeness of any statement contained therein. ARTICLE VI AMENDMENT OF AGREEMENT The Town reserves the right at any time and from time to time by action of its Town Board to amend in whole or in part any or all of the provisions of this agreement, by an instrument in writing duly acknowledged and d~livered to the Trustee. provided that no such amendment which affects the rights, duties, responsibilities or immunities of the Trustee may be made without its consent. ARTICLE VIi TERMINATION ~This agreement which is part of the Plan, shall terminate if and when the Plan c~ases. ARTICLE VIII STATE LAW This agreement, as amended from time to time shall be administered, construed and enforced according to the laws of the State of New York and in courts situated in the State. IN WlTN~ WHEREOF, the parties hereto have set their hand and sealS. BY: /aines A. Hinsch,-D.C.. J(~ Horton Hiller Kahn rHOLD ~hy STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) On this 15th day of August, 1989 before me personally came Francis J. Murphy, to me known, who being by me duly sworn did depose and say that he resides at Wickham Avenue, Mattltuck, New York, that he is the Supervisor of the Town of Southold the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Town Board of said municipal corporation, and that he signed his name' thereto by like order. ~otary Public [ ~t:te-e~oo N~ew York ~.~ _ of N~wYo~ STATE OF NEW YORK) COUNTY OF SUFFOLK) On the~.~/~_ ~zV~._~ day 9, before me personally came Andrew D. Stype, to me'known to be the, lndLvldual described in and who executed the ,foregoing instrument and ~cknowledged,that he executed same. ~6tary Pul~[[c : ~ate of New York STATE OF NEW YORK) SS: COUNTY OF SUFFOLKI On the ~ day o~. 1989. before me personally came Paul A. Caminiti. to me known to be the individual described in and who executed the foregoing in trument and acknowledged that he executed same. STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Notary P~'blic : State of New York UNDA J. COOPER N?.tary Pu_biic, State of New Yore - r~o._4~.225630 SuffolkCountv~ mrm u~xp~res December 31. 19~ On the ~--~day of ~3, before me personally came James A. Hinsch,~D'..C'~ to me known to be the individual described in and who execute~-ti~ foregoing instrument and acknowledged that be'executed same. STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Public : State of N~/ York Core. lifted in Suffolk Ceunty /7/ On the ~day of August. 1989. before me personally came Hiller Kahn. to me known to be the individual described in and who executed the foregoing instrument and acknowledged that he executed same. Notary Public :' State of New York UNDA J. COOPER Notary Public, State of New York Ne. 4822563, Suffolk County,~ Term Expires December 31, 19 STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) On the /~7~ day'of.~ 1989, before .me p.ersonally came Joan Horton~,' to me known to be tl~e irtdi¥idual described In an.~d who executed the foregoing instrument and ack~o~wledged that she executed Same. N~ar~x~publ~: ~tat_e of ~ew