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160 Broadway, Suite 1300 New York, NY 10038 (212) 619-0160 3RD PARTY BENEFIT NOTICE AND POLICY This memorandum is to provide you with notice that the Client Company (worksite employer) may elect to be the provider and/or sponsor of any current or future 3rd party benefit to the worksite employee. In the event the worksite employer is the provider and/or sponsor of a 3rd party benefit, it is the worksite employer’s sole responsibility for all obligations and expenses of operating the Plan, including the responsibility for providing employee communications materials, administration and compliance with any applicable federal and state laws affecting the Plan. Tri-State Employment Services, Inc. and/or one of its affiliates (“Tri-State Employment Services”) will not have any responsibility for maintaining any benefit that is not provided and/or sponsored by Tri-State Employment Services under the Employee Retirement Income Security Act and/or any applicable federal or state laws affecting such 3rd party Plan. If applicable, the worksite employer is responsible for contributing any salary deferral contributions to the Plan, and Tri-State Employment Services has no obligation or responsibility for the administration of the Plan or your worksite employer’s actions (or failure to act) with respect to the Plan. In addition, Tri-State Employment Services has no administrative duties or fiduciary responsibilities in connection with any 3rd party Plan. All worksite employee questions regarding a 3rd party Plan, including any issues with respect to benefits or their rights and responsibilities under the Plan, should be directed to the worksite employer.
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