Synchrony Section 125 to Engage Section 125 Acknowledgement
To the extent Client participated in the Synchrony Section 125 Cafeteria Plan, Client acknowledges and agrees that, by their continuation of benefits coverage and other services under their Client Services Agreement (“CSA”), that effective January 1, 2026, Client has been and will continue to participate in the “cafeteria plan” (within the meaning of Internal Revenue Code Section 125) sponsored or maintained by Engage (hereinafter, “Engage Section 125 Plan”). Client further acknowledges and agrees that (i) Client will be responsible for cooperating with Engage with regard to collection and verification of all pre-tax deferral elections by Worksite Employees; (ii) Engage will take all actions necessary to collect and administer pre-tax elections of Worksite Employees, including (but not limited to) collecting and recording all such elections made during open enrollment, processing any special-enrollment requests, and withholding and remitting Worksite Employee premium payments from Client payroll; (iii) Engage will administer the Engage Section 125 Plan in accordance with its terms and will administer all deferral elections under the Engage Section 125 Plan, including deferral elections of Client’s Worksite Employees; and (iv) upon termination of the CSA, Client shall immediately cease participation in the Engage Section 125 Plan, and Client shall be responsible for providing any section 125 plan to its employees on and after the date of termination of this Agreement.