Yes, the Wrap360 templates state that the plan administrator may have fiduciary responsibilities and discretion with regard to any distribution of insurance dividends, demutualization payments, and Medical Loss Ratio rebates. This information is located in the "Eligibility and Benefits" section of your Wrap SPD and in Article V, section 5.2(d) of your Wrap Plan Document.
Please Note: The use or distribution of rebates (if any) may be explained to participants at the time the rebates actually occur and the employer determines how it will use or distribute them in accordance with the ACA's MLR guidelines. Because this use or distribution may vary from year to year, it would not be prudent to specify this in either the Wrap SPD or the Wrap Plan Document.
The following are the actual provisions included in the Wrap SPD and Wrap Plan Document, as shown below.
Wrap SPD:
ELIGIBILITY AND BENEFITS
. . .
Under ERISA, the Plan Administrator of the group health plan may have fiduciary responsibilities regarding distribution of dividends, demutualization and use of the Medical Loss Ratio rebates from group health insurers. Some or all of any rebate may be an asset of the plan, which must be used for the benefit of the participants covered by the policy. Participants should contact the Plan Administrator directly for information on how the rebate will be used.
Wrap Plan Document:
ARTICLE V
Plan Administration and Fiduciary Duties
5.2 Plan Administration. Except as otherwise provided in a Welfare Program:
. . .
(d) The Plan Administrator shall have sole discretion and authority regarding the distribution, or other use, of dividends, demutualization and/or the Medical Loss Ratio rebates, if any, from group health insurers.