Page 20 - PWH 2018 Plan Documents

individual designated by an Employer as an independent contractor; a leased employee within the
meaning of Code § 414(n); or a temporary or seasonal employee; even if such designation is found to
be in error by a court or administrative agency of competent jurisdiction.

“Employer” means an entity, including the Company, that adopts the Plan for the benefit of its
eligible Employees, and the Dependents of such Employees, as provided in Section 3.6 of this Article I.
Employers participating in this Plan are listed in the Adoption Agreement.

“ERISA” means the Employee Retirement Income Security Act of 1974, as amended from time
to time, and the applicable regulations and rulings thereunder.

“Fully Insured Benefit Program” means a Benefit Program that provides benefits solely under an
insurance contract or policy, which benefits are paid directly to or on behalf of the Participant.

“Governing Documents” means, with respect to a Benefit Program and as applicable, the
insurance contracts, certificates of coverage, summary plan description and any other document which
governs the terms of the Benefit Program, as listed on the Adoption Agreement and incorporated herein
by this reference.