[§87D-1]  Definitions.  As used in thischapter:

"Beneficiary" means a persondesignated by a participant, or by the terms of an employee welfare benefitplan, who is or may become entitled to a benefit thereunder.

"Collective bargaining agreement"means the formal written agreement over wages, hours, amounts of contributionsby the State and counties to a trust established under this chapter, and otherterms and conditions of employment, entered into between an employer and theexclusive representatives of the employees of the employer.

"Contribution" means money paymentsmade to the trust by the State, counties, or a state or county employee.

"Employee" or "publicemployee" means any person employed by a public employer except electedand appointed officials and other employees excluded from coverage in section89-6(g).

"Employee organization" means theemployee organization as defined in section 89-2.

"Employee welfare benefit plan" or"plan" shall mean any plan, fund, or program which is established bythe trust for the purpose of providing participants or their beneficiaries,through the purchase of insurance or otherwise, medical, surgical, or hospitalcare or benefits, or benefits in the event of sickness, accident, disability,or death.

"Employer" or "publicemployer" means "employer" or "public employer" asdefined in section 89-2.

"Exclusive representative" means"exclusive representative" as defined in section 89-2.

"Fiduciary" means any person, withrespect to a plan, to the extent that such person:

(1)  Exercises any discretionary authority ordiscretionary control respecting management of such plan or exercises authorityor control respecting management or disposition of its assets;

(2)  Renders investment advice for a fee or othercompensation, direct or indirect, with respect to any moneys or other propertyof such plan, or has authority or responsibility to do so; or

(3)  Has any discretionary authority or discretionaryresponsibility in the administration of such plan.

Without limiting the foregoing,"fiduciary" shall include each trustee of the trust.

"Participant" means any employee orretiree who is a member of the trust and is eligible to receive benefits underan employee welfare benefit plan provided by or through the trust.

"Party in interest" means:

(1)  Any fiduciary, counsel, or employee of the trust;

(2)  A person providing services to the trust or itsplans;

(3)  An employer, any of whose employees are coveredby such plans; and

(4)  An employee organization, any of whose membersare covered by the trust's plans.

"Retiree" means an individual who hasretired from the State or its counties.

"Trust" means a voluntary employees'beneficiary association trust established under this chapter. [L 2005, c 245,pt of §2]