1. Creation of Trust Agreement The parties have agreed to establish a Health and Welfare Fund under an Agreement and Declaration of Trust drafted by the Employer and executed by the Association and the Employer. Such Agreement and Declaration of Trust (hereinafter referred to as the "trust agreement") provides for a Board of Trustees composed of an equal number of representatives of the Employer and the Association. The Board of Trustees of the Health and Welfare Fund shall determine in their discretion and within the terms of this Agreement and the Agreement and Declaration of Trust such health and welfare benefits to be extended by the Health and Welfare fund to employees and/or their dependents.
2. Effective January 1, 2006, the Employer agrees to contribute on behalf of each full-time employee equivalent, a total of twelve dollars ($12.00) per calendar week.
3. The contributions made by the Employer to the Health and Welfare Fund shall not be used for any purpose other than to provide health and welfare benefits and to pay the operating and administering expenses of the fund. The amount of contributions for each year shall be based upon the number of full-time equivalent employees as of the last payroll period in the month of October; however, non-state-funded employees may be surveyed quarterly. The contributions shall be made by the Employer in an aggregate sum within forty-five (45) days following the end of the calendar month during which contributions were collected.
4. Non-Grievability. No dispute over a claim for any benefits extended by this Health and Welfare Fund shall be subject to the grievance procedure established in any collective bargaining agreement between the Employer and the Association.
5. Employer's Liability. It is expressly agreed and understood that the Employer does not accept, nor is the Employer to be charged with hereby, any responsibility in any manner connected with the determination of liability to any employee claiming under any of the benefits extended by the Health and Welfare Fund. The Employer's liability shall be limited to the contributions indicated in Section 2 above.

Section 3. Dependent Care Assistance Plan

1. The Employer agrees to enable association members who so elect, to participate in any Dependent Care Assistance Plan which complies with the requirement for federal tax deductibility and is generally made available to employees of the Commonwealth.
2. Non-Grievability. No dispute over a claim for any benefits extended by this plan shall be subject to the grievance procedure established in any collective bargaining agreement between the Employer and the Association.
3. Liability. It is expressly agreed and understood that neither the Employer nor the Association accept, nor is the Employer or the Association to be charged with hereby, any responsibility in any manner connected with the determination of liability to any employee claiming under any benefit extended by the Plan.
4. Labor Management Committee. A special committee comprised of two (2) members designated by the Association and two (2) members designated by the Employer shall be established to discuss the applicability of federal and state pre-tax legislation to employees and to recommend implementation of any relevant plans to the Director of the Division of Human Resources. Said committee shall meet no later than thirty (30) days from the execution of this agreement.