definiens: within themeaning of Section 3(2 ) of ERISA, other than-70- any health care reimbursement plan under Section 125 of the Code, all material claims incurred ( including claimsincurred but not reported ) by employees, former employees and their dependents thereunder for which the Companyis, or will become, liable are ( A ) insured pursuant to a contract of insurance whereby the insurance company bearsany risk of loss with respect to such claims, ( B ) covered under a contract with a health maintenance organization ( an ) pursuant to which the HMO bears the Liability for such claims or ( C ) reflected as a Liability or accrued foron the Company Balance Sheet . Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in or contributed to any self - insured welfare benefit plan that is governed by ERISA and thatprovides benefits to employees ( including any such plan pursuant to which a stop - loss policy or contract applies )