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HomeMy WebLinkAboutHR18-161 - Original - CIGNA - Group Long Term Disability Policy #LK-965532 - 01/01/2018 i Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725. ® Blue/Motion Sheet Attached ® Pink Sheet Attached Vendor Name: Cigna Vendor Number (]DE): Contract Number (City Clerk) Ti12�. ...l�lp �� ... Category:'Contra c..t Agreement Sub-Category (if applicable) gGhr, Project Name: Contract Execution Date: 1/1/18 Termination Date: 12/31/2020 Contract Manager: Laura Horea Department: HR Contract Amount: $705.000 Approval Authority: ❑ Director ❑ Mayor ® City Council Other Details: PROTECTION FOR YOU AND YOUR INSURANCE POLICY THE WASHINGTON LIFE AND DISABILITY INSURANCE GUARANTY ASSOCIATION PREFACE This brochure briefly describes the coverage provided through the Washington Life& Disability Insurance Guaranty Association ("Association"). The Association is a nonproftt unincorporated legal entity created by the Washington Life and Disability Insurance Guaranty Association Act, Chapter 48.32A RC W ("Act"). Every life and disability insurance company authorized to do business in Washington is a member of the Association. A Board of Directors (`Board"), composed of representatives from member insurers,and the Insurance Commissioner, ex officio, oversee the operation of the Association. The expenses of the Association are paid by assessments made against each member insurer. Persons covered by the Act are not charged for the expenses of the Association or the protection provided under the Act. Coverage is provided for certain life and disability insurance. However,the Association does not cover all such insurance. Coverage that is provided is subject to the limitations and exclusions provided by the Act. The purpose of this brochure is to help you understand the general nature and the conditions of the protection provided under the Act. It is only a summary, however, and if you have specific questions that are not discussed here you may contact either the Association or the Office of the Insurance Commissioner. Washington Life and Disability Company Supervision Division Insurance Guaranty Association Office of the Insurance Commissioner P.O. Box 2292 P.O. Box 40259 Shelton, WA 98584 Olympia, WA 98504-0259 360-426-6744 360-725-7214 QUESTIONS AND ANSWERS I. WHAT INSURANCE POLICIES ARE COVERED UNDER THE ACT? The Act applies to life insurance policies, disability insurance policies, and annuity contracts issued by an insurance company authorized to do business in Washington.The term"disability insurance," as used in the Act, includes not only disability income insurance, but also policies commonly referred to as "health insurance"(which includes longterm care policies).Together, all of these policies and contracts are sometimes referred to as"covered policies," a term used in this brochure. 2. ARE THERE POLICIES OR INSURERS NOT COVERED BY THE ACT? The Act specifically excludes certain types of policies or portions of policies,including, but not limited to: The portion of a policy not guaranteed by the insurer; the portion of a policy to the extent the interest rate or crediting rate exceeds the limits in the Act; policies of reinsurance, unless assumption certificates have been issued; policies issued in Washington by an insurer at a time when the insurer was not licensed or did not have a certificate of authority; policies issued to a self- insured plan or program; certain unallocated employee benefit plan annuities protected by federal law; and unallocated annuity contracts not issued to or in connection with a benefit plan or a government lottery. The Act also does not apply to policies or contracts issued by health care service contractors, health maintenance organizations, fraternal benefit societies, self funded multiple employer welfare arrangements, mandatory state pooling plans, mutual assessment companies, insurance exchanges, or an organization that has a certificate or license limited to issuance of certain charitable gift annuities. 3. WHO IS PROTECTED UNDER THE ACT? You are covered by the Act if you are an owner of or certificate holder under a policy or contract (other than an unallocated annuity contract or structured settlement annuity), and: ➢ You are a Washington resident; or You are not a Washington resident,but only if: the insurer is domiciled in Washington; there is an association similar to the Washington Association in your state of residency; and You are not covered in your state of residency, because the insurer was not licensed in that state; or ➢ You are a beneficiary, assignee, or payee of one of the above, regardless of where you reside(,except for nonresident certificate holders under group policies). Owners of unallocated annuity contracts are covered if the contract was issued to or in connection with a specific benefit plan whose plan sponsor has its principal place of business in Washington, or the contract was issued to or in connection with a government lottery and the owner is a Washington resident. A payee under a structured settlement annuity(or beneficiary of a deceased payee) is also covered, if the payee is a Washington resident, or the payee is not a Washington resident, but the contract owner is a resident; or the insurer that issued the annuity is domiciled in Washington and coverage is not available in the state in which the payee resides. Residency is generally determined at the time of entry of an order of liquidation against the insurer. If you move to another state and reside there when such an order is entered,you may still have protection under the law of that state. You should contact the insurance department in your new state of residence to find out about guaranty act protection there. 4. HOW DOES THE ASSOCIATION PROTECT COVERED PERSONS AGAINST LOSS? After an order of liquidation is entered against a company, the Association begins its work of carrying out the purpose of the Act, which is to assure the performance of insurance obligations of that company. The Association is authorized to carry out its duties by working with insurance companies in good standing to assume or take over the covered policies. The association may also directly provide benefits and coverage as authorized by the Act. The Association has the authority to collect the funds necessary to provide protection to covered persons against losses on their covered policies. PROTECTION FOR YOU AND YOUR INSURANCE POLICY THE WASHINGTON LIFE AND DISABILITY INSURANCE GUARANTY ASSOCIATION 5. WHERE DOES THE ASSOCIATION GET THE MONEY TO PROVIDE THIS PROTECTION? The Association is authorized to collect money from all life and disability insurance companies doing business in Washington. The funds collected from an assessment are used to pay claims to covered persons and/or to fund the assumption of covered policies by another insurer. 6. DOES THE ASSOCIATION PAY OUT THE MONEY IT COLLECTS RIGHT AWAY OR DO COVERED PERSONS HAVE TO WAIT? The Association generally cannot make an assessment for covered policies issued by a company until after an order of liquidation has been entered against the company, and a reasonable estimate can be made of the amount of money needed. Insurance companies receiving an assessment notice must make their payments within thirty days. Because it takes time for an action to be commenced against a financially impaired insurer, for a Court to issue an order, and for funds to be collected to satisfy the obligations of that insurer, some delay,hopefully short, is unavoidable before payments can be made. Although it is impossible to predict how long this process will take in any given case, an average time period of twelve to eighteen months is not unusual. When necessary, the Association may borrow money to make payments more promptly, particularly in cases that will take an unusual amount of time to be resolved. 7, WHAT IS THE AMOUNT OF PROTECTION PROVIDED BY THE ACT? The Act provides the following maximum amounts of protection: Life Insurance Death Benefits...............................................................................................................$500,000 Disability Benefits and Health Benefits (including Long Tenn Care Benefits).................................$500,000 Present Value of Individual Annuities ......................................................................-...............,.......$500,000 Unallocated Annuity Contracts, other than certain government retirement plans (limit is per contract owner or plan sponsor).............................................................................$5,000,000 Government Retirement Plans in Unallocated Annuities established under Internal Revenue Code § § 401, 403(b), or 457 (limit is per participant)............................................................................. $100,000 This protection becomes effective at the time of entry of a Court order of liquidation against the insurer. Of course, if the amount owed under the contract or policy is less than the maximum benefit under the Act,the covered person will be entitled to protection only up to the actual amount owed. Furthermore,the maximum protection available to each covered person remains the same, regardless of the number of contracts through which he or she has a claim. 8. IF A HUSBAND AND WIFE EACH INDIVIDUALLY OWN A COVERED POLICY, IS THE PROTECTION UNDER THE ACT PROVIDED TO EACH OF THEM? Yes. As long as the residency requirements are met, both would be entitled to the protection provided by the Act, up to the maximum amount. 9. WHY DOESN'T MY INSURANCE COMPANY ADVERTISE THE FACT THAT ITS POLICIES AND CONTRACTS ARE PROTECTED UNDER THE ACT? Under Washington law, insurance companies are prohibited from advertising that their policies or contracts may be covered under the Act. You should not rely on coverage under the Act when selecting an insurance company. 10. WHY HASN'T MY AGENT TOLD ME ABOUT THE GUARANTY ACT? Your insurance agent is subject to the same prohibitions as your insurance company. As a representative of the company,an agent must exercise great care when soliciting business and consequently, will generally not discuss the subject of a guaranty act with clients. 11. WHO SHOULD I CONTACT IF I BELIEVE THERE HAS BEEN A VIOLATION OF THE ACT? You should contact the Association if you believe your rights have been violated under the Act. If You are dissatisfied with the actions of the Association,you may also contact the Office of the Insurance Commissioner. CONCLUSION This brochure has been prepared by the Washington Life and Disability Insurance Guaranty Association. Its purpose is to inform the public in a general way of the protections that are available in this state on insurance policies and annuity contracts issued by companies authorized to do business in Washington. The Association does not, by this brochure, endorse any company or its products, but rather seeks to address some of the concerns that you may have regarding the security of insurance policies and annuity contracts. For more information or answers to specific questions you may contact the Washington Life and Disability Insurance Guaranty Association or the Office of the Insurance Commissioner, whose addresses and telephone numbers are shown in the Preface. This brochure is prepared by and made available through the Washington Life and Disability Insurance Guaranty Association, which has granted member insurance companies permission to reproduce and distribute the brochure. It is the responsibility of the company, or any representative of a company, reproducing this brochure,to ensure that the use thereof does not violate applicable laws or regulations. LIFE INSURANCE COMPANY OF NORTH AMERICA 1601 CHESTNUT STREET GROUP POLICY PHILADELPHIA, PA 19192-2235 (800)732-1603 TDD(800) 552-5744 A STOCK INSURANCE COMPANY POLICYHOLDER: City of Kent POLICY NUMBER: LK-965532 POLICY EFFECTIVE DATE: January 1, 2018 POLICY ANNIVERSARY DATE: January 1 This Policy describes the terms and conditions of coverage. It is issued in Washington and shall be governed by its laws. The Policy goes into effect on the Policy Effective Date, 12:01 a.m. at the Policyholder's address. In return for the required premium,the Insurance Company and the Policyholder have agreed to all the terms of this Policy. Anna Krishtul, Corporate Secretary Matthew G.Manders, President '11,004701 O/O v-2 TABLE OF CONTENTS SCHEDULEOF BENEFITS.....................................................................................,...................---.......... 1 SCHEDULE OF BENEFITS FOR CLASS 1...............................................................................................2 SCHEDULE OF BENEFITS FOR CLASS 2...............................................................................................5 ELIGIBILITY FOR INSURANCE ...............................................................................................................8 EFFECTIVE DATE OF INSURANCE.,.........-....-........ ...... ........... .............. ......8 TERMINATION OF INSURANCE..... ........... ....... ........-.... ...................................... 8 CONTINUATION OF INSURANCE..........................................................................................................9 DESCRIPTION OF BENEFITS................................»......,......................................................................... l 1 EXCLUSIONS---,..........................................».................................»..................,...................................18 CLAIM PROVISIONS................................................................................................................................19 ADMINISTRATIVE PROVISIONS.......................................---..............». ...........................................21 GENERALPROVISIONS ......................................................................»».................................,...............22 DEFINITIONS....-,......- .... ... ..... ............24 DOMESTIC PARTNER/CIVIL UNION PARTNER RIDER....................................................................27 SCHEDULE OF BENEF[TS Premium Due Date: The last day of each month Classes of Eligible Employees On the pages following the definition of eligible employees there is a Schedule of Benefits for each Class of Eligible Employees listed below. For an explanation of these benefits, please see the Description of Benefits provision. If an Employee is eligible under one Class of Eligible Employees and later becomes eligible under a different Class of Eligible Employees, changes in the Employee's insurance due to the class change will be effective on the first date the Employee is in Active Service on or after the date of the change in class. Class 1 All active, Employees of the City of Kent insured under a prior LTD Policy Effective July 1,2005 and whose names are on file with the Policyholder and the Insurance Company and who are regularly working a minimum of 20 hours per week. (closed class) Class 2 All active, Benefited Employees of the City of Kent regularly working the minimum required weekly hours for their job subject to a minimum of 20 hours per week, and the elected Mayor currently in office, excluding Members of the Kent Police Officers Association(KPOA). SCHEDULE OF BENEFITS FOR CLASS 1 Eligibility Waiting Period For Employees hired on or before the Policy Effective Date: No Waiting Period For Employees hired after the Policy Effective Date: No Waiting Period Definition of Disability/Disabled The Employee is considered Disabled if, solely because of Injury or Sickness, he or she is: 1. unable to perform the material duties of his or her Regular Occupation; or 2. unable to earn 80% or more of his or her Indexed Earnings from working in his or her Regular Occupation. After Disability Benefits have been payable for 24 months,the Employee is considered Disabled if, solely due to Injury or Sickness,he or she is: 1. unable to perform the material duties of any occupation for which he or she is, or may reasonably become, qualified based on education,training or experience; or 2. unable to earn 80%or more of his or her Indexed Earnings. The Insurance Company will require proof of earnings and continued Disability. Definition of Covered Earnings Covered Earnings means an Employee's wage or salary as reported by the Employer for work performed for the Employer as in effect just prior to the date Disability begins. Covered Earnings are determined initially on the date an Employee applies for coverage. A change in the amount of Covered Earnings is effective on the first of the month following the change, if the Employer gives us written notice of the change and the required premium is paid. It does not include amounts received as bonus, commissions, overtime pay or other extra compensation. Any increase in an Employee's Covered Earnings will not be effective during a period of continuous Disability. Elimination Period 90 days Gross Disability Benefit The lesser of 66.67%of an Employee's monthly Covered Earnings rounded to the nearest dollar or the Maximum Disability Benefit. Maximum Disability Benefit $7,000 per month Minimum Disability Benefit The greater of$100 or 10%of an Employee's Monthly Benefit prior to any reductions for Other Income Benefits. 2 Disability Benefit Calculation The Disability Benefit payable to the Employee is figured using the Gross Disability Benefit, Other Income Benefits and the Return to Work Incentive. Monthly Benefits are based on a 30-day month. The Disability Benefit will be prorated if payable for any period less than a month. During any month the Employee has no Disability Earnings, the monthly benefit payable is the Gross Disability Benefit less Other Income Benefits. During any month the Employee has Disability Earnings, benefits are determined under the Return to Work Incentive. Benefits will not be less than the minimum benefit shown in the Schedule of Benefits except as provided under the section Minimum Benefit. "Other Income Benefits" means any benefits listed in the Other Income Benefits provision that an Employee receives on his or her own behalf or for dependents, or which the Employee's dependents receive because of the Employee's entitlement to Other Income Benefits. Return to Work Incentive During any month the Employee has Disability Earnings, his or her benefits will be calculated as follows. The Employee's monthly benefit payable will be calculated as follows during the first 24 months disability benefits are payable and the Employee has Disability Earnings: 1. Add the Employee's Gross Disability Benefit and Disability Earnings. 2. Compare the sum from 1. to the Employee's Indexed Earnings. 3. If the sum from 1. exceeds 100% of the Employee's Indexed Earnings, then subtract the Indexed Earnings from the sum in 1. 4. The Employee's Gross Disability Benefit will be reduced by the difference from 3., as well as by Other Income Benefits. 5. If the sum from 1. does not exceed 100%of the Employee's Indexed Earnings, the Employee's Gross Disability Benefit will be reduced by Other Income Benefits. After disability benefits are payable for 24 months,the monthly benefit payable is the Gross Disability Benefit reduced by Other Income Benefits and 50%of Disability Earnings. No Disability Benefits will be paid, and insurance will end if the Insurance Company determines the Employee is able to work under a modified work arrangement and he or she refuses to do so without Good Cause. 3 Additional Benefits Catastrophic Disability Benefit Amount of Benefit: 13%of an Employee's monthly Covered Earnings to a maximum monthly benefit of$1,400. Survivor Benefit Amount of Benefit: 100%of the sum of the last full Disability Benefit plus the amount of any Disability Earnings by which the benefit had been reduced for that month. Maximum Benefit Period A single lump sum payment equal to 3 monthly Survivor Benefits. Maximum Benefit Period Ave When Disability .34Z ns Maximum Benefit Period Age 62 or under The Employee's 65th birthday or the date the 42nd Monthly Benefit is payable, if later. Age 63 The date the 36th Monthly Benefit is payable. Age 64 The date the 30th Monthly Benefit is payable. Age 65 The date the 24th Monthly Benefit is payable. Age 66 The date the 21 st Monthly Benefit is payable. Age 67 The date the 18th Monthly Benefit is payable. Age 68 The date the 15th Monthly Benefit is payable. Age 69 or older The date the 12th Monthly Benefit is payable. Initial Premium Rates $.30 per$100 of Covered Payroll Covered Payroll for an Employee will mean his or her Covered Earnings for the insurance month prior to the date the determination is made. However, an Employee's Covered Payroll will not include any part of his or her monthly Covered Earnings which exceed $10,499. l'I A01]'I4 4 SCHEDULE OF BENEFITS FOR CLASS 2 Eligibility Waiting Period For Employees hired on or before the Policy Effective Date: No Waiting Period For Employees hired after the Policy Effective Date: No Waiting Period Definition of Disability/Disabled The Employee is considered Disabled if, solely because of Injury or Sickness, he or she is: 1. unable to perform the material duties of his or her Regular Occupation; or 2. unable to earn 80%or more of his or her Indexed Earnings from working in his or her Regular Occupation. After Disability Benefits have been payable for 24 months,the Employee is considered Disabled if, solely due to Injury or Sickness, he or she is: I_ unable to perform the material duties of any occupation for which he or she is, or may reasonably become, qualified based on education, training or experience; or 2. unable to earn 80%or more of his or her Indexed Earnings. The Insurance Company will require proof of earnings and continued Disability. Definition of Covered Earnings Covered Earnings means an Employee's wage or salary as reported by the Employer for work performed for the Employer as in effect just prior to the date Disability begins. Covered Earnings are determined initially on the date an Employee applies for coverage. A change in the amount of Covered Earnings is effective on the first of the month following the change, if the Employer gives us written notice of the change and the required premium is paid. It does not include amounts received as bonus,commissions, overtime pay or other extra compensation. Any increase in an Employee's Covered Earnings will not be effective during a period of continuous Disability. Elimination Period 90 days Gross Disability Benefit The lesser of 66.67%of an Employee's monthly Covered Earnings rounded to the nearest dollar or the Maximum Disability Benefit, Maximum Disability Benefit $7,000 per month Minimum Disability Benefit The greater of$100 or 10%of an Employee's Monthly Benefit prior to any reductions for Other Income Benefits. 5 Disability Benefit Calculation The Disability Benefit payable to the Employee is figured using the Gross Disability Benefit, Other Income Benefits and the Return to Work Incentive. Monthly Benefits are based on a 30-day month. The Disability Benefit will be prorated if payable for any period less than a month. During any month the Employee has no Disability Earnings, the monthly benefit payable is the Gross Disability Benefit less Other Income Benefits. During any month the Employee has Disability Earnings, benefits are determined under the Return to Work Incentive. Benefits will not be less than the minimum benefit shown in the Schedule of Benefits except as provided tinder the section Minimum Benefit. "Other Income Benefits" means any benefits listed in the Other Income Benefits provision that an Employee receives on his or her own behalf or for dependents, or which the Employee's dependents receive because of the Employee's entitlement to Other Income Benefits. Return to Work Incentive During any month the Employee has Disability Earnings, his or her benefits will be calculated as follows. The Employee's monthly benefit payable will be calculated as follows during the first 24 months disability benefits are payable and the Employee has Disability Earnings: 1. Add the Employee's Gross Disability Benefit and Disability Earnings. 2. Compare the sum from I. to the Employee's Indexed Earnings. 3. If the sum from 1, exceeds 100%of the Employee's Indexed Earnings, then subtract the Indexed Earnings from the sum in 1. 4. The Employee's Gross Disability Benefit will be reduced by the difference from 3.,as well as by Other Income Benefits. 5. If the sum from 1. does not exceed 100% of the Employee's Indexed Earnings,the Employee's Gross Disability Benefit will be reduced by Other Income Benefits. After disability benefits are payable for 24 months, the monthly benefit payable is the Gross Disability Benefit reduced by Other Income Benefits and 50%of Disability Earnings. No Disability Benefits will be paid, and insurance will end if the Insurance Company determines the Employee is able to work under a modified work arrangement and he or she refuses to do so without Good Cause. 6 Additional Benefits Catastrophic Disability Benefit Amount of Benefit: 13%of an Employee's monthly Covered Earnings to a maximum monthly benefit of$1,400. Survivor Benefit Amount of Benefit: 100%of the sum of the last full Disability Benefit plus the amount of any Disability Earnings by which the benefit had been reduced for that month. Maximum Benefit Period A single lump sum payment equal to 3 monthly Survivor Benefits. Maximum Benefit Period AgumVvl7eu,1)is<lhl;lily,&3egins Maximum.Benefit Period Age 62 or under The Employee's 65th birthday or the date the 42nd Monthly Benefit is payable, if later. Age 63 The date the 36th Monthly Benefit is payable. Age 64 The date the 30th Monthly Benefit is payable. Age 65 The date the 24th Monthly Benefit is payable. Age 66 The date the 21st Monthly Benefit is payable. Age 67 The date the 18th Monthly Benefit is payable. Age 68 The date the 15th Monthly Benefit is payable. Age 69 or older The date the 12th Monthly Benefit is payable. Initial Premium Rates $.30 per$100 of Covered Payroll Covered Payroll for an Employee will mean his or her Covered Earnings for the insurance month prior to the date the determination is made. However, an Employee's Covered Payroll will not include any part of his or her monthly Covered Earnings which exceed$10,499. 7 ELIGIBILITY FOR INSURANCE An Employee in one of the Classes of Eligible Employees shown in the Schedule of Benefits is eligible to be insured on the Policy Effective Date, or the day after he or she completes the Eligibility Waiting Period, if later. The Eligibility Waiting Period is the period of time the Employee must be in Active Service to be eligible for coverage. It will be extended by the number of days the Employee is not in Active Service. Except as noted in the Reinstatement Provision, if an Employee terminates coverage and later wishes to reapply, or if a former Employee is rehired, a new Eligibility Waiting Period must be satisfied. An Employee is not required to satisfy a new Eligibility Waiting Period if insurance ends because he or she is no longer in a Class of Eligible Employees, but continues to be employed and within one year becomes a member of an eligible class. TL00h]IO EFFECTIVE DATE OF INSURANCE An Employee will be insured on the date he or she becomes eligible, if the Employee is not required to contribute to the cost of this insurance. An Employee who is required to contribute to the cost of this insurance may elect to be insured only by authorizing payroll deduction in a form approved by the Employer and the Insurance Company. The effective date of this insurance depends on the date coverage is elected. Insurance for an Employee who applies for insurance within 31 days after he or she becomes eligible is effective on the latest of the following dates. 1. The Policy Effective Date. 2. The date payroll deduction is authorized. 3. The date the Insurance Company receives the Employee's completed enrollment form. If an Employee's enrollment form is received more than 31 days after he or she is eligible for this insurance,the Insurability Requirement must be satisfied before this insurance is effective. If approved, this insurance is effective on the date the Insurance Company agrees in writing to insure the Employee. If an Employee is not in Active Service on the date insurance would otherwise be effective, it will be effective on the date he or she returns to any occupation for the Employer on a Full-time basis. IL004712 TERMINATION OF INSURANCE An Employee's coverage will end on the earliest of the following dates: I. the date the Employee is eligible for coverage under a plan intended to replace this coverage; 2. the date the Policy is terminated; 3. the date the Employee is no longer in an eligible class; 4. the day after the end of the period for which premiums are paid; 5. the date the Employee is no longer in Active Service; 6. the date benefits end for failure to comply with the terms and conditions of the Policy. Disability Benefits will be payable to an Employee who is entitled to receive Disability Benefits when the Policy terminates, if he or she remains disabled and meets the requirements of the Policy. Any period of Disability, regardless of cause,that begins when the Employee is eligible under another group disability coverage provided by any employer, will not be covered. 11�001101 o0 CONTINUATION OF INSURANCE This Continuation of Insurance provision modifies the Termination of Insurance provision to allow insurance to continue under certain circumstances if the Insured Employee is no longer in Active Service. Insurance that is continued under this provision is subject to all other terms of the Termination of Insurance provisions. Disability Insurance continues if an Employee's Active Service ends due to a Disability for which benefits under the Policy are or may become payable. Premiums for the Employee will be waived white Disability Benefits are payable. If the Employee does not return to Active Service, this insurance ends when the Disability ends or when benefits are no longer payable, whichever occurs first. If an Employee's Active Service ends due to an approved leave pursuant to the Family and Medical Leave Act(FMLA), insurance will continue up to the later of the period of his or her approved FMLA leave or the leave period required by law in the state in which he or she is employed. Premiums are required for this coverage. If an Employee's Active Service ends due to any other leave of absence approved in writing by the Employer prior to the date the Employee ceases work, insurance will continue for an Employee for up to 12 months. Premiums are required for this coverage. An approved leave of absence does not include Furlough, Temporary Layoff or termination of employment. If an Employee's Active Service ends due to"Temporary Layoff, insurance will continue for an Employee until the end of the month in which the Temporary Layoff begins. Premiums are required for this coverage. If an Employee's Active Service ends due to any other excused short term absence from work that is reported to the Employer timely in accordance with the Employer's reporting requirements for such short tern absence, insurance for an Employee will continue until the earlier of: a, the date the Employee's employment relationship with the Employer terminates; b. the date premiums are not paid when due; c. the end of the 30 day period that begins with the first day of such excused absence; d. the end of the period for which such short term absence is excused by the Employer. Notwithstanding any other provision of this policy, if an Employee's Active Service ends due to layoff, termination of employment or any other termination of the employment relationship, insurance will terminate and Continuation of Insurance under this provision will not apply. If an Employee's insurance is continued pursuant to this Continuation of Insurance provision,and he or she becomes Disabled during such period of continuation, Disability Benefits will not begin until the later of the date the Elimination Period is satisfied or the date he or she is scheduled to return to Active Service. TL-009970 00 9 TAKEOVER PROVISION This provision applies only to Employees eligible under this Policy who were covered for long term disability coverage on the day prior to the effective date of this Policy under the Prior Plan provided by the Policyholder or by an entity that has been acquired by the Policyholder. A. This section A applies to Employees who are not in Active Service on the day prior to the effective date of this Policy due to a reason for which the Prior Plan and this Policy both provide for continuation of insurance. If required premium is paid when due, the Insurance Company will insure an Employee to which this section applies against a disability that occurs after the effective date of this Policy for the affected employee group. This coverage will be provided until the earlier of the date: (a)the employee returns to Active Service, (b)continuation of insurance under the Prior Plan would end but for termination of that plan; or(c)the date continuation of insurance under this Policy would end if computed from the first day the employee was not in Active Service. The Policy will provide this coverage as follows: l. If benefits for a disability are covered under the Prior Plan, no benefits are payable under this Plan. 2. If the disability is not a covered disability under the Prior Plan solely because the plan terminated, benefits payable under this Policy for that disability will be the lesser of: (a)the disability benefits that would have been payable under the Prior Plan; and(b)those provided by this Policy. Credit will be given for partial completion under the Prior Plan of Elimination Periods and partial satisfaction of pre-existing condition limitations. B. The Elimination Period under this Policy will be waived for a Disability which begins while the Employee is insured under this Policy if all of the fallowing conditions are met: I, The Disability results from the same or related causes as a Disability for which monthly benefits were payable under the Prior Plan; 2. Benefits are not payable for the Disability under the Prior Plan solely because it is not in effect; 3. An Elimination Period would not apply to the Disability if the Prior Plan had not ended; 4. The Disability begins within 6 months of the Employee's return to Active Service and the Employee's insurance under this Policy is continuous from this Policy's Effective Date. C. Except for any amount of benefit in excess of a Prior Plan's benefits, the Pre-existing Condition Limitation will not apply to an Employee covered under a Prior Plan who satisfied the pre-existing condition limitation, if any, under that plan. If an Employee, covered under a Prior Plan, did not fully satisfy the pre-existing condition limitation of that plan, credit will be given for any time that was satisfied under the Prior Plans pre-existing condition limitation. Benefits will be determined based on the lesser of: (1) the amount of the gross disability benefit under the Prior Plan and any applicable maximums; and(2)those provided by this Policy. If benefits are payable under the Prior Plan for the Disability,no benefits are payable Linder this Policy. "F1 0051CIS 10 DESCRIPTION OF BENEFITS The following provisions explain the benefits available under the Policy. Please see the Schedule of Benefits for the applicability of these benefits to each class of Insureds. Disability Benefits The Insurance Company will pay Disability Benefits if an Employee becomes Disabled while covered under this Policy. The Employee must satisfy the Elimination Period,be under the Appropriate Care of a Physician, and meet all the other terms and conditions of the Policy. He or she must provide the Insurance Company,at his or her own expense, satisfactory proof of Disability before benefits will be paid. The Disability Benefit is shown in the Schedule of Benefits. The Insurance Company will require continued proof of the Employee's Disability for benefits to continue. Elimination Period The Elimination Period is the period of time an Employee must be continuously Disabled before Disability Benefits are payable. The Elimination Period is shown in the Schedule of Benefits. A period of Disability is not continuous if separate periods of Disability result from unrelated causes. Disability Benefit Calculation The Disability Benefit Calculation is shown in the Schedule of Benefits. Monthly Disability Benefits are based on a 30 day period. They will be prorated if payable for any period less than a month. If an Employee is working while Disabled,the Disability Benefit Calculation will be the Return to Work Incentive. Return to Work Incentive The Return to Work Incentive is shown in the Schedule of Benefits. An Employee may work for wage or profit while Disabled. In any month in which the Employee works and a Disability Benefit is payable, the Return to Work Incentive applies. The Insurance Company will,from time to time, review the Employee's status and will require satisfactory proof of earnings and continued Disability. Minimum Benefit The Insurance Company will pay the Minimum Benefit shown in the Schedule of Benefits despite any reductions made for Other Income Benefits. The Minimum Benefit will not apply if benefits are being withheld to recover an overpayment of benefits. I1 Other Income Benefits An Employee for whom Disability Benefits are payable under this Policy may be eligible for benefits from Other Income Benefits. If so, the Insurance Company may reduce the Disability Benefits by the ' amount of such Other Income Benefits. i i Other Income Benefits include: I 1. any amounts received (or assumed to be received*) by the Employee or his or her dependents under: - the Canada and Quebec Pension Plans; - the Railroad Retirement Act; - any local, state, provincial or federal government disability or retirement plan or law payable for Injury or Sickness provided as a result of employment with the Employer; - any sick leave or salary continuation plan of the Employer; - any work loss provision in mandatory "No-Fault" auto insurance. 2. any Social Security disability or retirement benefits the Employee or any third party receives(or is assumed to receive*)on his or her own behalf or for his or her dependents; or which his or her dependents receive(or are assumed to receive*)because of his or her entitlement to such benefits. 3. any Retirement Plan benefits funded by the Employer. "Retirement Plan" means any defined benefit or defined contribution plan sponsored or funded by the Employer. It does not include an individual deferred compensation agreement; a profit sharing or any other retirement or savings plan maintained in addition to a defined benefit or other defined contribution pension plan, or any employee savings plan including a thrill, stock option or stock bonus plan, individual retirement account or 401(k)plan. 4, any proceeds payable under any franchise or group insurance or similar plan. If other insurance applies to the same claim for Disability, and contains the same or similar provision for reduction because of other insurance,the Insurance Company will pay for its pro rata share of the total claim. "Pro rata share" means the proportion of the total benefit that the amount payable under one policy, without other insurance, bears to the total benefits under all such policies. 5. any amounts received (or assumed to be received*) by the Employee or his or her dependents under any workers' compensation, occupational disease, unemployment compensation law or similar state or federal law payable for Injury or Sickness arising out of work with the Employer, including all pennanent and temporary disability benefits. This includes any damages, compromises or settlement paid in place of such benefits, whether or not liability is admitted. 6. any amounts paid because of loss of earnings or earning capacity through settlement,judgment, arbitration or otherwise, where a third party may be liable,regardless of whether liability is determined. Dependents include any person who receives(or is assumed to receive*) benefits under any applicable law because of an Employee's entitlement to benefits. *See the Assumed Receipt of Benefits provision. Inereases in Other Income Benefits Any increase in Other Income Benefits during a period of Disability due to a cost of living adjustment will not be considered in calculating the Employee's Disability Benefits after the first reduction is made for any Other Income Benefits. ]'his section does not apply to any cost of living adjustment for Disability Earnings. Lump Sum Payments Other Income Benefits or earnings paid in a lump sum will be prorated over the period for which the sum is given. If no time is stated,the lump sum will be prorated over five years. If no specific allocation of a lump sum payment is made, then the total payment will be an Other Income Benefit. 12 Assumed Receipt q1 Benefits The Insurance Company will assume the Employee (and his or her dependents, if applicable)are receiving benefits for which they are eligible from Other Income Benefits. The Insurance Company will reduce the Employee's Disability Benefits by the amount from Other Income Benefits it estimates are payable to the Employee and his or her dependents. The Insurance Company will waive Assumed Receipt of Benefits, except for Disability Earnings for work the Employee performs while Disability Benefits are payable, if the Employee: 1. provides satisfactory proof of application for Other Income Benefits; 2. signs a Reimbursement Agreement; 3. provides satisfactory proof that all appeals for Other Income Benefits have been made unless the Insurance Company determines that Further appeals are not likely to succeed; and 4. submits satisfactory proof that Other Income Benefits were denied. The Insurance Company will not assume receipt of any pension or retirement benefits that are actuarially reduced according to applicable law, until the Employee actually receives them. Social Security Assistance The Insurance Company may help the Employee in applying for Social Security Disability Income (SSDI) Benefits, and may require the Employee to file an appeal if it believes a reversal of a prior decision is possible. The Insurance Company will reduce Disability Benefits by the amount it estimates the Employee will receive, if the Employee refuses to cooperate with or participate in the Social Security Assistance Program. Recovery of Overpayment The Insurance Company has the right to recover any benefits it has overpaid. The Insurance Company may use any or all of the following to recover an overpayment: I. request a lump sum payment of the overpaid amount; 2. reduce any amounts payable under this Policy; and/or 3. take any appropriate collection activity available to it. The Minimum Disability Benefit amount will not apply when Disability Benefits are reduced in order to recover any overpayment. If an overpayment is due when the Employee dies,any benefits payable under the Policy will be reduced to recover the overpayment. 13 Successive Periods of Disability A separate period of Disability will be considered continuous: 1. if it results from the same or related causes as a prior Disability for which benefits were payable; and 2. if, after receiving Disability Benefits, the Employee returns to work in his or her Regular Occupation for less than 6 consecutive months; and 3. if the Employee earns less than the percentage of Indexed Earnings that would still qualify him or her to meet the definition of Disability/Disabled during at least one month. Any later period of Disability, regardless of cause, that begins when the Employee is eligible for coverage under another group disability plan provided by any employer will not be considered a continuous period of Disability. For any separate period of disability which is not considered continuous,the Employee must satisfy a new Elimination Period. LIMITATIONS Limited Benefit Periods for Mental or Nervous Disorders The Insurance Company will pay Disability Benefits on a limited basis during an Employee's lifetime for a Disability caused by, or contributed to by, any one or more of the following conditions. Once 24 monthly Disability Benefits have been paid,no further benefits will be payable for any of the following conditions. 1) Anxiety disorders 2) Delusional (paranoid)disorders 3) Depressive disorders 4) Eating disorders 5) Mental illness 6) Somatoform disorders (psychosomatic illness) If, before reaching his or her lifetime maximum benefit, an Employee is confined in a hospital for more than 14 consecutive days,that period of confinement will not count against his or her lifetime limit. The confinement must be for the Appropriate Care of any of the conditions listed above. Limited Benefit Periods for Alcoholism and Drug Addiction or Abuse The Insurance Company will pay Disability Benefits on a limited basis during an Employee's lifetime for a Disability caused by, or contributed to by, any one or more of the following conditions. Once 24 monthly Disability Benefits have been paid, no further benefits will be payable for any of the following conditions. I) Alcoholism 2) Drug addiction or abuse If, before reaching his or her lifetime maximum benefit, an Employee is confined in a hospital for more than 14 consecutive days, that period of confinement will not count against his or her lifetime limit. The confinement must be for the Appropriate Care of any of the conditions listed above. 14 Pre-Existing Condition Limitation The Insurance Company will not pay benefits for any period of Disability caused or contributed to by, or resulting from,a Pre-existing Condition. A "Pre-existing Condition" means any Injury or Sickness for which the Employee incurred expenses, received medical treatment, care or services including diagnostic measures,took prescribed drugs or medicines, or for which a reasonable person would have consulted a Physician within 3 months before his or her most recent effective date of insurance. The Pre-existing Condition Limitation will apply to any added benefits or increases in benefits. This limitation will not apply to a period of Disability that begins after an Employee is covered for at least 12 months after his or her most recent effective date of insurance, or the effective date of any added or increased benefits. -a-oorsao ao ADDITIONAL BENEFITS Rehabilitation During a Period of Disability Employee Benefit A Disabled Insured may be eligible to participate in a Rehabilitation Plan or may be participating in a program that he or she desires to have approved by the hisurance Company as a Rehabilitation Plan. If an Insured desires to participate in rehabilitation efforts or to have his or her program approved by the Insurance Company as a Rehabilitation Plan, he or she may request approval from the Insurance Company. The Insurance Company has the sole discretion to approve the Insured's participation in a Rehabilitation Plan and to approve a program as a Rehabilitation Plan. If, while an Insured is Disabled, the Insurance Company determines that he is a suitable candidate for rehabilitation he may participate in a Rehabilitation Plan. The terms and conditions of the Rehabilitation Plan must be mutually agreed upon by the Insured and the Insurance Company. The Rehabilitation Plan may, at the Insurance Company's discretion, allow for payment of the Insured's medical expense, education expense, moving expense, accommodation expense or family care expense while he participates in the program. A"Rehabilitation Plan" is a written agreement between the Insured and the Insurance Company in which we agree to provide, arrange or authorize vocational or physical rehabilitation services. 11005105 00 15 Catastrophic Disability Benefit Definitions The definitions that follow apply to this benefit provision. They are in addition to those definitions in the General Definitions section. "Activities of Daily Living"are: 1. Bathing(i.e., washing oneself in a shower or tub, including getting into or out of the tub or shower, or washing oneself by sponge bath.) 2. Dressing oneself by putting on and taking off from one's own body all items of clothing and needed braces, fasteners and artificial limbs. 3. Continence(i.e.,the ability to maintain control of one's own bowel and bladder function; or when unable to maintain bowel or bladder function, the ability to perform associated hygiene, including caring for a catheter or colostomy bag). 4. Toileting oneself by getting to and from the toilet, getting on and off the toilet,and performing personal hygiene associated with toileting. 5. Feeding oneself by getting nourishment into the one's own body either from eating food that is made available to you in receptacle such as a plate, cup or table, or by feeding oneself by a feeding tube or intravenously. 6. Transferring(i.e.,the ability to get oneself into or out of a bed, a chair or wheelchair; or the ability to move from place to place either by walking, use of a wheelchair, or some other means. "Catastrophic Disability"means the Employee is: 1. Unable to perform, without Substantial Assistance, at least two Activities of Daily Living, or 2. Has a severe Cognitive Impairment that requires Substantial Supervision to protect the Employee or others from threats to health and safety. "Cognitive Impairment"means the loss or deterioration in intellectual capacity that meets these requirements: I. The loss or deterioration in intellectual capacity is comparable to and includes Alzheimer's disease and similar forms of irreversible dementia; 2. The loss or deterioration in intellectual capacity is measured by clinical evidence and standardized tests that reliably measure impairment in the individual's short-term and long-term memory, orientation as to person, place, or time and deductive or abstract reasoning. "Substantial Assistance" means the physical assistance of another person without which the Employee would not be able to perform an activity of daily living; or the constant presence of another person within arm's reach that is necessary to prevent, by physical intervention, injury to the Employee while the Employee is performing an activity of daily living. "Substantial Supervision"means continual oversight that may include cueing by verbal prompting, gestures, or other demonstrations by another person, and which is needed to protect the Employee from threats to health and safety. 16 Benefits Payable Catastrophic Disability Benefits are payable when the Insurer determines that the Employee has a Catastrophic Disability that is due to the same sickness or injury for which Disability Benefits are payable under this Policy. The benefits are payable only while these conditions are met: 1. The Employee is receiving monthly Disability Benefits tinder the Policy. 2. The Employee's Catastrophic Disability lasted for at least the Elimination Period duration shown in the Schedule of Benefits. 3. The Employee submits, at his/her own expense, satisfactory proof of Catastrophic Disability to the Insurer, when required by the Insurer. Amount Payable Benefits are payable monthly at the Catastrophic Disability Rate as shown in the Schedule of Benefits. This benefit will not be reduced by any other source of income. For periods of less than one month,the Insurer will pay 1/30`h of the monthly benefit for Catastrophic Disability for each day. Termination ofBenejas Catastrophic Disability Benefits end on the earliest to occur of: 1. the date the Employee's Catastrophic Disability ends.; 2. the date the Employee is no longer receiving monthly disability benefits under the Policy; 3. the date the Employee fails to submit proof of continuing Catastrophic Disability; or 4. the date the Employee dies. 5. the end of the Maximum Benefit Period shown in the Schedule of Benefits. No survivor benefits are payable for the Catastrophic Disability Benefit. '[[1ON995-1 Conversion Privilege for Disability Insurance Benefits If an Employee's insurance ends because employment with the Employer ends, or an Employee is laid off or on an uninsured leave of absence,he or she may be eligible for conversion insurance. To be eligible, an Employee must have been insured for Disability Benefits and actively at work for at least 12 straight months. An Employee must apply for conversion insurance within 62 days after insurance under this Policy ends or within 31 days of the date notice is given to apply for a converted policy or certificate, whichever is later. In no event will the conversion period be extended beyond 105 days from the date insurance ends. The benefits of the conversion plan will be those benefits offered at the time the Employee applies. The premium will be based on the rates in effect for conversion plans at that time. Conversion insurance is not available if any of the following conditions apply: 1. the Employee is retired or age 70 or older; 2. the Employee is not in Active Service because of Disability; 3. the Policy is canceled for any reason; 4. the Employee is no longer in a Class of Eligible Employees,but is still employed by the Employer. "[L-009961.OU 17 Survivor Benefit The Insurance Company will pay a Survivor Benefit if an Employee dies while Monthly Benefits are payable. The Employee must have been continuously Disabled before the first benefit is payable. These benefits will be payable for the Maximum Benefit Period for Survivor Benefits. Benefits will be paid to the Employee's Spouse. If there is no Spouse, benefits will be paid in equal shares to the Employee's surviving Children. If there are no Spouse and no Children, benefits will be paid to the Employee's estate. "Spouse" means an Employee's lawfid spouse. "Children" means an Employee's children under age 26 who are chiefly dependent upon the Employee for support and maintenance. The term includes a stepchild living with the Employee at the time of his or her death. "I L-005107 TERMINATION OF DISABILITY BENEFITS Benefits will end on the earliest of the following dates: 1. the date the Insurance Company determines he or she is not Disabled; 2. the end of the Maximum Benefit Period; 3. the date the Employee dies; 4. the date the Employee is no longer receiving Appropriate Care; 5. the date the Employee fails to cooperate with the Insurance Company in the administration of the claim. Such cooperation includes, but is not limited to, providing any information or documents needed to determine whether benefits are payable or the actual benefit amount due. 'I L-OW502 00 EXCLUSIONS The Insurance Company will not pay any Disability Benefits for a Disability that results,directly or indirectly, from: I, suicide,attempted suicide, or self-inflicted injury while sane or insane. 2, war or any act of war, whether or not declared. 3. active participation in a riot. 4. commission of a felony. 5. the revocation,restriction or non-renewal of an Employee's license, permit or certification necessary to perform the duties of his or her occupation unless due solely to Injury or Sickness otherwise covered by the Policy. In addition,the Insurance Company will not pay Disability Benefits for any period of Disability during which the Employee is incarcerated in a penal or correctional institution. 18 CLAIM PROVISIONS Notice of Claim Written notice, or notice by any other electronic/telephonic means authorized by the Insurance Company, must be given to the Insurance Company within 31 days after a covered loss occurs or begins or as soon as reasonably possible. If written notice, or notice by any other electronic/telephonic means authorized by the Insurance Company, is not given in that time, the claim will not be invalidated or reduced if it is shown that notice was given as soon as was reasonably possible. Notice can be given at our home office in Philadelphia, Pennsylvania or to our agent. Notice should include the Employer's Name, the Policy Number and the claimant's name and address. Claim Forms When the Insurance Company receives notice of claim, the Insurance Company will send claim forms for filing proof of loss. If claim forms are not sent within 15 days after notice is received by the Insurance Company,the proof requirements will be met by submitting, within the time required under the"Proof of Loss" section, written proof, or proof by any other electronic/telephonic means authorized by the Insurance Company, of the nature and extent of the loss. Claimant Cooperation Provision Failure of a claimant to cooperate with the Insurance Company in the administration of the claim may result in termination of the claim. Such cooperation includes, but is not limited to, providing any information or documents needed to determine whether benefits are payable or the actual benefit amount due. Insurance Data The Employer is required to cooperate with the Insurance Company in the review of claims and applications for coverage. Any information the Insurance Company provides in these areas is confidential and may not be used or released by the Employer if not permitted by applicable privacy laws. Proof of Loss Written proof of loss, or proof by any other electronic/telephonic means authorized by the Insurance Company, must be given to the Insurance Company within 90 days after the date of the loss for which a claim is made. If written proof of loss, or proof by any other electronic/telephonic means authorized by the Insurance Company, is not given in that 90 day period,the claim will not be invalidated nor reduced if it is shown that it was given as soon as was reasonably possible. In any case, written proof of loss, or proof by any other electronic/telephonic means authorized by the Insurance Company, must be given not more than one year after that 90 day period. If written proof of loss, or proof by any other electronic/telephonic means authorized by the Insurance Company, is provided outside of these time limits, the claim will be denied. These time limits will not apply while the person making the claim lacks legal capacity. Written proof,or proof by any other electronic/telephonic means authorized by the Insurance Company, that the loss continues must be furnished to the Insurance Company at intervals required by us. Within 30 days of a request, written proof of continued Disability and Appropriate Care by a Physician must be given to the Insurance Company. Time of Payment Disability Benefits will be paid at regular intervals of not less frequently than once a month. Any balance, unpaid at the end of any period for which the Insurance Company is liable, will be paid at that time. 19 To Whom Payable Disability Benefits will be paid to the Employee. if any person to whom benefits are payable is a minor or, in the opinion of the Insurance Company, is not able to give a valid receipt, such payment will be made to his or her legal guardian. However,if no request for payment has been made by the legal guardian,the Insurance Company may, at its option. make payment to the person or institution appearing to have assumed custody and support. If an Employee dies while any Disability Benefits remain unpaid, the Insurance Company may,at its option, make direct payment to any of the following living relatives of the Employee: spouse, mother, father, children, brothers or sisters; or to the executors or administrators of the Employee's estate. The Insurance Company may reduce the amount payable by any indebtedness due. Payment in the manner described above will release the Insurance Company from all liability for any payment made. Physical Examination and Autopsy The Insurance Company, at its expense, will have the right to examine any person for whom a claim is pending as often as it may reasonably require. The Insurance Company may, at its expense, require an autopsy unless prohibited by law. Legal Actions No action at law or in equity may be brought to recover benefits under the Policy less than 60 days after written proof of loss, or proof by any other electronic/telephonic means authorized by the Insurance Company, has been furnished as required by the Policy. No such action shall be brought more than 3 years after the time satisfactory proof of loss is required to be furnished. Time Limitations If any time limit stated in the Policy for giving notice of claim or proof of loss, or for bringing any action at law or in equity, is less than that permitted by the law of the state in which the Employee lives when the Policy is issued, then the time limit provided in the Policy is extended to agree with the minimum permitted by the law of that state. Physician/Patient Relationship The Insured will have the right to choose any Physician who is practicing legally. The Insurance Company will in no way disturb the Physician/patient relationship. TLD047i 4 20 ADMINISTRATIVE PROVISIONS Premiums The premiums for this Policy will be based on the rates currently in force,the plan and the amount of insurance in effect. Changes in Premium Rates The premium rates may be changed by the Insurance Company from time to time with at least 31 days advance written notice. No change in rates will be made until 36 months after the Effective Date. An increase in rates will not be made more often than once in a 12 month period. However,the Insurance Company reserves the right to change the rates even during a period for which the rate is guaranteed, if any of the following events take place. l. The Policy terms change. 2. A division,subsidiary,eligible company, or class is added or deleted. 3. There is a change of more than 10%in the number of Insureds. 4. Federal or state laws or regulation affecting benefit obligations change. 5. Other changes occur in the nature of the risk that would affect the Insurance Company's original risk assessment. 6. The Insurance Company determines the Employer fails to furnish necessary information. If an increase or decrease in rates takes place on a date that is not a Premium Due Date, a pro rata adjustment will apply from the date of the change to the next Premium Due Date. Reporting Requirements The Employer must, upon request, give the Insurance Company any information required to determine who is insured,the amount of insurance in force and any other information needed to administer the plan of insurance. Payment of Premium The first premium is due on the Policy Effective Date. After that,premiums will be due monthly unless the Employer and the Insurance Company agree on some other method of premium payment. If any premium is not paid when due,the plan will be canceled as of the Premium Due Date, except as provided in the Policy Grace Period section. Notice Of Cancellation The Employer or the Insurance Company may cancel the policy as of any Premium Due Date by giving 31 days advance written notice. If a premium is not paid when due, the Policy will automatically be canceled as of the Premium Due Date,except as provided in the Policy Grace Period section. Policy Grace Period A Policy Grace Period of 31 days will be granted for the payment of the required premiums under this Policy. This Policy will be in force during the Policy Grace Period. The Employer is liable to the Insurance Company for any unpaid premium for the time this Policy was in force. Grace Period for the Insured If the required premium is not paid on the Premium Due Date,there is a 31 day grace period after each premium due date after the first. If the required premium is not paid during the grace period, insurance will end on the last day for which premium was paid. 21 Reinstatement of Insurance An Employee's insurance may be reinstated if it ends because he or she is on an unpaid leave of absence. If an Employee's Active Service ended due to an approved leave pursuant to the Family and Medical Leave Act(FMLA)and Continuation of Insurance is not applicable, an Employee's insurance may be reinstated at the conclusion of the FMLA leave. If an Employee's Active Service ends due to an Employer approved unpaid leave of absence, other than an approved FMLA leave, insurance may be reinstated only: 1. If the reinstatement occurs within 12 weeks from the date insurance ends, or 2. When returning from military service pursuant to the Uniformed Services Employment Act of 1994(USERRA). For insurance to be reinstated the following conditions must be met: 1. An Employee must be in a Class of Eligible Employees, 2. The required premium must be paid. 3. The Insurance Company must receive a written request for reinstatement within 31 days from the date an Employee returns to Active Service. Reinstated insurance will be effective on the date the Employee returns to Active Service. If an Employee did not fully satisfy the Eligibility Waiting Period or the Pre-Existing Condition Limitation(if any) before insurance ended due to an unpaid leave of absence, credit will be given for any time that was satisfied. II noeyenan GENERAL PROVISIONS Entire Contract The entire contract will be made up of the Policy, the application of the Employer, a copy of which is attached to the Policy, and the applications, if any, of the Insureds. Incontestability All statements made by the Employer or by an Insured are representations not warranties. No statement will be used to deny or reduce benefits or as a defense to a claim, unless a copy of the instrument containing the statement has been furnished to the claimant. In the event of death or legal incapacity, the beneficiary or representative must receive the copy. After two years from an Insured's effective date of insurance, or from the effective date of any added or increased benefits, no such statement will cause insurance to be contested. Misstatement of Age If an Insured's age has been misstated,the Insurance Company will adjust all benefits to the amounts that would have been purchased for the correct age. Policy Changes No change in the Policy will be valid until approved by an executive officer of the Insurance Company. This approval must be endorsed on, or attached to,the Policy. No agent may change the Policy or waive any of its provisions. Workers' Compensation Insurance The Policy is not in lieu of and does not affect any requirements for insurance under any Workers' Compensation Insurance Law. 22 Certificates A certificate of insurance will be delivered to the Employer for delivery to Insureds. Each certificate will list the benefits, conditions and limits of the Policy. It will state to whom benefits will be paid. Assignment of Benefits The Insurance Company will not be affected by the assignment of an Insured's certificate until the original assignment or a certified copy of the assignment is filed with the Insurance Company. The Insurance Company will not be responsible for the validity or sufficiency of an assignment. An assignment of benefits will operate so long as the assignment remains in force provided insurance under the Policy is in effect. This insurance may not be levied on, attached, garnisheed,or otherwise taken for a person's debts. This prohibition does not apply where contrary to law. Clerical Error A person's insurance will not be affected by error or delay in keeping records of insurance under the Policy. If such an error is found, the premium will be adjusted fairly. Agency The Employer and Plan Administrator are agents of the Employee for transactions relating to insurance under the Policy. The Insurance Company is not liable for any of their acts or omissions. Ownership of Records All records maintained by the Insurance Company are, and shall remain,the property of the Insurance Company. 'I L 004726(WA) Certain Internal Revenue Code(IRC) & Internal Revenue Service(IRS) Functions (Applicable to Class 2 only) The Insurer may agree with the Policyholder to perform certain functions required by the Internal Revenue Code and IRS regulations. Such functions may include the preparation and filing of wage and tax statements (Form W-2) for disability benefit payments made under this Policy. In consideration of the payment of premiums by the Policyholder,the Insurer waives the right to transfer liability with respect to the employer taxes imposed on the Insurer by IRS Regulation 32.1(e)(1) for monthly Disability payments made under this Policy. Employee money may not be used to fund the Premium for the services and payments of this section. HZ00921000 23 DEFINITIONS Please note, certain words used in this document have specific meanings. These terms will be capitalized throughout this document. The definition of any word, if not defined in the text where it is used,may be found either in this Definitions section or in the Schedule of Benefits. Active Service An Employee is in Active Service on a day which is one of the Employer's scheduled work days if either of the following conditions are met. 1. The Employee is performing his or her regular occupation for the Employer on a full-time basis. He or she must be working at one of the Employer's usual places of business or at some location to which the employer's business requires an Employee to travel. 2„ The day is a scheduled holiday or vacation day and the Employee was performing his or her regular occupation on the preceding scheduled work day. An Employee is in Active Service on a day which is not one of the Employer's scheduled work days only if he or she was in Active Service on the preceding scheduled work day. Appropriate Care Appropriate Care means the Employee: 1. Has received treatment, care and advice from a Physician who is qualified and experienced in the diagnosis and treatment of the conditions causing Disability. If the condition is of a nature or severity that it is customarily treated by a recognized medical specialty,the Physician is a practitioner in that specialty. 2. Continues to receive such treatment, care or advice as often as is required for treatment of the conditions causing Disability. 3. Adheres to the treatment plan prescribed by the Physician, including the taking of medications. Consumer Price Index(CPI-W) The Consumer Price Index for Urban Wage Earners and Clerical Workers published by the U.S. Department of Labor. If the index is discontinued or changed, another nationally published index that is comparable to the CPI-W will be used. Disability Earnings Any wage or salary for any work performed for any employer during the Employee's Disability, including commissions, bonus,overtime pay or other extra compensation. Employee For eligibility purposes, an Employee is an employee of the Employer in one of the "Classes of Eligible Employees." Otherwise, Employee means an employee of the Employer who is insured under the Policy. Employer The Policyholder and any affiliates or subsidiaries covered under the Policy. The Employer is acting as an agent of the Insured for transactions relating to this insurance. The actions of the Employer shall not be considered the actions of the Insurance Company. Full-time Full-time means the number of hours set by the Employer as a regular work day for Employees in the Employee's eligibility class. Furlough Furlough means a temporary suspension or alteration of Active Service initiated by the Employer, for a period of time specified in advance not to exceed 30 days at a time. 24 Good Cause A medical reason preventing participation in the Rehabilitation Plan. Satisfactory proof of Good Cause must be provided to the Insurance Company. Indexed Earnings For the first 12 months Monthly Benefits are payable, Indexed Earnings will be equal to Covered Earnings. After 12 Monthly Benefits are payable, Indexed Earnings will be an Employee's Covered Earnings plus an increase applied on each anniversary of the date Monthly Benefits became payable. The amount of each increase will be the lesser of: I. 10%of the Employee's Indexed Earnings during the preceding year of Disability; or 2. the rate of increase in the Consumer Price Index(CPI-W)during the preceding calendar year. Injury Any accidental loss or bodily harm which results directly and independently of all other causes from an Accident. Insurability Requirement An eligible person will satisfy the Insurability Requirement for an amount of coverage on the day the Insurance Company agrees in writing to accept him or her as insured for that amount. To determine a person's acceptability for coverage, the Insurance Company will require evidence of good health and may require it be provided at the Employee's expense. Insurance Company The Insurance Company underwriting the Policy is named on the Policy cover page. Insured A person who is eligible for insurance under the Policy,for whom insurance is elected, the required premium is paid and coverage is in force under the Policy. Physician Physician means a licensed doctor practicing within the scope of his or her license and rendering care and treatment to an Insured that is appropriate for the condition and locality. The term does not include an Employee, an Employee's spouse, the immediate family(including parents, children, siblings or spouses of any of the foregoing, whether the relationship derives from blood or marriage), of an Employee or spouse, or a person living in an Employee's household. Prior Plan The Prior Plan refers to the plan of insurance providing similar benefits sponsored by the Employer in effect directly prior to the Policy Effective Date. A Prior Plan will include the plan of a company in effect on the day prior to that company's addition to this Policy after the Policy Effective Date. Regular Occupation The occupation the Employee routinely performs at the time the Disability begins. In evaluating the Disability, the Insurance Company will consider the duties of the occupation as it is normally performed in the general labor market in the national economy. It is not work tasks that are performed for a specific employer or at a specific location. 25 Rehabilitation Plan A written plan designed to enable the Employee to return to work. The Rehabilitation Plan will consist of one or more of the following phases: I. rehabilitation, under which the Insurance Company may provide, arrange or authorize educational, vocational or physical rehabilitation or other appropriate services; 2. work, which may include modified work and work on a part-time basis. Sickness Any physical or mental illness, Temporary Layoff Temporary Layoff means a temporary suspension of Active Service for a period of time determined in advance by the Employer,other than a Furlough as defined. Temporary Layoff does not include the permanent termination of Active Service(including but not limited to a job elimination), which shall be treated as termination of employment. IL 00 MOO oa as R,adfflmd try HAOVsao 26 AMENDATORY RIDER DOMESTIC PARTNER/CIVIL UNION PARTNER COVERAGE Policy No. LK-965532 Effective Date: .January 1, 2018 This rider amends the Policy and Certificate to which it is attached. It is effective on the Effective Date shown above, and expires when the Policy expires. A. Domestic Partner/Civil Union Partner means any of the following: 1. A person with whom the Employee has a registered civil union or domestic partnership Linder state law which imposes legal obligations on the parties substantially similar to marriage. Such person will continue to be recognized as a Domestic Partner or Civil Union Partner unless and until: (1)the civil union or domestic partnership is dissolved under applicable law; or(2)either the Employee or the Domestic Partner/Civil Union Partner marries another person. B. The Survivor Benefit is modified in the Policy and Certificate as follows: 1. All references to the term"Spouse"are replaced by "Spouse or Domestic Partner/Civil Union Partner" except for the following references: a. The first reference to "Spouse" in the Survivor Benefit text is changed to "Spouse, or Domestic Partner/Civil Union Partner" if there is no Spouse". b. The text pertaining to the definition of"Spouse" remains unchanged. C. Survivor benefits will be payable as follows: (1)to the Employee's spouse or Domestic Partner/Civil Union Partner; (2) if there is none, in equal shares to the Employee's surviving Children; or(3) if there is none, to the Employee's estate. D. A child of a Domestic Partner/Civil Union Partner may only be eligible for benefits if. a. the child is primarily dependent on the Employee for financial support; b. the Employee has a legal obligation of support of the child; or C. the Employee is the child's legal guardian. Except for the above this rider does not change the Policy or Certificate to which it is attached. LIFE INSURANCE COMPANY OF NORTH AMERICA Matthew G. Manders, President TL-007153 27 IMPORTANT CHANGES FOR STATE REQUIREMENTS If an Employee resides in one of the following states, the provisions of the certificate are modified for residents of the following states. The modifications listed apply only to residents of that state. California residents: If the Policy provides coverage/benefits to a Spouse, a Domestic Partner will be afforded the same coverage/benefits provided to a Spouse. 1. Domestic Partner means any of the following: A person with whom the Employee has a registered domestic partnership under state law which imposes legal obligations on the parties substantially similar to marriage. Such person will continue to be recognized as a Domestic Partner unless and until: (1)the domestic partnership is dissolved under applicable law; or(2) either the Employee or the Domestic Partner marries another person. 2. All references in the policy to"Spouse"shall be changed to read"Spouse and Domestic Partner" except as follows: 1, A Domestic Partner shall be deemed eligible to be enrolled for insurance or eligible for Additional Benefits on the latest of: a. the date of registration under Item 1 of the definition of Domestic Partner; b. the date that the Employee is eligible for insurance under the Policy; or; c. the effective date of the Rider. 3. The Spouse Rehabilitation Benefit and Survivor Benefit(if any)are modified in the Policy and Certificate as follows: 1. All references to the tern"Spouse"are replaced by "Spouse or Domestic Partner" except for the following references: a. The first reference to"Spouse"in the Survivor Benefit text is changed to"Spouse or Domestic Partner" if there is no Spouse". b. The text pertaining to the definition of"Spouse" remains unchanged. 4. Survivor benefits(if any)will be payable as follows: (1)to the Employee's spouse or Domestic Partner; (2) if there is none, in equal shares to the Employee's surviving Children; or(3) if there is none, to the Employee's estate. 5. A child of a Domestic Partner may only be eligible for benefits if: a. the child is primarily dependent on the Employee for financial support; b. the Employee has a legal obligation of support of the child; or c. the Employee is the child's legal guardian. Louisiana residents: The percentage of Indexed Earnings, if any,that qualifies an insured to meet the definition of Disability/Disabled may not be less than 80%. 28 Massachusetts residents: Continuation of Insurance after leaving the group If an Employee leaves the group covered under the Policy, insurance for such Employee will be continued until the earliest of the following dates: I. 31 days from the date the Employee leaves the group; 2. The date the Employee becomes eligible for similar benefits. Continuation of Insurance due to a Plant Closing or Partial Closing If an Employee leaves the group due to termination of employment resulting from a Plant Closing or Partial Closing, insurance for such Employee will be continued until the earliest of the following dates: 1. 90 days from the date of the Plant Closing or Partial Closing; 2. The date the Employee becomes eligible for similar benefits. Definitions: For purposes of this provision: Plant Closing means a permanent cessation or reduction of business at a facility which results or will result as determined by the director in the permanent separation of at least 90%of the employees of said facility within a period of six months prior to the date of certification or with such other period as the director shall prescribe, provided that such period shall fall within the six month period prior to the date of certification. Partial Closing means a permanent cessation of a major discrete portion of the business conducted at a facility which results in the termination of a significant number of the employees of said facility and which affects workers and communities in a manner similar to that of Plant Closings. Minnesota residents: The Pre-existing Condition Limitation, if any, may not be longer than 24 months from the insured's most recent effective date of insurance. Oregon residents: If the Policy provides coverage/benefits to a Spouse, a Domestic Partner will be afforded the same coverage/benefits provided to a Spouse. 1. Domestic Partner means any of the following: A person with whom the Employee has a registered domestic partnership under state law which imposes legal obligations on the parties substantially similar to marriage. Such person will continue to be recognized as a Domestic Partner unless and until: (1)the domestic partnership is dissolved under applicable law; or(2)either the Employee or the Domestic Partner marries another person. 2. All references in the policy to"Spouse"shall be changed to read "Spouse and Domestic Partner" except as follows: 1. A Domestic Partner shall be deemed eligible to be enrolled for insurance or eligible for Additional Benefits on the latest of: a. the date of registration under Item 1 of the definition of Domestic Partner; b. the date that the Employee is eligible for insurance under the Policy; or; c. the effective date of the Rider. 29 3. The Spouse Rehabilitation Benefit and Survivor Benefit(if any)are modified in the Policy and Certificate as follows: 1. All references to the term"Spouse" are replaced by "Spouse or Domestic Partner"except for the following references: a. The first reference to"Spouse" in the Survivor Benefit text is changed to"Spouse or Domestic Partner" if there is no Spouse". b. The text pertaining to the definition of"Spouse" remains unchanged. 4. Survivor benefits(if any)will be payable as follows: (1)to the Employee's spouse or Domestic Partner; (2) if there is none, in equal shares to the Employee's surviving Children; or(3)if there is none,to the Employee's estate. 5. A child of a Domestic Partner may only be eligible for benefits if: a. the child is primarily dependent on the Employee for financial support; b. the Employee has a legal obligation of support of the child; or c. the Employee is the child's legal guardian. Texas residents: Any provision offsetting or otherwise reducing any benefit by an amount payable under an individual or franchise policy will not apply. 30 LIFE INSURANCE COMPANY OF NORTH AMERICA PHILADELPHIA,PA 19192-2235 We,City of Kent, whose main office address is Kent, WA,hereby approve and accept the terms of Group Policy Number LK-965532 issued by the LIFE INSURANCE COMPANY OF NORTH AMERICA. We acknowledge that benefits will be provided in accordance with the terms and provisions of the policy,which will be the sole contract under which benefits are paid. This application is to be signed. �I y Signature.: l f Date L..�'�....... ..... ...U�. Title: t_. ..... ... City of Kent TL-004778 �.✓� Jig � O T Agenda Item: Consent Calendar - 7H TO: City Council DATE: November 21, 2017 SUBJECT: Contract Renewals for Medical, Dental, Vision, Basic Life, Voluntary Life, and Long Term Disability Insurance - Authorize MOTION: Authorize the Mayor to approve renewal of the City's contracts for medical, vision, and dental benefits with Premera, Vision Service Plan (VSP), and Delta Dental for three years, and Kaiser Permanente (formerly Group Health) for one year, and to approve switching from Standard Insurance to Cigna for a new 3-year contract for Basic Life, Voluntary Life, and Long Term Disability insurance, subject to approval of final terms and conditions by the Human Resources Director and the City Attorney. SUMMARY: The City of Kent contracts with Premera Blue Cross, Delta Dental of Washington and Vision Service Plan, to be third party administrators to process medical, dental, and vision claims, and provide access to their networks of doctors, hospitals, dentists, optometrists and ophthalmologists. The City is self-insured for these programs and wires funds to cover the weekly claims cost for medical, prescription, dental, and vision expenses. The City also contracts with Kaiser Permanente for the City's insured health maintenance organization. After conducting separate request for proposal processes for each of these services, staff recommends renewal of these contracts with the current vendors. After holding a request for proposal process, and discussions with the City's Healthcare Board, staff recommends a move from our current vendor for long-term disability services and basic life, AD&D and voluntary life insurance to Cigna. Although all core contract terms have been resolved with these providers, the City and the providers are still in the process of winding up final contract language. These vendors also have their own lengthy internal approval process, so authorization is sought now to get approval for next year's budget cycle. EXHIBITS: Memo to the Operations Committee RECOMMENDED BY: Operations Committee YEA: Boyce, Ralph, Thomas NAY: N/A BUDGET IMPACTS: Premera - $1,345,000 for a three year contract; Delta Dental - $165,330 for a three year contract; Vision Service Plan - $56,100 for a three year contract; Kaiser Permanente - $420,000 for a one year contract; and Cigna - $705,000 for a three year contract. This page intentionally left blank. �I HUMAN RESOURCES DEPARTMENT F4ENT Marty Fisher, Director Phone: 253-856-5270 Fax: 253-856-6270 Address: 400 West Gowe Kent, WA 98032-5895 DATE: November 7, 2017 TO: Operations Committee FROM: Laura Horea, HR Benefits Manager SUBJECT: Medical, Dental, Vision, Basic Life, Voluntary Life, and Long Term Disability Insurance Vendor Contracts SUMMARY: The Benefits Division of the Human Resources Department conducted separate Request for Proposal processes for 1) Medical, dental, and vision insurance, and 2) Basic Life and Accidental Death & Dismemberment (AD&D), Voluntary Life and Long Term Disability insurance between April and August 2017. All bids were reviewed by the Human Resources Director, the Benefits Manager, and discussed with members of the City's Healthcare Board. Medical, dental, and vision insurance bids were received from Premera, Aetna, HMA, Regence, Kaiser Permanente (formerly Group Health), Delta Dental, and Vision Service Plan (VSP). United Healthcare declined participation. Our current providers, Premera, Delta Dental, and VSP are recommended to renew for additional three-year contracts and Kaiser Permanente for a one-year renewal, based on the strength of their plans, overall costs, customer service, discounts, and overall administration and billing accuracy. Basic Life and AD&D, Voluntary Life and Long Term Disability insurance bids were received from our current vendor, Standard Insurance, and also from Cigna and Mutual of Omaha. The recommendation is to move from our current vendor, Standard Insurance, to Cigna for long-term disability services, basic life insurance, AD&D, and employee and dependent voluntary life insurance for the following reasons: • Savings of approximately $100k per year in each of the three years of the proposed new contract; and • Increase in employee basic life insurance coverage from 1 x salary up to $50,000 to 1 x salary up to $150,000. Employees will have the opportunity to purchase additional voluntary life insurance for themselves and their family members at a significantly lower rate than is available through Standard. Staff has received excellent feedback regarding Cigna from current customers about their billing accuracy, systems, overall administration, and customer service. Locally the City of Kirkland just moved to Cigna for these services. All other contract features are identical to our current offering from Standard. I REQUEST FOR MAYOR'S SIGNATURE *+ KtNT Print on Cherry-Colored Paper Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Approved by Director_ Originator: Laura Horea Phone (Originator): 253.856.5290 Date Sent: 4/16/18 Date Required: 4/19/18 Return Signed Document to: Laura Horea Contract Termination Date: 12/31/2020 VENDOR NAME: Date Finance Notified: CIGNA (Only required on contracts 09/28/17 $20,000 and over or on any Grant) DATE OF COUNCIL APPROVAL: 11/21/17 Date Risk Manager Notified:09/28/17 (Required on Non City Standard Contracts/Agreements) Has this Document been Specificall Account Number: Authorized in the Budget? YES NO ................a_ Brief Explanation of Document: CIGNA contract - covers Basic Life, Basic AD&D, Voluntary Life and Long Term Disability -- EC B Received: �1f'�' Routed Through The Law Department s area to be completed by th aw Department) � � � � � , f � �� � �p Approval of Law Dept,: t f( Law De et. Comments: Date Forw2 q': Shaded Areas To Be Comp 1eted, iofstraition Sta f f` Received: and r, f�x' � Recommendations and Comments: os .Disposition) per y p `Date Returned: - ry e, wmm ocmmmn mFuae 9F my^.ww Amm iv.wem