Allied Universal Health and Welfare Plan SPD 2022
Allied Universal Health and Welfare Plan SPD 2022
Allied Universal Health and Welfare Plan SPD 2022
ALLIED UNIVERSAL
HEALTH AND WELFARE BENEFIT PLAN
AND
SUMMARY PLAN DESCRIPTION
Effective January 1, 2022 with changes through January 1, 2023
* * * IMPORTANT * * *
Please read this Summary Plan Description in its entirety.
This document, together with any booklets or other descriptive material you have
received from your Participating Employer, describes benefits available under the Plan
and summarizes situations in which those benefits may be reduced, delayed, forfeited,
or denied, as well as your rights and responsibilities and the procedures and deadlines
for filing a claim or appeal and taking legal action against the Plan and its fiduciaries.
If you cannot find answers to your questions in this booklet or any booklets or
other descriptive material you have received or want more information about the
Plan, please contact the Benefits Department at 1-888-670-7106 or
benefits@aus.com or the Claims Administrator listed in this document.
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TABLE OF CONTENTS
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INTRODUCTION ............................................................................................................ 1
ELIGIBILITY AND PARTICIPATION .............................................................................. 1
Eligible Employees. ............................................................................................. 1
Initial Eligibility and Waiting Periods. ................................................................... 2
Administrative Employees ..................................................................... 2
Service Professionals............................................................................. 2
Boon Group Employees ......................................................................... 2
Grandfathered Employees ..................................................................... 3
Leaves of Absence ................................................................................. 3
Recommencement of Participation for Rehires ................................... 3
Failure to Pay for Your Benefits ............................................................ 4
Transferring Employees ......................................................................... 4
Promoted Employees ............................................................................. 4
Ineligible Employees .............................................................................. 4
Eligible Dependents............................................................................................. 5
CESSATION OF PARTICIPATION ................................................................................ 5
PARTICIPATION AND COST OF THE PLAN ................................................................ 6
Participation ............................................................................................ 6
Failure to Make an Election.................................................................... 6
Cost of Plan ............................................................................................. 7
COVERAGE OPTIONS AND ENROLLMENT ................................................................ 9
CHANGE IN STATUS RULES ....................................................................................... 9
Legal marital status .............................................................................. 10
Number of dependents ......................................................................... 10
Employment status ............................................................................... 10
Reduction of Hours During Plan Year ................................................. 10
Dependent satisfies or ceases to satisfy the requirements for
dependents............................................................................................ 10
Residence .............................................................................................. 10
Change in Coverage Under Another Employer’s Plan ...................... 11
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INTRODUCTION
This document serves two important functions related to the Plan under the Employee
Retirement Income Security Act of 1974, as amended (“ERISA”), a federal law applying
to employee benefit plans:
First, ERISA requires that employers provide eligible employees with a description of the
various benefit plans it maintains. Such information is to be included in a summary plan
description (“SPD”) for each plan. This document constitutes the SPD for the Plan.
Second, ERISA requires that employee benefit plans be maintained pursuant to a written
plan document. This document constitutes the written plan document under ERISA.
You and your beneficiaries may examine the Plan, all amendments, and certain other
documents and records pertaining to the Plan during regular business hours or by
appointment at a mutually convenient time with your Plan Administrator. You may obtain
copies of the Plan and of certain reports from the Plan Administrator (a reasonable charge
may be imposed for those copies, as prescribed by federal regulation). Because benefits
under the Plan will be of importance to you and your family, you should retain this
document as part of your permanent records. A copy may be obtained through the Plan
Administrator upon request.
Important Note: Notwithstanding anything herein to the contrary, the Dependent Care
Flexible Spending Account (“FSA”) and the Health Savings Account are not subject to
ERISA. This document does not give participants any rights thereunder.
The Plan, any changes to it, or any payments to you under its terms, does not
constitute a contract of employment with the Company or any Participating
Employer (as detailed below) and does not give you the right to be retained in the
employment of the Company or any Participating Employer. The Company
reserves the right to change, amend or terminate the Plan at any time.
Eligible Employees.
The following rules describe the most common employee classifications and the eligibility
requirements applicable to each. Note, however, that eligibility requirements that apply
to you may be different due to client contract requirements, a collective bargaining
agreement or pursuant to the terms of any post-transaction benefit integration
determinations made in connection with certain business transactions (such as the
acquisition of a new company) or you may work for an employer that has different rules
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for its employees. In any event, the eligibility requirements that apply to you and your
dependents will be set forth on the benefit enrollment website when you log on to enroll
for benefits at https://ehub.aus.com/oe.
Please note that eligibility requirements (i.e., length of waiting period (not to exceed 90
days)) are subject to participating employer agreement and you may work for an employer
subject to an eligibility exception. Please call the Benefits Department at 1-888-670-7106
for more information on exceptions.
Please note that eligibility requirements (i.e., number of hours worked and length of
waiting period (not to exceed 90 days)) are subject to client contract and/or collective
bargaining agreement and you may work at a location subject to an eligibility exception.
Please call the Benefits Department at 1-888-670-7106 for more information on
exceptions.
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contract between the Participating Employer and the Federal government which are
subject to the Service Contract Act (“SCA”); and (2) employees located at other
governmental or quasi-governmental locations subject to state laws and/or local
ordinances similar to the SCA. Welfare benefits for certain Boon Group Employees are
offered in addition to the fringe contributions paid by the Participating Employer as more
fully described in the Boon Group booklet and/or summary of coverage and/or certificate
of insurance (“The Boon Group Materials”).
Benefits offered to Boon Group Employees are medical, dental, vision, short-term
disability and life insurance as more fully described in The Boon Group Materials. Certain
Boon Group Employees may have the option to waive medical coverage and direct their
fringe contribution to their account in the Allied Universal 401(k) Plan. Certain other
collectively bargained Boon Group Employees may receive an additional Company-
sponsored life insurance Benefit at no cost. Please see The Boon Group Materials for
more information on these options.
Please note that eligibility requirements may vary depending on the requirements
of the state law or local ordinance. Further, eligibility requirements are also subject to the
client contract and hours worked. A waiting period (not to exceed 90 days) may also
apply. Please see The Boon Group Materials for more information on eligibility
requirements, waiting periods and the applicable effective date of coverage for your
location.
Additional locations may be included in the Boon Group Employees in the future
and eligibility requirements may vary. Please call the Benefits Department at 1-888-
670-7106 for more information or for a current list of locations for Boon Group
Employees.
Leaves of Absence. If you are on a leave of absence on the date your coverage
would otherwise become effective, your enrollment will be processed in accordance with
the practices and procedures set forth in your Participating Employer’s leave policies.
If you become an eligible employee within thirty (30) days of your termination date,
your benefits will be automatically reinstated back to the date of termination.
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If you become an eligible employee after thirty (30) days, but within thirteen (13)
weeks of your termination date, your benefits will be reinstated on the first of the
month following your return to employment, subject to your ability to make
appropriate election changes upon reinstatement.
If you become an eligible employee more than thirteen (13) weeks after your
termination date, you will be treated as a new hire and you will not be eligible for
benefits until the first of the month following a sixty (60) day waiting period
beginning on your date of rehire.
If you are rehired in the same Plan Year as you terminated, you will be reinstated
into the benefits that covered you before your termination.
If you are rehired and your benefit effective date is after the beginning of a new
Plan Year, you will be entitled to re-elect your benefits options.
Failure to Pay for Your Benefits. If you fail to pay for some or all of your benefits,
the Plan will notify you of the date on which you will lose coverage for all benefits under
the Plan.
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independent contractors; and (6) those who are not on a Participating Employer’s payroll,
whether or not they are later determined to be an employee of a Participating Employer.
Employees who are otherwise ineligible for coverage but are determined to be “full-
time employees” under the ACA (as determined by the Company or a Participating
Employer) may nonetheless be eligible for medical coverage (as well as dental, vision
and life insurance coverage) under the Plan. For example, the Plan generally provides
benefits only to full-time employees and their dependents. However, if you are
determined to be a “full-time employee” during a particular measurement period, then you
will continue to be eligible for coverage throughout the subsequent stability period, even
though your hours may have dropped below 30 per week during that stability period. The
Participating Employer will establish appropriate initial and on-going measurement
periods for purposes of determining which ineligible employees meet the definition of “full-
time employee” under ACA. If the Participating Employer chooses to use a look-back
measurement period, the look-back measurement period may vary in length by category
of employee and may be changed prospectively from year-to-year at the Participating
Employer’s discretion and to the extent permitted by Treas. Reg. §54.4980H-3. If an
employee meets the definition of “full-time employee” during the applicable measurement
period, as determined by the Participating Employer, the employee will be offered
coverage for the duration of the next stability period. The length of the stability period shall
comply with Treas. Reg. §54.4980H-3. The rules governing determination of full-time
status will be made in accordance with the Participating Employer’s Affordable Care Act
Measurement Guidelines.
Eligible Dependents.
You can elect to provide medical, dental, vision, voluntary life insurance, voluntary
accident insurance, voluntary critical illness insurance and voluntary hospital insurance
for your eligible dependents who meet the eligibility requirements set forth in Appendix A.
In general, you may be required to pay the full premium amount for any dependent
coverage that you elect. If you are an Administrative Employee, you can also establish
one or more Flexible Spending Accounts (“FSAs”) to pay eligible expenses for your
eligible dependents who meet the applicable eligibility requirements. PLEASE SEE
APPENDIX A FOR MORE DETAILED INFORMATION ON WHO MAY BE COVERED AS
A DEPENDENT UNDER THIS PLAN. PLEASE NOTE THAT ELIGIBLE DEPENDENTS
MAY VARY DEPENDING ON THE BENEFIT.
CESSATION OF PARTICIPATION
Coverage under the Plan will terminate automatically for medical, dental, vision and life
insurance as of the last day of the month in which your employment terminates, or you
and/or your dependent(s) lose eligibility. All other benefits offered under this Plan will
terminate on the date you cease to be an eligible participant. In addition, coverage will
terminate as of the first to occur of the following:
the date all coverage or certain benefits are terminated for your particular
employment classification, due to a modification of the Plan;
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with respect to a dependent, the last day of the month in which the dependent
ceases to be an eligible dependent as defined by the particular benefit provider
under the applicable contract;
the last day of the last period for which any required contribution toward the cost
of coverage was made;
the first day of the stability period which follows an on-going measurement period
during which you fail to meet the definition of “full-time employee” under the ACA
(as determined by the Participating Employer) if you are otherwise ineligible but
gained eligibility during an initial measurement period or preceding on-going
measurement period; or
Your Participating Employer may continue coverage during certain periods of absence,
such as a leave of absence under the Family and Medical Leave Act of 1993, in
accordance with its written personnel policies and practices. Your Participating Employer
may require contributions during periods of absence in accordance with its written
personnel policies and practices.
Once you make an election to participate in the Plan, you may change that election
only (1) if you have a change in status, as described below under COVERAGE OPTIONS
AND ENROLLMENT, or (2) during an open enrollment period (the change in such case
will commence with the first day of the next succeeding “Plan Year,” January 1 through
December 31 or “stability period,” as applicable).
Failure to Make an Election. If you fail to make an election for benefits within the
specified election period established by the Plan Administrator:
upon your initial eligibility for coverage, you will be automatically enrolled in Basic
Life Insurance and AD&D Insurance and will be deemed to have elected no other
benefits unless you are a Boon Group Employee (as described above);
upon any subsequent eligibility for coverage, unless the Enrollment Materials
specify otherwise or such coverage is no longer available, you will be deemed to
have elected the same coverage as in the preceding Plan Year or stability period,
as applicable (except that Administrative Employees will be deemed to have
elected no benefits for the Health Care FSA and Dependent Care FSA); however,
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upon both initial eligibility and any subsequent eligibility for coverage if you are a
Boon Group Employee, you will receive certain self-only coverage automatically
(as described in the Boon Group booklet). However, an election must be made for
dependents to receive coverage.
Therefore, it is extremely important that you enroll online (or, in the case of Boon
Group Employees, return your enrollment materials) within the time period prescribed by
the Company or a Participating Employer.
Cost of Plan. Your Participating Employer may share a portion of the cost of
coverage under this Plan with eligible employees. The enrollment application for
coverage will include a compensation reduction agreement, where applicable. Some
contributions are made on a pre-tax basis and some contributions are made on an after-
tax basis. Some benefits may be fully paid by your Participating Employer.
The amount of your contribution to provide health benefits for a domestic partner
(as defined in Appendix A) and children of a domestic partner or a child for whom you are
legal guardian will be the same as for a spouse and/or his or her children. However, the
value of health coverage will be taxable to you unless the person being covered is a
“dependent” as defined in the Internal Revenue Code.
Unless your domestic partner and/or his or her child(ren) or a child(ren) for whom
you are legal guardian meet certain requirements (see below), the payments for coverage
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under the Plan will be deducted from your salary on a pre-tax basis and then the total
value of the coverage provided on behalf of your domestic partner and his or her children
or a child for whom you are legal guardian under the Plan will be considered taxable
income to you. You will not actually receive additional income in your paycheck, but your
Participating Employer will withhold federal taxes and, where applicable, city and state
taxes on this additional “imputed” amount and it will be reported on your Form W-2 for the
year. The value of the coverage provided to your domestic partner and his or her children
or a child for whom you are legal guardian will be based on the cost of the coverage under
the Plan for the applicable “tier” of coverage (for example, Employee only, Employee +
Spouse/Partner + Child(ren), Employee + Family, Employee + 2 or more, etc.), as
determined by the Company and/or a Participating Employer(s). The tiers applicable in
your situation might be different from the tiers in the examples below, which could lead to
a different imputed amount for you. Please contact the Benefits Department for more
information. Some employees may be able to avoid imputed income if they are able to
complete and submit an Affidavit of Tax Dependency and/or an Affidavit of State Tax
Treatment.
If Domestic Partner and His/Her Children or a Child for Whom You Are Legal Guardian
Do Not Meet Requirements to Receive Medical, Dental and/or Vision Benefits on a Tax-Favored Basis
Who is Covered Premium Paid by Employee Imputed Income
(Pre-Tax Contribution)
Employee and partner Employee contribution for Employee + Cost to the Plan of
Spouse/Partner coverage Employee Only coverage
Employee, partner and Employee contribution for Employee + Cost to the Plan of
employee’s dependent Spouse/Partner + Child(ren) or Employee + Employee Only coverage
child(ren) Family or Employee + 2 or more dependents
coverage
Employee and partner’s Employee contribution for Employee + Cost to the Plan of
dependent child(ren) Child(ren) or Employee + 1 or Employee + Employee Only coverage
2 or more dependents coverage
Employee, partner and Employee contribution for Employee + Cost to the Plan of
partner’s dependent Spouse/Partner Child(ren) or Employee + Employee + Child(ren)
child(ren) Family or Employee + 2 or more dependents coverage
coverage
Employee, partner, Employee contribution for Employee + Cost to the Plan of
employee’s dependent Spouse/Partner + Child(ren) or Employee + Employee + Child(ren)
child(ren) and partner’s Family or Employee + 2 or more dependents coverage
dependent child(ren) coverage
If your domestic partner and/or his or her child(ren) or a child for whom you are
legal guardian meet certain requirements, and you provide your Participating Employer
with an “Affidavit of Tax Qualified Dependency” form demonstrating that those
requirements have been satisfied, coverage for those individuals will be provided on a
tax-favored basis. Your domestic partner and/or his or her child(ren) or a child for whom
you are legal guardian meet these requirements if:
The individual is a member of your household, has his or her principal place of
residence in your home and the relationship is not in violation of local law;
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You furnish over half of the individual’s support for the year. In making this
calculation, the amount you contribute towards such support must be compared
with the amounts received for support by such individual from all other sources,
including any amounts supplied by him or her and including earnings; and
If your domestic partner and/or his or her child(ren) or a child for whom you are
legal guardian meet these requirements, the cost of coverage under the Plan will be
deducted from your pay on a pre-tax basis and no additional income will be imputed to
you.
We suggest that you consult a tax advisor to determine whether you may claim
your domestic partner and/or his or her children or a child for whom you are legal guardian
as dependents for tax purposes, before you certify that they are dependents.
During each annual open enrollment period, you will be given the opportunity to make
your benefit choices for the upcoming Plan Year (January 1 through December 31).
Except as provided in the following sentence, if you do not elect to change your selection
from the previous year, the Company and your Participating Employer will assume that
you want to continue under the same option, unless the Company determines that
reenrollment will be required for a particular Plan Year. However, for Administrative
Employees to contribute to a Dependent Care FSA or a Health Care FSA, they must
make an election for each Plan Year. FSA elections will not carry over from year to year.
Each year during the annual open enrollment period, eligible employees will be able to
elect from available benefit coverage options based on which benefits and coverage
levels are right for them. Benefits may differ slightly depending on the coverage option
offered to and elected by the employee. Further, certain union employees may be eligible
to opt out of medical coverage under the applicable union fund and receive a monetary
award in lieu of said coverage. Please call your district office for more information.
Generally, you may not make changes to your coverage elections during the Plan
Year, whether or not you make contributions for your coverage. (This restriction is
due primarily to requirements under federal law.) However, you may make a change to
an election which is on account of and consistent with a “change in status.” If you have
a change in family or work status or under certain other circumstances, you may join, re-
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join, opt out, increase or decrease coverage (e.g., change from employee to family or vice
versa) if you notify the Benefits Department within 31 days of the change. Your election
change, however, must be consistent with your change in status. If your election change
is consistent with the change in status and you notify the Benefits Department within 31
days of the change (within 45 days in the case of a change that would necessitate the
addition of a dependent following the date of birth, adoption or placement for adoption),
your election change will become effective on the first of the month following the date of
notice (except for birth and adoption, in which case coverage will become effective as of
the date of birth, adoption or placement for adoption). You may be required to provide the
Plan Administrator with documentation supporting your change in status. Please note
that Special Enrollment rights, as described in the Special Enrollment Rights section, may
apply.
Note: Any changes related to a spouse or child(ren) will apply equally to a domestic
partner and his or her child(ren) (including providing the Benefits Department with
documentation supporting your change in status – i.e., Affidavit of Domestic Partnership
or Civil Union or Termination of Domestic Partnership).
The following list describes circumstances that may permit you to make an election
change:
Legal marital status. Events that change your legal marital status, including
marriage, death of spouse, divorce, legal separation, or annulment.
Employment status. Generally, this includes events that change the employment
status of you, your spouse, or your dependent, including a termination or commencement
of employment, the reduction or increase in hours of employment (i.e. switching from full-
time to part-time or part-time to full-time employment status, a strike or lockout), a
commencement of or return from an unpaid leave of absence, or a change in worksite
affecting coverage.
Reduction of Hours During Plan Year. You may make an election change by
cancelling your coverage if you experience a reduction of hours below 30 hours per week
during a Plan Year (which results in a change in your work status to part-time) and you
certify that you will obtain coverage on the Health Insurance Marketplace/Exchange within
two months of the cancellation of your coverage under this Plan.
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Significant Change in Cost or Coverage under the Plan. You may be able to
make an election change that is on account of and corresponds with a significant change
in the cost or coverage under the Plan, as determined by the Plan Administrator.
Change in Dependent Care Provider. You may make an election change to the
contribution to your Dependent Care FSA that is due to a change in the cost of dependent
care (as long as your dependent care provider is not your relative) or a change in
dependent care provider.
Other Changes. You may make changes on account of such other events that
the Plan Administrator determines would permit a change of election under applicable
governmental regulations. Note: Inability to afford the cost of the coverage you elected
is not a legally approved reason to change status/plans during the Plan Year.
You are permitted to change health insurance providers or HMOs during the Plan
Year under only exceptional and extremely limited circumstances. Such a change may
take place during the annual open enrollment period prior to each Plan Year if you have
more than one benefit option to choose from. Please contact the Benefits Department
for more information.
BENEFITS
This section briefly summarizes the health and welfare benefits that are provided under
the Plan and describes some important rules regarding your annual elections under the
Plan. Note, however, that you might not be eligible for all of the benefits listed or the
benefits listed might apply to you in a somewhat different manner (for example, whether
there are company contributions toward the cost of coverage or whether contributions are
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For a more complete description of the benefits available under each coverage option,
please refer to your Enrollment Materials and the benefits microsite at
www.allieduniversalbenefits.com (which houses the separate descriptive booklets from
the Company, your Participating Employer, third-party administrators, insurance
companies, and HMOs, as these documents may be updated from time to time).
Complete descriptions of the health care and dependent care FSAs are provided below.
Please note that certain benefits are only available to “Administrative Employees” as
defined above.
Decisions on Health Care. The Plan’s health care benefits provide solely for the
payment of certain health care expenses. All decisions regarding health care will be
solely the responsibility of each covered individual in consultation with the personal health
care provider selected by the individual. The Plan and any applicable insurance contracts
contain rules for determining the percentage of allowable health care expenses that will
be reimbursed and whether particular treatments or health care expenses are eligible for
reimbursement. Any decision with respect to the level of health care reimbursement, or
the coverage of a particular health care expense, may be disputed by the covered
individual in accordance with the Plan’s claims procedure. Each covered individual may
use any source of care for health treatment and health coverage as selected by such
individual, and the Plan, the Company and your Participating Employer will not have any
obligation for the cost or legal liability for the outcome of such care, or as a result of a
decision by a covered individual not to seek or obtain such care, other than liability under
the Plan for the payment of benefits.
To the extent applicable, group health coverage under the Plan shall comply with
the patient protections regarding choice of health care professionals and emergency care
services under the Public Health Services Act 2719A.
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authorization for administrative purposes. In the normal course, if your protected health
information is used or disclosed for any other purpose, your written authorization for such
use or disclosure will be required. See the section of this booklet entitled HIPAA
PRIVACY for information regarding the privacy of your protected health information.
if you and/or your spouse, domestic partner and dependents lose eligibility for that
other coverage (or if the employer stops contributing towards your or your
dependents’ other coverage),
if you or your dependents become eligible for a premium assistance subsidy under
Medicaid or CHIP.
However, you must request enrollment (i) within 31 days after your or your
dependents’ other coverage ends (or after the employer stops contributing toward the
other coverage) including the exhaustion of COBRA coverage, or (ii) within 60 days in the
case of changes related to Medicaid or CHIP.
In general, coverage added under these rules will be effective on the first of the
following month following receipt of notification except in the case of birth, adoption or
placement for adoption. In such cases, the effective date of coverage will be the date of
birth, adoption or placement for adoption.
Medical Coverage
You have the option to elect medical coverage for you and your dependents which
will become effective at the expiration of the applicable waiting period. This medical
coverage may include a prescription drug benefit, as described in the booklets prepared
by the third-party administrators, insurers or HMOs. To enroll in medical coverage, you
must make an online election prior to the deadline date provided to you (or in the case of
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Boon Group Employees who would like to cover dependents or waive coverage, return
your enrollment materials). The medical benefit option for which you are eligible
depends on your work location.
You may review current medical options on the Allied Universal benefits microsite
at www.allieduniversalbenefits.com. The options available to you will be shown on the
on-line enrollment site (or in the case of Boon Group Employees, in your enrollment
materials).
Depending on your location, you may have a choice of medical benefit options
unless governed by a collective bargaining agreement. Each option has its advantages
and disadvantages, and the Company and your Participating Employer hope you will
consider each carefully before making your decision. You should make your decision
based on individual and family health care needs. In determining coverage options for
you and your family, you should consider whether or not you have dependents residing
outside of an HMO’s coverage area or any restrictions that an HMO may have with regard
to coverage while traveling.
Your dependents (as detailed in Appendix A) are also eligible to participate in the
option you select. See the section of this booklet entitled COVERAGE OPTIONS AND
ENROLLMENT for rules governing your election (and your ability to change your election)
and the manner in which contributions are made. Dependents may not be covered under
a benefit option other than the one the employee chooses for him/herself.
Paying for Coverage. You may be required to contribute toward the cost of
medical coverage you select (minus any subsidies that may be available to you). Any
contribution you are required to pay is made on a pre-tax basis and is determined by the
Company and your Participating Employer each year.
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be refunded. If you complete the Quit for Life program later than the time period described
above, your surcharge will stop but you will not be refunded any surcharge previously
paid. Please see the Company’s Tobacco Usage Surcharge Policy, for more information.
Please note that falsely indicating non-tobacco usage could lead to loss of coverage,
termination of employment and/or other consequences.
Medical Loss Ratio Rebates. With respect to any insurance company rebates
received by the Plan Sponsor that are subject to the Medical Loss Ratio (“MLR”)
provisions of the ACA, the Plan Administrator will determine what portion (if any) of such
rebate must be treated as “plan assets” under ERISA. If any portion of the rebate must
be treated as plan assets, the Plan Administrator will determine in its sole discretion the
manner in which such amounts will be used by the Plan or applied to the benefit of
participants; which participants need not be the same participants who made
contributions under the policy that issued the rebate. Any portion of the rebate that is not
treated as plan assets will be allocated among one or more of the Participating Employers
as the Plan Sponsor in its sole discretion determines appropriate.
Special Rules Related to Pregnancy and Childbirth. The Plan generally may
not, under federal law, restrict benefits for any hospital length of stay in connection with
childbirth for the mother or newborn child to less than 48 hours following a normal delivery,
or less than 96 hours following a Cesarean section, or require that a health care provider
obtain authorization from the Plan or any insurance issuer (including an HMO) for
prescribing a length of stay not in excess of the above periods. However, federal law
generally does not prohibit the mother’s or newborn’s attending provider, after consulting
with and obtaining the consent of the mother, from discharging the mother or her newborn
earlier than 48 hours (or 96 hours as applicable).
Special Coverages Required by the Women’s Health and Cancer Rights Act.
The Women’s Health and Cancer Rights Act of 1998 requires the Plan to cover the
following medical services in connection with coverage for a mastectomy:
These services will be provided in a manner determined in consultation with the attending
physician and the patient. Coverage for these medical services is subject to applicable
deductibles and coinsurance amounts as well as other applicable plan provisions.
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rights under any insurance policy that provides your coverage. The section of this booklet
entitled CONTINUATION OF COVERAGE UNDER COBRA describes certain
circumstances under which health care coverage may be continued after the date
coverage would otherwise end.
Dental Coverage
You have the option to elect dental coverage for you and your dependents which
will become effective after the expiration of the applicable waiting period. The available
dental benefits (as detailed in Appendix A) are described on the benefits microsite at
www.allieduniversalbenefits.com and the booklets prepared by the insurer. To enroll in
dental coverage, you must make an on-line election (or, in the case of Boon Group
Employees, who would like to cover dependents or waive coverage, return your
enrollment materials) prior to the deadline date provided to you. See the section of this
booklet entitled COVERAGE OPTIONS AND ENROLLMENT for rules governing your
election (and your ability to change your election) and the manner in which contributions
are made. Please see the above-mentioned booklets for additional waiting periods that
may apply to certain services under this benefit.
Paying for Coverage. You are required to contribute the full cost of the dental
coverage you select (minus any subsidies that may be available to you). Any contribution
you are required to pay is made on a before-tax basis and is determined by the Company
and your Participating Employer each year.
Vision Coverage
You have the option to elect vision coverage for you and your dependents, which
will become effective after the expiration of the applicable waiting period. The available
vision benefits (as detailed in Appendix A) are described on the benefits microsite at
www.allieduniversalbenefits.com and the booklets prepared by the insurer. To enroll in
vision coverage, you must make an on-line election (or, in the case of Boon Group
Employees who would like to cover dependents or waive coverage, return your enrollment
materials) prior to the deadline date provided to you. See the section of this booklet
entitled COVERAGE OPTIONS AND ENROLLMENT for rules governing your election
(and your ability to change your election) and the manner in which contributions are made.
Please see the above-mentioned booklets for additional waiting periods that may apply
to certain services under this benefit.
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Paying for Coverage. You are required to contribute the full cost of the vision
coverage you select (minus any subsidies that may be available to you). Any contribution
you are required to pay is made on a before-tax basis and is determined by the Company
and your Participating Employer each year.
For hourly-paid employees, an amount equal to the employee’s current hourly rate
of pay times 2080, plus the amount of commissions paid over the 52-week period
immediately prior the covered loss triggering payment by the carrier (or the period of
employment, if less than 52 weeks).
For salaried employees, an amount equal to the employee’s current, bi-weekly rate
of pay times 26 (as reported by the Participating Employer as of the date the covered
loss), plus commissions paid over the 52-week period immediately prior the covered loss
(or the period of employment, if less than 52 weeks), but not including bonuses, overtime
pay or other extra compensation.
However, for employees working in the United States Virgin Islands, the amount
above is capped at $50,000. For employees of MSA, the amount shall be $50,000
regardless of the hourly or bi-weekly rate.
A change in the rate of pay for insurance purposes is effective on the first of the
month following such change.
The benefit will be rounded up to the nearest $1,000, from a minimum amount of
$10,000 to a maximum of $500,000.
Once initially enrolled in life and AD&D insurance coverage, you will be asked to
designate a beneficiary. Please refer to the information on the benefits website at
www.allieduniversalbenefits.com (or in the case of Boon Group Employees, in your
enrollment materials) for additional information. Note that once you attain age 70, the
benefit reduces to 67% of the original amount.
Note: The first $50,000 of basic life and AD&D insurance coverage is tax-free.
However, under current federal tax laws, employer provided life insurance coverage in
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excess of $50,000 results in taxable income to employees. Although this amount is not
actually received by you in your paycheck, the value of life insurance coverage in excess
of $50,000 is taxable to you as imputed income in each paycheck and is be reported as
such on your Form W-2.
For Service Professionals only: After the expiration of the applicable waiting
period, your Participating Employer will automatically provide you with a core life and
AD&D insurance benefit equal to $10,000. Some locations may offer different amounts
based on client contracts or collective bargaining agreements or you may work for an
employer that has different rules for its employees. Please see your online Benefit
Election information (or in the case of Boon Group Employees, in your enrollment
materials) for the amount of your benefit.
Once initially enrolled in life and AD&D insurance coverage, you will be asked to
designate a beneficiary. Please refer to the information on the benefits website at
www.allieduniversalbenefits.com for additional information. Note that once you attain age
70, the benefit reduces to 67% of the original amount.
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expiration of the applicable waiting period, provided you timely submitted any required
Evidence of Insurability information. Evidence of Insurability may be required on amounts
over $200,000. Coverage that you purchase is term life insurance. You may increase
your coverage amount on account of certain changes in status or during annual
enrollment, but proof of good health may be required. Further, if you do not enroll upon
your initial eligibility, proof of good health may be required.
Once enrolled, you will be asked to complete certain required paperwork, including
designating a beneficiary. Please refer to the benefits microsite at
www.allieduniversalbenefits.com for additional information. Note that once you attain age
70, the benefit reduces to 67% of the original amount.
Spouse Life Insurance. You may also purchase term life insurance for your
dependent spouse or a qualified domestic partner, provided your spouse or domestic
partner is not covered as an employee of a Participating Employer or as a dependent
under another employee’s coverage. Additionally, you may not be covered both as an
employee and as a dependent spouse. Coverage becomes effective after the expiration
of the applicable waiting period, provided you timely submitted any required Evidence of
Insurability information. You are the beneficiary of any coverage you have for your
spouse or domestic partner.
The coverage amount that you may elect for your spouse or domestic partner is in
$5,000 increments, up to $100,000. However, Spouse life insurance may not exceed
50% of the employee’s supplemental life insurance, rounded down to the nearest
increment or tier. Cost of Spouse life insurance is calculated using the spouse’s age. At
your initial eligibility, proof of good health will be required if electing amounts over
$75,000. After initial enrollment (even if you do not enroll your spouse or domestic partner
upon your initial eligibility), proof of good health is required for any amount.
Child(ren) Life Insurance. You may also purchase life insurance for your
dependent child(ren) from birth up to 26 years of age (coverage continues if the child is
disabled) in the amount of either $5,000 or $10,000 per child. All children will be covered
for one premium. All children will be covered for the same amount – you may not choose
different amounts for each child. You are the beneficiary of any coverage you have for
your child(ren). Note that if a child dies prior to reaching six months of age, the amount
paid will be only $500, regardless of the amount elected.
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insurance coverage may increase each year in January. Rates are age-based and will
increase when you move to a new age band.
Short-Term Disability
If you work in a state other than California, Hawaii, New Jersey, New York or
Rhode Island, the Plan pays 60% of your pre-disability weekly base salary up to a
maximum benefit of $2,500 per week.
If you work in California, Hawaii, New Jersey, New York or Rhode Island, the Plan
pays 20% of your pre-disability weekly base salary up to a maximum benefit of
$2,500 per week.
The benefit is paid for up to 180 days or the end of your disability, whichever comes first.
Your STD benefits may be offset by other sources of income and disability earnings,
including, but not limited to employer-provided disability benefits and/or disability
retirement benefits. Benefits may also be reduced on account of any third-party recovery
if benefits are paid due to an injury caused by a third party and you receive an award from
that party. Please refer to the information on www.allieduniversalbenefits.com for more
information.
Long-Term Disability
You may have the option to purchase Long-Term Disability (“LTD”) coverage. You
pay the full cost of this Plan. In some cases, this coverage may be provided free of charge
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by your Participating Employer. The plan pays 60% of your pre-disability base salary up
to a maximum benefit of $14,000 per month if you are totally disabled (as defined by the
insurance carrier) for more than 180 days. In general, the benefit will continue until age
65 so long as you remain totally disabled. However, special rules may apply in the case
of a disability commencing after age 60. Please refer to the descriptive booklet provided
by your Participating Employer for more information.
Your LTD benefits may be offset by other sources of income and disability
earnings, including but not limited to, social security benefits, any payments under any
state compulsory benefit law (such as a mandatory state disability plan), workers’
compensation or other occupational disease law, employer-provided disability benefits or
governmental disability retirement benefits received as a result of your employment.
Please note that you are required to file for social security disability benefits. Please refer
to the information on the www.allieduniversalbenefits.com for more information.
The EAP provides employees and their dependents with professional, confidential
assistance with issues relating to work, family, grief counseling, substance abuse, stress,
etc.
All benefits eligible employees are provided with EAP benefits. You are provided
with unlimited telephonic access and up to three face-to-face visits with professionals for
each issue. Please refer to the materials provided by your Participating Employer for more
information.
Paying for Coverage. Although this EAP benefit is provided by your Participating
Employer at no cost to you, you will be responsible for fees if you seek treatment beyond
that provided by the program, However, your medical insurance may cover some or all
the required fees if you seek further treatment.
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You may elect a voluntary accident insurance benefit for yourself and your spouse
ages 18 and older and your dependent children from age 18 to 26 (as described in
Appendix A). This benefit covers your family for a wide variety of accidental injuries. It
supplements your medical benefits by providing payment when a covered person has a
medical service and/or treatment related to accidental injuries. For more information
(including, but not limited to an actively at work requirement), please see the booklet from
the provider.
Paying for Coverage. If you elect the accident insurance benefit, you will be
responsible for paying for the full cost of coverage you elect on an after-tax basis.
If you are between the ages of 18 and 64 years old, you may elect voluntary
hospital coverage for you and your dependents (as described in Appendix A). Once you
are enrolled, coverage may continue beyond age 64. This benefit option pays additional
benefits over and above any benefit paid by your medical benefit if you or a covered
dependent is hospitalized. For more information, see the description of the benefit on the
benefits microsite.
Paying for Coverage. If you elect the Voluntary Hospital Coverage benefit, you
will be responsible for paying for the full cost of coverage you elect on an after-tax basis.
If you are between the ages of 18 and 64 years old, you may elect a voluntary
critical illness coverage for you and your dependents (as described in Appendix A). Once
you are enrolled, coverage may continue regardless of your age. This benefit option pays
benefits over and above those paid by your medical benefit for expenses related to certain
severe illnesses. For more information, see the description of the benefit on the benefits
microsite.
Paying for Coverage. If you elect the Voluntary Critical Illness benefit, you will be
responsible for paying for the full cost of coverage you elect on an after-tax basis.
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You may elect a voluntary legal service benefit for you [and your dependents (as
described in Appendix A).] This benefit provides a wide variety of legal services. Please
refer to the information on the www.allieduniversalbenefits.com for more information.
Paying for Coverage. If you elect the voluntary legal services benefit, you will be
responsible for paying for the full cost of coverage you elect on an after-tax basis.
Wellness Programs
From time to time, the Plan may offer wellness programs designed to promote the
health and wellbeing of all employees. These wellness programs may provide financial
incentives to engage in activities that encourage healthy lifestyle changes, provide you
with information about your current health condition by undergoing health screenings or
answering questionnaires, give you the opportunity to receive health “coaching” and
participate in disease management programs, provide on-line education tools, etc. These
wellness programs are designed to help mitigate risks and allow you to be more involved
in your healthcare, which may lead to a healthier employee population with lower
healthcare costs, ultimately saving you and the Participating Employers money.
Information collected as part of any wellness program will be analyzed and considered
when developing future wellness programs and making future plan design changes
affecting all participants. The terms of any wellness program will be communicated to
you separately as part of open enrollment material or other communications. Any
wellness program and related financial incentive offered under the Plan shall comply with
the requirements and limitations of HIPAA, the ACA and related guidance.
Highlights. FSAs provide valuable benefits designed to give you an effective way
to reimburse yourself on a tax-free basis for certain health care and dependent care
expenses. The Health Care FSA is designed to help you pay certain health care
expenses that you and your family may incur. For Administrative Employees other than
Executives, the Dependent Care FSA is intended to qualify as a dependent care
assistance benefit within the meaning of Section 129 of the Code and help you pay
qualified dependent care expenses.
Before the Plan Year begins, or prior to the expiration of the applicable waiting
period, you may elect to have a portion of your pay placed in either or both FSAs on a
pre-tax basis. You estimate the amounts that you will require in each account for the year
and divide the result by the number of pay periods left in the year. This equal amount will
be deducted from your gross pay each pay period before taxes. You may contribute
from $150 up to the applicable IRS maximum ($2,850 for 2022 and $3,050 for 2023)
to a Health Care FSA and from $100 up to $5,000 to a Dependent Care FSA. (Please
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note that the amount that can be paid tax-free from a Dependent Care FSA may be less
than $5,000, as described below). If you establish an FSA, you can use “untaxed” money
to pay for services that you used to pay for with after-tax dollars. The ACA does not apply
to the Health Care FSA because it is a “limited excepted benefit” under Federal tax law.
In summary:
Dollars you place in your FSA are taken out of your pay before they are taxed;
The money in your FSA can only be used to reimburse eligible expenses incurred
in the same Plan Year;
You will not be entitled to receive interest or any other earnings on contributions
made to your FSA(s);
Money in one FSA cannot be used to pay for items covered by the other FSA; nor
can money in one FSA be transferred to the other FSA;
You have up to March 31 of the following Plan Year to submit claims to either FSA
for expenses incurred during the preceding Plan Year. If you terminate your
employment, you will also have up to March 31 of the following Plan Year to submit
claims for expenses incurred during the preceding Plan Year but before your date
of termination (unless you elect COBRA for your Health Care FSA).
Here are a few other key considerations to keep in mind when evaluating and
planning participation in your FSA:
Your gross income (including your spouse’s income) and tax bracket; and
Your ability to afford a reduction in your paycheck, since part of your salary is set
aside for expenses.
Please note that you cannot be reimbursed for expenses incurred for an
individual who does not meet the definition of a “Qualifying Child” or a “Qualifying
Relative.” See Appendix A for more information on eligible dependents.
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More detailed information on the Health Care FSA and the Dependent Care FSA,
including how to file for reimbursement, can be found in Appendix C.
If you enroll in a high deductible health plan (“HDHP”), you may establish a Health
Savings Account (“HSA”). An HSA is a tax savings account that you can use to pay for
eligible health care expenses for you and your eligible dependents now, as well as save
to pay for future health care expenses.
The HSA provides a triple tax advantage: money goes in tax-free, grows tax-free
and is tax-free when used to pay for eligible medical expenses. If you don’t use all of the
money in the HSA during the plan year, it rolls over to the next year. Once your balance
reaches $1,000 you can invest your account in a selection of investment funds through
the HSA administrator. You can also take the money in the HSA if you leave the
Company/Participating Employer or retire. Once money is in the account, it’s yours to
keep or use toward eligible medical expenses.
You are not allowed to be enrolled in any other health coverage plan, including
Medicare, or union plans (i.e., no secondary coverage permitted under spouse’s
plan unless it is also an HDHP).
You cannot participate in the Health Care Flexible Spending Account if you elect
the HDHP with HSA. Also, you will not be permitted to make contributions to an
HSA if your spouse has a health care pre-tax flexible spending account with his or
her employer, other than a special “limited purpose” FSA that is designed to work
with HSAs.
For the 2022 calendar year, the maximum amount you can contribute to an HSA
is $3,6850 if you have single HDHP coverage and $7,300 if you have family HDHP
coverage. For the 2023 calendar year, the maximum amount you can contribute
to an HSA is $3,850 if you have single HDHP coverage and $7,750 if you have
family HDHP coverage. Contribution limits are subject to change from year to year.
You may make contributions to an HSA with any financial institution of your
choosing.
If you are age 55 or older, you can contribute an additional $1,000 per year.
You may change your HSA pre-tax contribution amounts anytime during the year.
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Please note: Expenses for domestic partners and/or children not claimed as
dependents on your tax return are ineligible for reimbursement under the HSA.
This section describes the Plan’s procedures pursuant to which you can make a claim for
benefits under the Plan and appeal a denied claim for benefits. Please note that these
claims and appeals procedures generally only apply if the booklet or Contract that
governs the particular benefit or issue in question does not, itself, contain claims and
appeals procedures. For purposes of this section, the Plan Administrator (or any
individual or entity to whom the Plan Administrator has delegated the authority to review
and evaluate claims) shall be referred to as the “Claims Administrator” at the initial claim
level and the “Appeals Administrator” at the appeal level.
Please note that this section does not apply to eligibility claims or inquiries. If you
have a question or claim regarding your or your dependent’s eligibility for benefits
under the Plan, please contact the Plan Administrator.
What Constitutes a Claim for Benefits. A request for benefits is a “claim” subject
to these procedures only if it is a communication by you or your authorized representative
that is filed in accordance with the Plan’s claim filing guidelines. In general, claims must
be filed in writing (except urgent care claims which may be made orally) with the
applicable provider identified in Appendix D. Any claim that does not relate to a specific
benefit under the Plan (for example, a general eligibility claim) must be filed with the Plan
Administrator at the address set forth in the ADDITIONAL INFORMATION section below.
A request for prior approval of a benefit or service where prior approval is not required
under the Plan is not a “claim” under these rules. Similarly, a casual inquiry about benefits
or the circumstances under which benefits might be paid under the Plan is not a “claim”
under these rules, unless it is determined that your inquiry is an attempt to file a pre-
service claim. If a claim is received, but there is not enough information to allow the
Claims Administrator to process the claim, you will be given an opportunity to provide the
missing information.
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Types of Claims. There are several different types of claims that you may bring
under the Plan. The Plan’s procedures for evaluating claims (for example, the time limits
for responding to claims and appeals) depend upon the particular type of claim. The
types of claims that you generally may bring under the Plan are as follows:
Urgent Care Claim – An “urgent care claim” is a claim for benefits or services
involving a sudden and urgent need for such benefits or services. A claim will be
considered to involve urgent care if the Claims Administrator or a physician with
knowledge of your condition determines that the application of the claims review
procedures for non-urgent claims (i) could seriously jeopardize your life or your
health, or your ability to regain maximum function or (ii) in your physician’s opinion,
would subject you to severe pain that cannot adequately be managed without the
care or treatment that is the subject of the claim.
Time Periods for Responding to Initial Health Claims. If you bring a claim for
benefits under the Plan, the Claims Administrator will respond to your claim within the
following time periods:
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review your claim. If such an extension is necessary because you failed to provide
the information necessary to evaluate your claim, the notice of extension will
describe the information that you need to provide to the Claims Administrator. You
will have no less than 45 days from the date you receive the notice to provide the
requested information.
Urgent Care Claim – In the case of an urgent care claim, the Claims Administrator
shall respond to you within 72 hours after receipt of the claim. If the Claims
Administrator determines that it needs additional information to review your claim,
the Claims Administrator will notify you within 24 hours after receipt of the claim
and provide you with a description of the additional information that it needs to
evaluate your claim. You will have no less than 48 hours from the time you receive
this notice to provide the requested information. Once you provide the requested
information, the Claims Administrator will evaluate your claim within 48 hours after
the earlier of the Claims Administrator’s receipt of the requested information, or the
end of the extension period given to you to provide the requested information.
There is a special time period for responding to a request to extend an ongoing
course of treatment if the request is an urgent care claim. For these types of
claims, the Claims Administrator must respond to you within 24 hours after receipt
of the claim by the Plan (provided, that you make the claim at least 24 hours prior
to the expiration of the ongoing course of treatment).
Concurrent Care Review Claim – If the Plan has already approved an ongoing
course of treatment for you and contemplates reducing or terminating the
treatment, the Claims Administrator will notify you sufficiently in advance of the
reduction or termination of treatment to allow you to appeal the Claims
Administrator’s decision and obtain a determination on review before the treatment
is reduced or terminated.
Reason for the Denial – the specific reason or reasons for the denial;
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Appealing a Denied Claim for Health Benefits. If your initial claim for benefits
is denied by the Claims Administrator, you may appeal the denial by filing a written
request (or an oral request in the case of an urgent care claim) with the Appeals
Administrator within 180 days after you receive the notice denying your initial claim for
benefits. If you decide to appeal a denied claim for benefits, you will be able to submit
written comments, documents, records, and other information relating to your claim for
benefits (regardless of whether such information was considered in your initial claim for
benefits) to the Appeals Administrator for review and consideration. You will also be
entitled to receive, upon request and free of charge, access to and copies of, all
documents, records and other information that is relevant to your appeal.
Urgent Care Claim – In the case of an appeal of a denied urgent care claim, the
Appeals Administrator shall respond to you within 72 hours after receipt of the
appeal.
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Reason for the Denial – the specific reason or reasons for the denial;
Statement of Right to Bring Action – a statement that you are entitled to bring a
civil action in Federal court under Section 502 of ERISA to pursue your claim for
benefits.
Notwithstanding the foregoing, the Plan will comply with the applicable
requirements of the ACA unless the Health Benefit is an Excepted Benefit to which the
ACA does not apply, including but not limited to the following:
Right to Review Claim File. Claimants shall be given the right to review their
claim file, including access to and copies of documents, records and other
information relevant to their claim;
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No Conflict of Interest. To the extent Plan personnel are involved in the claims
process, the Plan will not consider in connection with any decision regarding the
hiring, compensation, promotion, termination or other similar matters with respect
to an individual involved, directly or indirectly, with the evaluation or determination
of the claims or appeals of any claimant, whether or not such individual is likely to
support the denial of benefits to a claimant; and
External Review. The external review is available for final adverse benefit
determinations involving (1) medical judgment (excluding those that involve only
contractual or legal interpretation without any use of medical judgment) as
determined by the external reviewer, or (2) rescission of coverage (i.e., a
retroactive termination of coverage, whether or not the rescission has any effect
on any particular benefit at the time). Claimants in urgent care situations and those
receiving an ongoing course of treatment may proceed with expedited external
review at the same time as the internal appeals process. External review is not
available for final adverse determinations that relate to a failure to meet the
eligibility requirements under the Plan.
In the case of a claim not involving health or disability benefits, initial claims for
benefits under a Plan shall be made by you in writing to the Claims Administrator.
The Claims Administrator shall act within 90 days after its receipt, and shall notify
you in writing as to whether the claim has been denied in whole or in part. If special
circumstances require an extension of time for processing the initial claim, a written notice
of the extension and the reason therefore shall be furnished to you before the end of the
initial 90-day period. In no event shall such extension exceed 90 days.
Any notice of denial of a claim in whole or in part shall set forth, in a manner
calculated to be understood by you:
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a description of the Plan’s review procedure and the time limits applicable for such
procedures, including a statement of your right to bring a civil action under section
502(a) of ERISA following an adverse benefit determination on appeal.
Within 60 days of receipt of a notice denying a claim, you may appeal the denial
by filing a written request with the Appeals Administrator in the manner described in the
plan material - The 60-day period may be extended where the nature of the benefit
involved or other attendant circumstances make such extension appropriate. In
connection with such review, you may examine the Plan and obtain, upon request and
without charge, copies of all information relevant to your appeal and may submit issues
and comments in writing. The decision on review will be made promptly, and not later
than 60 days after receipt of a request for review, unless special circumstances (such as
the need to hold a hearing if one is deemed necessary) require an extension of time for
processing, in which case a decision will be rendered as soon as possible, but not later
than 120 days after receipt of a request for review.
a statement of your right to bring a civil action under section 502(a) of ERISA.
If the time limitations set forth above have not been exceeded, no person may
bring an action in a court of law unless the claims review procedure is exhausted and a
final determination has been made. If you challenge the decision, a review by a court of
law will be limited to the facts, evidence, and issues presented during the claims review
procedure described above. Facts and evidence that become known to you, your
dependent, your beneficiary, or another interested person after having exhausted the
appeals procedure may be submitted for reconsideration of the appeal in accordance with
the time limits established above. Issues not raised during the initial appeal will be
deemed waived.
In the case of a claim involving benefits under a disability plan (long-term or short-
term), initial claims for benefits shall be made by you in writing to the Claims Administrator.
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The Claims Administrator shall act within 45 days after its receipt and shall notify
you in writing as to whether the claim has been granted in whole or in part. If the Claims
Administrator determines that an extension is necessary due to matters beyond the
control of the Plan, a written notice of the extension stating the reason therefore and the
date by which the Plan expects to render a decision shall be furnished to you before the
end of the initial 45-day period. In no event shall such extension exceed 30 days. If, prior
to the end of the first 30-day extension period, the Claims Administrator determines that,
due to matters beyond the control of the Plan, a decision cannot be rendered within that
extension period, the determination period may be extended for up to an additional 30
days, provided that the Claims Administrator notifies you, prior to the expiration of the first
30-day extension period, of the circumstances requiring the extension and the date as of
which the Plan expects to render a decision. Any such notice of extension shall
specifically explain the standards on which entitlement to a benefit is based, the
unresolved issues that prevent a decision on the claim, and the additional information
needed to resolve those issues, and you shall be afforded at least 45 days within which
to provide the specified information.
Any notice of denial of a claim in whole or in part shall set forth, in a culturally and
linguistically appropriate manner:
a description of the Plan’s review procedure and the time limits applicable for such
procedures, including a statement of your right to bring a civil action under section
502(a) of ERISA following an adverse benefit determination on appeal;
if an internal rule, guideline, protocol, or other similar criterion was relied upon in
making the determination, the Claims Administrator will state that such a rule,
guideline, protocol, or other similar criterion was relied upon in making the
determination and either provide a copy of it with the denial or state that a copy of
such rule, guideline, protocol, or other criterion will be provided free of charge to
you upon request;
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to the Plan, (ii) the views of medical or vocational experts whose advice was
obtained on behalf of the Plan in connection with the adverse benefit
determination, without regard to whether the advice was relied upon in making the
benefit determination; and (iii) a disability determination made on your behalf by
the Social Security Administration, if that determination was presented by you to
the Plan; and
a statement that you are entitled to receive, upon request and free of charge,
reasonable access to, and copies of, all documents, records, and other information
relevant to the claim for benefits.
If you have been denied a claim in whole or in part, you shall be entitled to appeal
the denial of your claim to the Appeals Administrator by filing a written request for a review
within 180 days after the claim has been denied under the above Claims Procedure.
The Appeals Administrator’s review shall take into account all comments,
documents, records, and other information submitted by you relating to the claim, without
regard to whether such information was submitted or considered in the initial benefit
determination.
The Appeals Administrator shall act within 45 days after receipt of such request for
review from you, unless special circumstances require an extension of time for
processing. If the Appeals Administrator determines that an extension of time for
processing is required, written notice of the extension shall be furnished to you prior to
the termination of the initial 45-day period. In no event shall such extension exceed a
period of 45 days from the end of the initial period. The extension notice shall indicate
the special circumstances requiring an extension of time and the date by which the
Appeals Administrator expects to render the determination on review.
Any notice of denial of a claim on appeal in whole or in part shall set forth, in a
culturally and linguistically appropriate manner:
a statement that you are entitled to receive, upon request and free of charge,
reasonable access to, and copies of, all documents, records, and other information
relevant to your claim for benefits;
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if an internal rule, guideline, protocol, or other similar criterion was relied upon in
making the determination, the Appeals Administrator will state that such a rule,
guideline, protocol, or other similar criterion was relied upon in making the
determination and either provide a copy of it with the denial or state that a copy of
such rule, guideline, protocol, or other criterion will be provided free of charge to
you upon request;
a statement that you are entitled to bring a civil action in Federal court under
Section 502 of ERISA to pursue the claim for benefits.
The decision of the Appeal Administrator shall be final and conclusive on all
persons claiming benefits under the Plan, subject to applicable law. If you challenge the
decision of the Appeals Administrator, a review by a court of law will be limited to the
facts, evidence and issues presented during the claims procedure set forth above. The
appeal process described herein must be exhausted before you can pursue the claim in
federal court. Facts and evidence that become known to you after having exhausted the
appeals procedure may be submitted for reconsideration of the appeal in accordance with
the time limits established above. Issues not raised during the appeal will be deemed
waived.
You must use and exhaust this Plan’s administrative claims and appeals procedure
before bringing a suit in either state or federal court. Similarly, failure to follow the Plan’s
prescribed procedures in a timely manner will also cause you to lose your right to sue
regarding an adverse benefit determination.
The Plan’s decision will be final and conclusive on all persons claiming benefits
under the Plan, subject to applicable law. If you challenge the Plan’s decision, a review
by a court of law will be limited to the facts, evidence and issues presented during the
claims procedure. Facts and evidence that become known to you after having exhausted
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the appeals procedure may be submitted for reconsideration of the appeal in accordance
with the time limits established above. Issues not raised during the appeal will be deemed
waived.
Any claim or lawsuit related to benefits under the Plan must be brought in the
correct court or forum no later than 24 months after the earliest of:
the date your request for a Plan benefit was first denied or
the earliest date you knew or should have known the material facts on which your
lawsuit is based (the “24-month Claims Period”).
However, if you start the claims and appeals procedure described in this document
or individual benefit booklet by submitting your claim to the Claims Administrator within
the 24-month Claims Period, the deadline for you to file your lawsuit will not expire until
the later of the last day of the 24-month Claims Period and three months after the final
notice of denial of your appealed claim is sent to you by the Claims Administrator. Any
claim or action filed under the administrative claims and appeals procedures described in
this document or individual benefit booklet or any lawsuit that is filed in a court or any
other forum after the end of this 24-month period (or, if applicable, after the end of the
three-month period following exhaustion the administrative claims and appeals
procedures described in this document or individual benefit booklet) will be time-barred.
LOSS OF BENEFITS
Except for Short- or Long-Term Disability (and as may otherwise be described in this
document), your coverage ends at the end of the month in which your employment with
your Participating Employer terminates. This will occur upon your retirement, resignation,
discharge, or death. Your Participating Employer will, however, discuss with you at your
request what, if any, arrangements may be made to continue coverage beyond the date
your employment ceases. The section entitled CONTINUATION OF COVERAGE
UNDER COBRA also describes certain circumstances under which health care coverage
may be continued after the date your employment ends, or, in the case of your
dependents, after the date on which they become ineligible for health care coverage
under the Plan.
The Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”) is a federal law
that has several provisions designed to protect you and your family against a sudden loss
of health care coverage if you have a qualifying event (explained below) that would cause
the loss of your health care coverage provided by the Company and your Participating
Employer. The following information outlines the continuation of coverage available
under COBRA.
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You may have other coverage options available to you when you lose group health
coverage. For example, you may be eligible to buy an individual plan through the Health
Insurance Marketplace. By enrolling in coverage through the Marketplace, you may
quality for lower costs on your monthly premiums and lower out-of-pocket costs.
Additionally, you may qualify for a 30-day special enrollment period for another group
health plan for which you are eligible (such as a spouse’s plan), even if that plan generally
doesn’t accept late enrollees.
Individuals who are eligible for COBRA coverage are called qualified beneficiaries.
The events which entitle them to coverage are called qualifying events. In general, to be
a qualified beneficiary for a specific type of health coverage (i.e., medical, dental, vision,
EAP or health care flexible spending account), you must have had that particular
coverage under the Plan on the day before a qualifying event occurs. However, a child
born to, adopted by, or placed for adoption with the covered employee during the
continuation coverage will be a qualified beneficiary for COBRA purposes.
Who Must Provide Notice When Coverage is Lost. When a qualifying event
occurs, you and the Company/your Participating Employer have certain responsibilities.
Your name;
Your address and addresses of each qualified beneficiary, if different from yours;
Qualifying event;
Health benefits under which you and all qualified beneficiaries are currently
covered; and
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The notice must be sent to the Allied Universal Benefits Department, 1551 N.
Tustin Ave., Suite 650, Santa Ana, CA 92705, by hand delivery or regular mail within 60
days after the later of:
The date on which the qualified beneficiary loses (or would lose) coverage under
the Plan as a result of the qualifying event.
Notice by one individual shall satisfy any responsibility to provide notice on behalf
of all related qualified beneficiaries with respect to the qualifying event.
Your Participating Employer will notify the Plan Administrator if the event is death,
termination of employment, reduction in hours, or entitlement to Medicare benefits.
When the Plan Administrator is notified of a qualifying event, the Plan Administrator
or its third-party administrator will send you and/or your dependent(s) a written
explanation of the right to elect continuation coverage. You then have 60 days from the
later of the date of this explanation from the Plan Administrator or the date on which your
existing coverage would end to notify the Plan Administrator of your election. If you and/or
a dependent do not respond in writing within the time limit, the right to elect to continue
coverage under COBRA will be lost and cannot be reinstated.
The chart below summarizes who is eligible for continuation coverage under COBRA,
under what circumstances, and for how long. Coverage under Health Care FSA will not
continue beyond the Plan Year in which the Qualifying Event occurs.
The chart below summarizes who is eligible for continuation coverage under COBRA,
under what circumstances, and for how long. Coverage under Health Care FSA will
not continue beyond the Plan Year in which the Qualifying Event occurs.
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The 18, 29, or 36 months of continuation coverage begin on the date that coverage
would originally end.
If you elect to continue coverage, you must pay a total premium equal to the cost
to the Plan of such coverage, plus a two percent (2%) monthly administration charge (or
such higher charge as may be permitted by law). The total premium includes your
Participating Employer’s contribution and any contribution an active participant is required
to make under the Plan.
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The first payment must be made within 45 days following the date of your election
and must cover the number of full months from the date coverage ended to the time of
your payment. Premiums for each month after your election are due by the 1st day of the
month and must be postmarked within the 30-day grace period. Payments not received
by the end of the grace period will result in termination of coverage, which cannot be
reinstated.
Premium rates will change periodically for all qualified beneficiaries if costs to the
Company and/or your Participating Employer change, but no more often than once in a
12-month period.
Coverage You May Elect. You may elect to continue medical coverage only,
dental coverage only, vision coverage only, health care FSA coverage only, EAP only or
any combination of these coverages. For instance, you may elect to receive medical and
dental, but not health FSA and vision, or you may elect medical and health FSA, but not
dental, etc. You may elect to continue only those coverages that were in effect on the
date of the qualifying event. Since life insurance, accidental death and dismemberment
insurance, voluntary life insurance, disability insurance, and dependent care FSA are not
health care benefits protected by COBRA, you may not elect continuation coverage of
those benefits under the Plan. You may, however, have conversion rights under the
applicable insurance policy.
Coverage for Eligible Dependents. If you elect continuation coverage that also
covers your eligible dependents, these dependents may not make an independent
selection of coverage until the next annual open enrollment period. At that time, they may
change their coverage if they wish.
However, if you continue some, but not all, of the coverages to which you are
entitled, or if you decide not to continue your coverage at all, each dependent may make
an independent coverage selection.
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If you move out of the service area during your period of continuation coverage,
you may be able to elect alternate coverage. This will apply only to a benefit option that
is not offered in your current location.
When COBRA Benefits End. Generally, continuation coverage runs for 18, 29 or
36 months, depending on the qualifying event, as described in the chart above. However,
COBRA benefits will end immediately if:
The person whose coverage is being continued fails to pay the premium on time;
The person whose coverage is being continued becomes, after the date of the
election of continuation coverage, covered under another employer’s group health
plan (other than an exclusion or limitation which does not apply to (or is satisfied
by) the person under applicable provisions of federal law);
The person whose coverage is being continued becomes, after the date of the
election of continuation coverage, entitled to Medicare benefits;
In the case of a person whose coverage is being continued under the special
extended coverage period for disabled individuals, it is determined that the person
is no longer disabled under the Social Security laws; or
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PLAN ADMINISTRATOR
Within the meaning of ERISA, the Plan Administrator is the Allied Universal Employee
Benefits Committee.
In general, the Plan Administrator is the sole judge of the application and interpretation of
the Plan, and has the discretionary authority to construe the provisions of the Plan, to
resolve disputed issues of fact, and to make determinations regarding eligibility for
benefits. However, the Plan Administrator has the authority to delegate certain of its
powers and duties to a third party. The Plan Administrator has delegated certain
administrative functions under the Plan to various service providers. As the Plan
Administrator’s delegate, these service providers have the authority to make decisions
under the Plan relating to benefit claims, including determinations as to the medical
necessity of any service or supply.
The decisions of the Plan Administrator (or its delegate) in all matters relating to the Plan
(including, but not limited to, eligibility for benefits, Plan interpretations, and disputed
issues of fact) will be final and binding on all parties.
The Company reserves the right to amend or modify the Plan at any time and for any
reason with respect to both current and former employees and their dependents. Such
changes may include, but are not limited to, the right to (1) change or eliminate benefits,
(2) increase or decrease employee contributions, (3) increase or decrease deductibles
and/or co-payments, (4) change the class(es) of employees and/or dependents covered
by the Plan, and (5) change insurers, HMOs, or other providers. The Vice President,
Benefits of the Company may also make certain administrative, technical and legal
changes to the Plan and amendments to the benefits provided under the Plan. Further,
the Plan’s Privacy Officer may make any changes to the HIPAA PRIVACY &
PROTECTED HEALTH INFORMATION section of the Plan as may be required to comply
with HIPAA. The Company also reserves the right to terminate the Plan, or any portion
of the Plan, at any time and for any reason. No amendment, termination or partial
termination of the Plan will affect claims incurred for which items or services have been
provided prior to the date of amendment, termination, or partial termination.
The Plan creates no vested rights of any kind. No Participant, nor any person claiming
through him or her, shall have any right, title or interest in or through the Plan, or part
thereof, except as otherwise expressly provided herein. Nothing in the Plan shall be
construed as giving any person rights against the Plan, the Company, the Plan
Administrator or any Participating Employer or any of their employees or agents, except
as provided in the Plan.
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ADDITIONAL INFORMATION
Plan Information: The official Plan name, Plan identification number, and Plan
Year (fiscal year used for plan records) for the Plan are as follows:
Type of Plan: The Plan is a welfare benefit plan providing the following types of
benefits: (a) medical coverage, (b) vision coverage, (c) dental coverage, (d) life and
accidental death and dismemberment insurance, (e) additional life insurance (employee
supplemental life, spouse life and child(ren) life), (f) long-term disability insurance, (g)
short-term disability insurance, (h) dependent care spending account, (i) health care
spending account, (j) employee assistance program (k) health savings account, (l)
voluntary accident insurance, (m) voluntary hospital coverage, (n) voluntary critical illness
coverage, and (o) voluntary legal services. The benefits described in items (a), (b), (c),
(i), (m) and (n) are provided under a “group health plan” within the meaning of ERISA.
The benefits described in items (h) and (k) are not subject to ERISA.
Agent for Legal Process: The agent for the service of legal process for the Plan
is the SVP/Deputy General Counsel at the address set forth above.
Funding Medium: The benefits under the Plan are funded through direct
payments from the general funds and assets of the Plan Sponsor or one or more
insurance contracts.
General Principle
When you or your dependent receive benefits under the Plan which are related to medical
expenses that are also payable under Workers’ Compensation, any statute, any
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Because the Plan is entitled to reimbursement, the Plan shall be fully subrogated to any
and all rights, recovery or causes of actions or claims that you or your dependent may
have against any third party. The Plan is granted a specific and first right of
reimbursement from any payment, amount or recovery from a third party. This right to
reimbursement is regardless of the manner in which the recovery is structured or worded,
and even if you or your dependent has not been paid or fully reimbursed for all of their
damages or expenses.
The Plan’s share of the recovery shall not be reduced because the full damages or
expenses claimed have not been reimbursed unless the Plan agrees in writing to such
reduction. Further, the Plan’s right to subrogation or reimbursement will not be affected
or reduced by the “make whole” doctrine, the “fund” doctrine, the “common fund” doctrine,
comparative/contributory negligence, “collateral source” rule, “attorney’s fund” doctrine,
regulatory diligence or any other equitable defenses that may affect the Plan’s right to
subrogation or reimbursement.
The Plan may enforce its subrogation or reimbursement rights by requiring you or your
dependent to assert a claim to any of the benefits to which you or your dependent may
be entitled. The Plan will not pay attorneys’ fees or costs associated with the claim or
lawsuit without express written authorization from the Employer.
If the Plan should become aware that you or your dependent has received a third-party
payment, amount or recovery and not reported such amount, the Plan, in its sole
discretion, may suspend all further benefits payments related to you or any of your
dependents until the reimbursable portion is returned to the Plan or offset against
amounts that would otherwise be paid to or on behalf of you or your dependents.
By participating in the Plan you and your dependents consent and agree that a
constructive trust, lien or an equitable lien by agreement in favor of the Plan exists with
regard to any settlement or recovery from a third person or party. In accordance with that
constructive trust, lien or equitable lien by agreement, you and your dependents agree to
cooperate with the Plan in reimbursing it for Plan costs and expenses.
Once you or your dependent has any reason to believe that you or they may be entitled
to recovery from any third party, you or your dependent must notify the Plan. And, at that
time, you and your dependent (and your or their attorney, if applicable) must sign a
subrogation/reimbursement agreement that confirms the prior acceptance of the Plan’s
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subrogation rights and the Plan’s right to be reimbursed for expenses arising from
circumstances that entitle you or your dependent to any payment, amount or recovery
from a third party.
You and your dependent consent and agree that you or they shall not assign your or their
rights to settlement or recovery against a third person or party to any other party, including
their attorneys, without the Plan’s consent. As such, the Plan’s reimbursement will not be
reduced by attorneys’ fees and expenses without express written authorization from the
Employer.
RECOUPMENT
The Plan has the right to recover any mistaken payment, any overpayment, any payment
that is made to any individual who was not eligible for that payment or any payment that
was required to have been made to the Plan under the “Third Party Liability” section
above. The Plan, or its designee, may withhold or offset future benefits payments, sue
to recover such amounts, or may use any other lawful remedy to recoup any such
amounts.
NO ASSIGNMENT OF BENEFITS
You cannot assign, pledge, encumber or otherwise alienate any legal or beneficial interest
in benefits under the Plan, and any attempt to do so will be void. In no event shall any
health care or other provider be a “participant” or “beneficiary” under the Plan and no such
provider shall have standing under ERISA or the claims procedures of this Plan except
as an authorized representative within the meaning of Department of Labor Regulation
section 2560.503-1(a)(4), as determined by the Plan Administrator. However, the
payment of benefits directly to a health care provider, if any, shall be done as a
convenience to the covered person and shall not constitute an assignment of benefits
under the Plan or ERISA. Notwithstanding the foregoing, the Plan will recognize the
assignment of rights of benefits to an alternate recipient as required by any qualified
medical child support order within the meaning of ERISA Section 609(a).
COORDINATION OF BENEFITS
The following coordination of benefits (“COB”) applies unless a different COB rule is
contained in the booklets provided by the insurance carriers or third-party administrators.
The Plan coordinates the medical benefits available under the Plan with comparable
benefits that a participant or his or her dependents may have under other insurance. In
no event will payment from the Plan, when combined with benefits available under other
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insurance, exceed one hundred percent (100%) of the amount payable under the Plan.
If the Plan’s benefit coverage is secondary and such coverage is self-insured, the general
rule is that the Plan will in no event pay a benefit that would cause the maximum benefit
paid under all plans to be more than the benefit that would have been paid by this Plan
has this Plan been the primary. If the Plan’s benefit coverage is secondary and such
coverage is fully insured, the general rule is that the maximum benefit will be the
maximum amount payable by the primary carrier or the participant’s liability, whichever is
less.
Any coverage under a jointly trusted plan or other welfare plan, employer
organization plan, employee benefit organization plan or other arrangement for
benefits for individuals of a group.
Any coverage under any governmental program, including, but not limited to,
worker’s compensation, occupational disease or similar programs, or coverage
afforded on account of a participant or dependent’s service in any branch of the
armed forces; provided, however, that such coverage shall not be deemed other
insurance coverage for purposes of coordination of benefits if federal or state law
mandate that the Plan provide primary coverage.
The primary carrier, whether the Plan or other insurance, shall be the payer of all medical,
dental and prescription drug benefits.
The other insurance shall be the primary carrier when it is the primary carrier under the
terms of that Plan or does not include provisions for the coordination or nonduplication of
benefits.
In determining whether such group insurance is the primary plan, the following rules and
regulations shall apply:
The insurance plan covering the patient other than as dependent, retiree, COBRA
participant, etc., will be deemed the primary plan.
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Except for situations where the parents of a child are separated or divorced, if both
the Plan and other insurance cover a dependent child, the primary carrier will be
the plan of the parent whose birthday falls first during the calendar year. If the
birthday of both parents occurs on the same day or if the other insurance does not
follow the “first birthday” coordination rule, the plan which has covered the
dependent child for the longer period of time will be the primary plan.
The insurance plan covering the patient for the longest period of time will be
deemed the primary plan.
If the parents are living separate and apart or are divorced, the determination about which
plan is primary will be made as follows:
A court decree may determine the primary plan. You should advise the Company
and your Participating Employer of any court decree. (You should also refer to the
summary of the Plan’s rules regarding Qualified Medical Child Support Orders as
described below.)
If there is not a court decree which establishes financial responsibility for the health
care expenses of the dependent child, the plan which covers the child as a
dependent of the parent with the custody on the date the services were rendered
will be deemed the primary plan.
If the parent with custody of the child has remarried, the stepparent’s plan will pay
for covered services before the Plan of the parent without custody.
Under no circumstances will the Plan pay any benefits as primary plan when a participant
or a dependent has elected to make the Plan the primary plan by paying a reduced
premium to his motor vehicle insurance carrier. Where an injury is caused by an accident
for which the individual is required by state law to carry automobile insurance, the
coverage under this Plan is secondary and the automobile insurance is responsible for
paying the charges for that injury first.
The participant’s spouse is not required to purchase coverage through his or her employer
if the spouse is required to pay the entire premium for the coverage. The Company may
implement rules and regulations regarding the level of co-payment for employer-provided
insurance required of a participant’s spouse under this provision. Notwithstanding any
other provision, if the participant and his spouse are employed by a Participating
Employer, the spouse will not be treated as having waived employer-provided coverage
if she/he is covered as a dependent under this Plan.
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cover a child who is not in your custody, you may do so. To be qualified, a medical child
support order must include:
name and last known address of the parent who is covered under this Plan;
name and last known address of each child to be covered under this Plan;
QMCSOs should be sent to the Plan Administrator. Upon receipt, the Plan Administrator
will review the order to determine if it is qualified and will notify you. If the order is
qualified, your eligible child(ren) will be covered under the Plan. You must be covered
under the Plan in order to cover your child(ren). If you are not enrolled in a medical benefit
option at the time of the order, you will automatically be enrolled in the Anthem MVP (or
the lowest cost ACA-compliant option offered under the Plan, as determined by the Plan
Administrator) benefit option. You will receive a letter confirming you and your
dependent(s) enrollment. You will have thirty (30) days from the effective date of your
coverage to change your medical benefit from the Anthem MVP to another medical
benefit option. You will be required to make contributions to the cost of this coverage
through payroll deductions. You will be required to maintain this coverage for as long as
the QMCSO is in effect. In order to remove a child(ren) from the plan, you will be required
to provide a court order rescinding the original QMCSO.
As a beneficiary covered under the Plan, your child will be entitled to information that the
Plan provides to other beneficiaries under ERISA’s reporting and disclosures rules. You
may receive from the Plan Administrator, without charge, a copy of the Plan’s QMCSO
procedures.
As a participant in the Plan, you are entitled to certain rights and protections under ERISA,
which provides that all participants will be entitled to:
Obtain copies of all Plan documents and other Plan information upon written
request to the Plan Administrator. The Plan Administrator may make a reasonable
charge for the copies.
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Receive a summary of the Plan’s annual financial report. The Plan Administrator
is required by law to furnish each employee who is a participant with a copy of the
summary annual report.
Continue health care coverage for yourself, spouse or dependents if there is a loss
of coverage under the Plan as a result of a qualifying event. You or your
dependents may have to pay for such coverage. Review this summary plan
description and the documents governing the Plan on the rules governing your
COBRA continuation coverage rights.
If your claim for a benefit is denied or ignored, in whole or in part, you have a right to know
why this was done, to obtain copies of documents relating to the decision without charge,
and to appeal any denial, all within certain time schedules.
Under ERISA, there are steps you can take to enforce the above rights. For instance, if
you request materials from the Plan and do not receive them within 30 days, you may file
suit in a Federal court. In such a case, the court may require the Plan Administrator to
provide the materials and pay you up to $110 a day until you receive the materials, unless
the materials were not sent because of reasons beyond the control of the Plan
Administrator. If you have a claim for benefits which is denied or ignored, in whole or in
part, you may file suit in a state or Federal court. In addition, if you disagree with the
Plan’s decision or lack thereof concerning the qualified status of a medical child support
order, you may file suit in a Federal court. If it should happen that the Plan fiduciaries
misuse the Plan’s money, or if you are discriminated against for asserting your rights, you
may seek assistance from the U.S. Department of Labor, or you may file suit in a Federal
court. The court will decide who should pay court costs and legal fees. If you are
successful, the court may order the person you have sued to pay these costs and fees.
If you lose, the court may order you to pay these costs and fees, for example, if it finds
your claim is frivolous.
If you have any questions about your Plan, you should contact the Plan Administrator. If
you have any questions about this statement or about your rights under ERISA, you
should contact the nearest office of the Employee Benefits Security Administration, U.S.
Department of Labor, listed in your telephone directory or the Division of Technical
Assistance and Inquiries, Employee Benefits Security Administration, U.S. Department of
Labor, 200 Constitution Avenue NW, Washington, D.C. 20210. You may also obtain
certain publications about your rights and responsibilities under ERISA by calling the
publications hotline of the Employee Benefits Security Administration.
The following provisions permit the Plan to disclose your protected health information
(“PHI”), as defined in HIPAA, to the Plan Sponsor to the extent that such PHI is necessary
for the Plan Sponsor to carry out its administrative functions related to the Plan.
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Disclosure to the Plan Sponsor. The Plan (or health insurance issuer or HMO
with the Plan’s permission) may disclose your PHI to the Plan Sponsor that is necessary
for the Plan Sponsor to carry out the following administrative functions related to the Plan.
Determine the amount of benefits, if any, you and/or your dependent are entitled
to from the Plan;
Determine or find facts that are relevant to any claim for benefits from the Plan;
The Plan Sponsor may use and disclose your PHI provided to it from the Plan (or
health insurance issuer or HMO) only for the administrative purposes described above.
Limitations and Requirements Related to the Use and Disclosure of PHI. The
Plan Sponsor agrees to the following limitations and requirements related to its use and
disclosure of your PHI received from the Plan:
(a) Use and Further Disclosure. The Plan Sponsor will not use or further
disclose your PHI other than as permitted or required by this document or
as required by law.
(b) Agents and Subcontractors. The Plan Sponsor will require any agents,
including subcontractors, to whom it provides your PHI received from the
Plan to agree to the same restrictions and conditions that apply to the Plan
Sponsor with respect to such information.
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about you, or in connection with any other employee benefit plan of the Plan
Sponsor.
(e) Adequate Protection. The Plan Sponsor will provide adequate protection
of your PHI and separation between the Plan and the Plan Sponsor by:
(1) ensuring that only the Sr. Vice President Global Compensation &
Benefits; Sr. Director, Benefits; Director, Benefits; Manager,
Benefits; Privacy Officer; Deputy Privacy Officer; Supervisor
benefits; Benefits Analyst; Sr. Benefits Specialist; Benefits
Specialist; VP/Deputy General Counsel; Security Officer; Benefits
Administrator, Health & Welfare; and IT support personnel will have
access to your PHI provided by the Plan;
(2) restricting access to and use of your PHI to only the employees
identified above and only for the administrative functions performed
by the Plan Sponsor on behalf of the Plan that are described above;
(3) requiring any agents of the Plan who receive your PHI to abide by
the Plan’s privacy rules; and
a. The Plan will be immediately notified, and the Plan and Plan
Sponsor will work together to remedy the situation and
mitigate any harmful effect resulting from the use or disclosure
of PHI;
c. The Plan and Plan Sponsor will work together to create new
safeguards and procedures so as to prevent a future incident
of noncompliance.
(f) Return or Destruction of PHI. If feasible, the Plan Sponsor will return or
destroy all PHI received from the Plan that the Plan Sponsor maintains in
any form, and retain no copies of such information when no longer needed
for the purpose for which disclosure was made. If such return or destruction
is not feasible, the Plan Sponsor will limit further uses and disclosures to
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(g) Participant Rights. The Plan Sponsor will provide you with the following
rights:
(2) the right to amend your PHI upon request (or the Plan Sponsor will
explain to you in writing why the requested amendment was denied)
and incorporate any such amendment into your PHI; and
(h) Cooperation with HHS. The Plan Sponsor will make its books, records,
and internal practices relating to the use and disclosure of PHI received
from the Plan available to the Department of Health and Human Services
for verification of the Plan’s compliance with HIPAA.
(j) Security Incidents. The Plan Sponsor will report to the Plan any security
incident of which it becomes aware.
Certification. The Plan will disclose PHI to the Plan Sponsor only upon receipt of
a Certification by the Plan Sponsor that this Plan document has been amended in
accordance with HIPAA, and that the Plan Sponsor will protect the PHI as described
above.
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By:
Kelly Dunmore
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APPENDIX A
This Appendix A sets forth the eligibility requirements for dependent coverage under the
various components of the Plan.
Except as provided below, the following definitions apply for eligibility purposes:
Spouse – A spouse is the individual to whom you are legally married in accordance
with the laws of any State or foreign jurisdiction. Please note that you may be required
to provide proof of marriage. The Plan Administrator can provide you with additional
information.
Note: Coverage of a same sex spouse may result in state tax consequences.
Neither you nor your partner is legally married to another person or in a civil union
or domestic partnership with another person.
You and your partner are not related by blood to a degree of closeness that would
prohibit marriage in your state of residence.
You and your partner are in a long-term committed relationship that is intended to
be permanent.
You and your partner share a principal residence and intend to do so permanently.
Please note that you may be required to provide either: (1) documentation showing
you are registered with a State or local governmental domestic partner registry or (2) if
there is no State or local government registry, a completed “Affidavit of Domestic
Partnership or Civil Union” (along with the required documentation specified on the
Affidavit). As noted above, some benefits require a State or local governmental
registration. If needed, the Affidavit can be obtained from the Plan Administrator.
In no event may an employee enroll more than one domestic partner for coverage
under the Plan.
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The term Domestic Partner includes a Civil Union. If you are in a Civil Union, you
may be required to provide your Civil Union Certification.
Your dependent child(ren) to age 26 (or older if required by state insurance law)
o who do not provide more than 50% of their own support, and
o who live with you for more than half the year.
You must provide proof of your child’s disability to the claim administrator within
31 days of the disability or the date his or her coverage under the Plan would otherwise
terminate. Your child must have been enrolled in the Allied Universal Health & Welfare
Benefit Plan before the age of 26. Coverage for your child will continue until he or she
recovers, you fail to provide proof when required or requested that the disability continues,
you fail to submit the child to an exam requested to determine whether he or she remains
disabled, or your participation in the plan as an employee ceases, whichever comes first.
a child placed with you and your spouse or your domestic partner for adoption;
a stepchild;
a child of a domestic partner (provided that you have completed and signed an
Affidavit of Domestic partnership); or
a child for whom you are the legal guardian including foster children.
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The following individuals are eligible dependents for medical, dental and vision
coverage:
You.
Your and your spouse’s natural children, step- children. Legally adopted children
or children placed for adoption who are younger than age 26 or
The Health Care Flexible Spending Account (“Health Care FSA”) can be used to
reimburse medical expenses incurred by the following individuals:
you,
your spouse,
your child, stepchild, legally adopted child (or a child placed with you for adoption)
or foster child who has not attained age 27 as of the close of the year,
For this purpose, a “qualifying child” is a child who meets the following
requirements:
the child is your child, adopted child, stepchild, foster child, grandchild,
brother, stepbrother, sister, stepsister, niece or nephew
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the child lives with you for more than one-half of the year;
the child has not attained age 19 as of the close of the year (has not attained
age 24 as of the close of the year in the case of a child who was a full-time
student for at least five months of the year) (Note: These age limits do not
apply in the case of a child who is permanently and totally disabled), and
the child does not provide over one-half of his or her own support for the
year.
For this purpose, a “qualifying relative” is an individual who meets the following
requirements:
the individual is your child, adopted child, stepchild, foster child, grandchild,
parent, grandparent, brother, stepbrother, sister, stepsister, niece, nephew,
aunt, uncle, son-in-law, daughter-in-law, mother-in-law, father-in-law,
brother-in-law or sister-in-law (Note: this requirement is also met if the
individual does not have one of these specified relationships to you, but the
individual lives with you and the relationship between you and that individual
is not in violation of local law);
you provide over one-half of the individual’s support for the year; and
the individual is not a qualifying child (as defined above) of you or any other
taxpayer for the year.
For purposes of any requirement above that a child live in your household, temporary
absences due to special circumstances, including absences due to illness, education,
business, vacation or military service are not treated as absences.
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The Dependent Care Flexible Spending Account can be used to reimburse day care
expenses for any of the following individuals:
your child, grandchild, brother or sister who is under age 13, who resides in your
household for more than one-half of the year and who does not provide more than
one-half of his or her own support for the year;
a disabled spouse who resides in your household for more than one-half of the
year; and
Special Rule for Children of Divorced or Separated Parents Applicable to Dependent Care
FSA
For purposes of Dependent Care FSA coverage, in the case of a child who receives over
one-half of his or her support during the calendar year from his or her parents (i) who are
divorced or legally separated under a decree of divorce or separate maintenance, (ii) who
are separated under a written separation agreement, (iii) who lived apart at all times
during the last six months of the year, and (iv) where such child is in the custody of one
or both parents for more than one-half of the year, such child will be a qualifying
dependent with respect to the custodial parent even if the non-custodial parent is entitled
to claim the dependency exemption for the child on his or her federal tax return. The
noncustodial parent cannot treat the child as a qualifying dependent even if that parent is
entitled to claim the child as a dependent on his or her federal tax return. Contact your
tax advisor or refer to IRS Publication 503 (Child and Dependent Care Expenses) for
more information.
Except that your dependent children are covered even if they do not reside with
you.
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Spouse life insurance coverage can be purchased for your lawful spouse or qualified
domestic partner.
Child(ren) life insurance coverage can be purchased for your unmarried dependent child
up to 26 years of age.
“Child” includes natural, step, child of a qualified domestic partner, legally adopted
children (or those placed for adoption) and children for whom you are legal guardian.
You.
Your and your spouse’s natural children, step- children. Legally adopted children
or children placed for adoption who are younger than age 26 or
You.
Your and your spouse’s natural children, step- children. Legally adopted children
or children placed for adoption who are younger than age 26 or
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Voluntary Critical Illness Coverage can be purchased for the following individuals:
You.
Your and your spouse’s natural children, step- children. Legally adopted children
or children placed for adoption who are younger than age 26 or
You.
Your and your spouse’s natural children, step- children. Legally adopted children
or children placed for adoption who are younger than age 26 or
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APPENDIX B
BENEFIT OPTIONS
The following is a general breakdown of benefits by position and the manner in which
those benefits are paid for. However, as noted earlier, the benefits available to any given
employee depend on a number of factors, such as client contract requirements, collective
bargaining agreements or the terms of any post-transaction benefit integration
determinations made in connection with certain business transactions (such as the
acquisition of a new company) or you may work for an employer that has different rules
for its employees. The benefits available to you and your dependents will be set forth on
the benefit enrollment website when you log on to enroll for benefits at
https://ehub.aus.com/oe.
Administrative Employees
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Service Professionals
If you waive Medical, Dental, Vision and STD coverage under the Plan, your Employer
will make a contribution to your 401(k) account. Please refer to the Welcome Letter
provided in your Boon coverage enrollment materials for more information on the wavier
process.
Medical (with Prescription Drug), Dental and Vision Insurance for Before-tax
employee plus dependents
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APPENDIX C
Health Care FSA (Administrative Employees only): The Health Care FSA may be
used to pay any health care expense that would qualify for a medical deduction under
IRS rules, with the exception of premiums paid for other health plan coverage (including
Medicare or plans maintained by the employer of your spouse or dependent) and certain
long-term care expenses. Generally, the expenses covered must be “medically
necessary” or prescribed by a licensed physician to qualify. Health care expenses
reimbursed through your Health Care FSA cannot be claimed as an additional deduction
for income tax purposes. Expenses must be incurred on behalf of you, your spouse or
any dependent with respect to whom you are entitled to claim a deduction on your federal
income tax return.
Eligible Expenses. Sample health care expenses include, but are not limited to:
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Refer to IRS Publication 502, “Medical and Dental Expenses,” for more information
regarding eligible and ineligible medical expenses.
Qualifications for Dependent Care FSA. You qualify to use this account if:
To be eligible to use this account, you must be actively working during the time your
eligible dependent(s) is (are) receiving care.
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In a dependent care center or a child care center (if the center cares for more than
six (6) children, it must comply with all applicable state or local regulations); or
By a housekeeper whose services include, in part, providing care for an eligible
dependent.
Day camp
To make sure your situation and the type of care being provided meets IRS requirements,
refer to IRS Form 2441 and IRS Publication 503, “Child and Dependent Care Expenses.”
In addition, you should know that if you use a dependent care provider inside your home,
you may be considered the employer of that individual and may be responsible for
withholding and paying employment taxes. For more information, refer to IRS Publication
926, “Employment Taxes for Household Employees.” These forms and publications
should be available at your local post office or public library.
Overnight camp;
Activity fees;
School transportation;
Schooling in the first grade and beyond;
Pre-first grade schooling that can be separated from the cost of care;
Expenses incurred for an individual who does not meet the definition of “Qualifying
Relative” above; and
Any expenses that would also qualify as medical expenses under federal law.
$5,000 ($2,500 if you are married and filing separate federal income tax returns);
Your annual income; or
Your spouse’s annual income.
If your spouse is (1) a full-time student for at least five months during the year or (2)
physically and/or mentally handicapped, there is a special rule to determine his or her
annual income. To calculate the income, determine your spouse’s actual taxable income
(if any) earned each month that he or she is a full-time student or disabled. Then, for
each month, compare this amount to either $250 (if you claim expenses for one
dependent) or $500 (if you claim expenses for two or more dependents). The amount
you use to determine your spouse’s annual income is the greater of the actual earned
income or these assumed monthly income amounts of either $250 or $500. By making
an election under the Plan to contribute to a Dependent Care FSA, you are representing
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to your Participating Employer that your contributions to the Account are not expected to
exceed these limits.
If you are married and filing separate federal income tax returns, the $2,500 limit
described above will not apply if you are (1) legally separated or (2) your spouse did not
reside with you for the last six (6) months of the calendar year, you maintained a
household that was your dependent’s primary residence for more than six (6) months
during the year and you paid more than half of the expenses of that household.
To qualify for tax-free treatment, you are required to list on your federal income tax return
the names and taxpayer identification numbers of any person who provided you with
dependent care services during the calendar year for which you have claimed a tax-free
reimbursement. The identification number of a care provider who is an individual and not
a care center is that individual’s social security number. Your care provider should be
made aware of this reporting requirement.
Nondiscriminatory Benefits. Under federal tax law, benefits under the Dependent Care
FSA cannot discriminate in favor of highly compensated employees. In order to meet this
requirement, it may be necessary to limit pre-tax contributions made by highly
compensated employees. You will be notified if your contributions will be affected in this
manner.
Federal Dependent Care Tax Credit. Dependent care expenses for which you are
reimbursed from your Dependent Care FSA will not qualify for the federal tax credit
available with respect to dependent care expenses. Under the Internal Revenue Code,
you are entitled to a dollar-for-dollar credit against your income tax liability in an amount
equal to a specified percentage of your qualifying dependent care expenses. For
purposes of the credit, there are limitations on the dollar amount of qualifying dependent
care expenses that can be taken into account. These limitations are reduced dollar for
dollar by dependent care expenses reimbursed under the FSA. In addition, these
expenses cannot be taken into account to the extent they exceed the lesser of your or
your spouse’s earned income.
Therefore, you must determine whether it is more advantageous for you not to establish
a Dependent FSA in order to avail yourself of the federal tax credit. In making this
determination, it is important to consider that the amount of compensation you elect to
reduce under the Plan is not only not subject to federal income tax, but also is not subject
to Social Security withholding tax (FICA).
As a general rule, depending upon your particular situation, paying for qualifying
dependent care expenses through compensation reduction under the Dependent Care
FSA will produce greater tax savings the higher your income level. If you are not certain
as to what extent, if any, it is to your advantage to participate in the Plan, you
should consult your personal tax advisor.
Federal Earned Income Credit. Another tax credit available under current tax law is the
earned income credit. This credit also reduces dollar-for-dollar the federal tax you have
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to pay, but is calculated somewhat differently from the child care credit described above.
The credit is available to individuals with a child who is under age 19 (under age 24 if a
student) or who is totally and permanently disabled. An additional credit is available to
individuals with a child who is under one year old. The credit does not depend on the
amount you pay in child care expenses. The earned income credit has no effect on the
amount you can contribute under the Dependent Care FSA for dependent care expenses,
and the earned income credit cannot be claimed for any individual for whom you claim
the child care credit described above. Moreover, the use of the Dependent Care FSA
may result in a reduction in your taxable income thus qualifying you for the earned income
credit where you would not otherwise have qualified.
How to File for Reimbursement from the FSAs. When you want to be reimbursed for
expenses, you must submit the appropriate claim forms and supporting documentation to
PayFlex for Health Care FSA and Dependent Care FSA. There is no minimum amount
required for a release of a check for reimbursement. Direct deposit is available as well.
These forms are available from PayFlex, the third party administrator, and must be
accompanied by a copy of your bill, invoice or receipt – which includes: the name and
tax ID number of the provider of service/product; the date service/product was provided;
the type of service/product; your out-of-pocket expense for the service/product (amount
not covered or reimbursed elsewhere); the name of employee or dependent for whom the
service/product was provided – together with any additional documentation that the
Company or your Participating Employer may request to support your claim. Claims are
paid on a daily basis or reasonably soon thereafter. Remember, an incomplete claim
form increases the amount of time required to send you your reimbursement check.
Expenses under the Health Care FSA will be reimbursed in full up to the amount of your
yearly election, less any claim amounts previously reimbursed. Expenses under the
Dependent Care FSA will be reimbursed only up to your current account balance.
For the Health Care FSA, expenses are treated as having been incurred when the
participant is provided with the medical care that gives rise to the expenses and not when
the participant is formally billed, charged or pays for the medical care. For the Dependent
Care FSA, expenses are treated as being incurred when the dependent is provided with
the services that give rise to the expenses and not when the participant is formally billed,
charged or pays for the dependent care services.
Health Care FSA Debit Card - When you enroll in the Health Care FSA, you will receive
a debit card that can be used to purchase services and products that are reimbursable
through your Health Care FSA. The debit card can be used to pay for office visit co-
payments, deductibles, non-covered services, prescription drugs, etc. Just as when you
file claims manually, the full amount of your annual Health Care FSA balance is available
through the debit card. It is important that you keep all receipts from Health Care FSA
debit card transactions as you may be asked to submit the receipts after the transaction
in order to meet IRS claim filing guidelines. If you are unable to provide adequate or
timely substantiation as requested by the Plan, you must repay the Plan for the
unsubstantiated expense. In addition, your usage of the card may be terminated.
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Note: Do not discard your Health Care FSA Debit Card if you use all of your Health Care
FSA funding. The card will be updated with new elections in subsequent years up to the
expiration date listed on the card. If your Health Care FSA Debit Card is ever lost or
stolen, please contact PayFlex for a replacement card. A charge may be incurred for the
replacement card. You may also request additional cards for your spouse and your
dependents (18 years of age or older) by contacting PayFlex.
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APPENDIX D
BENEFIT PROVIDERS
Anthem Blue Cross Life and Health Insurance Company (other than Anthem Platinum)
P.O. Box 54159
Los Angeles, CA 90054
833-516-1002 (other than Anthem MVP)
833-632-0248 (Anthem MVP)
www.anthem.com
Express Scripts (Prescription Drug Coverage for self-insured Anthem medical plans)
P.O. Box 66583
Saint Louis, Mo 63166-6583
844-583-7037
www.express-scripts.com/allieduniversal
Anthem Blue Cross Life and Health Insurance Company (Anthem Platinum)
P.O. Box 54159
Los Angeles, CA 90054
833-516-1002
www.anthem.com
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Cigna
900 Cottage Grove Road
Bloomfield, CT 06002
800-224-6224
www.cigna.com
Kaiser Permanente
S. CA: P.O. Box 7004
Downey, CA 90242-7004
N. CA: P.O. Box 12923
Oakland, CA 94604-2923
800-464-4000
www.kp.org
Kaiser Hawaii
711 Kapiolani Blvd.
Honolulu, HI 96813
800-966-5955
www.kp.org/hawaii
Kaiser Washington
601 Union Street, Suite 3100
Seattle, WA 981010-1374
888-901-4636
www.kp.org/wa
CIGNA
P.O. Box 188037
Chattanooga, TN 37422-8037
800-244-6224
www.mycigna.com
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EyeMed
4000 Luxottica Place
Mason, OH 45040
866-800-5457
www.eyemed.com
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The Company or a Participating Employer has contracted with New York Life to provide
all EAP services under the Plan. Benefits are paid entirely by New York Life and
guaranteed under the agreement.
Third Party Administrator for Health Care FSA and Dependent Care FSA and Health
Savings Account
PayFlex
P.O. Box 4000
Richmond, KY 40476-4000
888-678-8242
www.payflex.com
Aflac
Continental American Insurance Co.
P.O. Box 84075
Columbus, GA 31993
800-433-3036
www.aflacgroupinsurance.com
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SRC/Aetna Claims
P.O. Box 14079
Lexington, KY 40512-4079
1-866-337-8417
Aetna
c/o The Boon Group (Life & AD&D Claims)
P.O. Box 9788
Austin, TX 78766
The Company or a Participating Employer has contracted with Aetna to provide all life
insurance and AD&D benefits and claims services under the Plan. Benefits are paid
entirely by Aetna and guaranteed under the agreement. Claims are filed with The Boon
Group at the address above.
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Recordkeeper
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APPENDIX E
PARTICIPATING EMPLOYERS
(As of January 1, 2023)
75
Certificate Of Completion
Envelope Id: EEDB9F334D7D45CF87CD7DE79182903F Status: Completed
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online documents will be that transactions may take a longer time to process..
The minimum system requirements for using the DocuSign system may change over time. The
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Until or unless you notify Morgan, Lewis & Bockius LLP as described above, you
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