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HomeMy WebLinkAbout840077.tiff RESOLUTION RE: APPROVAL OF WELD COUNTY DENTAL ASSISTANCE MASTER PLAN DOCUMENT WITH JAMES BENEFITS AND AUTHORIZATION FOR CHAIRMAN TO SIGN WHEREAS , the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, James Benefits has submitted the Master Plan concerning a Dental Assistance Program for the benefit of Weld County employees , and WHEREAS, said program shall become effective January 1 , 1985 , with the further terms and conditions as being stated in the Master Plan Document, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, after study and review, the Board deems it advisable, and in the best interests of Weld County employees, to approve said Dental Assistance Program. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Master Plan Document concerning a Dental Assistance Program for Weld County employees be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be,and hereby is, authorized to sign said document 840077 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of December, A.D. , 1984 . ty, BOARD OF COUNTY COMMISSIONERS ATTEST: 142.1,E Q((p/btAot r,.i WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF SIGNING - AYE and Clerk to the Board Norman Carlson, Chairman 15-Yl<?wc�J C€) c i e� 7ohnson, Pro-Tem ,uty County erk �/ APPROVED AS TO FORM: fie Pro-Tern , puty County erk APPROVED AS TO FORM: en R Brant O )a arls� C.e.-42 County Attorney ,, •T t4S J n ,�T. Martin WELD COUNTY DENTAL ASSISTANCE PROGRAM MASTER PLAN DOCUMENT Effective January 1, 1985 i.. TABLE OF CONTENTS Page DENTAL ASSISTANCE PROGRAM SUMMARY OF BENEFITS 1 DEFINITIONS 2 DENTAL EXPENSE BENEFIT 8 DENTAL LIMITATIONS 10 HOW TO FILE A CLAIM 12 RELEASE OF INFORMATION 13 PAYMENTS 13 CLAIMS PAYMENTS MADE IN ERROR 13 RECOVERY AND SUBROGATION 13 LEGAL ACTIONS 14 PROOFS OF LOSS/TIMELY SUBMISSION OF CLAIMS 14 FACILITY OF PAYMENT 14 PROCESS IN CASE OF DISPUTED CLAIM 14 CONVERSION PRIVILEGE 15 AUTO NO-FAULT PROVISION 16 SIGNATURE PAGE 17 MPD39/WELD-3 DENTAL ASSISTANCE PROGRAM Weld County agrees to provide for employees during continuance of this Program, the benefits hereinafter described, in the event they and/or their eligible dependent(s) incur dental expenses covered by this Program. The Program is subject to all the terms, provisions and conditions recited on following pages hereof. Weld County has caused this Program to take effect as of 12:01 A.M. , Mountain Time, on January 1, 1985, at Greeley, Colorado. MPD39/WELD - i - SUMMARY OF DENTAL BENEFITS FOR ACTIVE EMPLOYEES AND DEPENDENTS WELD COUNTY Maximum Benefits Annual $500 per Covered Person and/or family per Calendar Year. Deductible Not applicable Copayment Class I Preventative 100% of Covered Expenses Incurred. Class II Restorative/Endodontic/ 50% of Covered Expenses Incurred. Prosthodontic Reimbursement under this Plan will De made only after the Covered Person has paid the bill in full . MPD39/WELD - 1 - DEFINITIONS Terms as used herein shall be deemed to define terms that may be used in the wording of the Plan Document. These definitions shall not be construed to pro- vide coverage under any benefit unless specifically provided. GENERAL DEFINITIONS Age Discrimination - Subject to any changes in the Social Security Act, all active employees age 65 and over (up to 70 years of age) are entitled to the same and/or equal benefits that they had prior to age 65. Amendment is a formal document changing the provisions of the Program and signed by the representatives of Weld County. Amendments apply to all Covered Persons, including those persons who are covered before the amendment becomes effective, unless otherwise specified. Calendar Year is the twelve (12) month period beginning on each January 1st and ending on the following December 31st. Common-Law Marriages - In order for an employee of Weld County to be eli- gible for dependent medical coverage, the common-law marriage must be recognized by the state in which the employee resides. Contract Administrator shall mean the person or firm employed by the Program Administrator who is responsible for the processing of claims and payment of benefits, administration, accounts, reporting and other services contracted for by Weld County. Employer shall refer to Weld County. Medicare - Title XVIII (Health Insurance for the Aged) of the United States Social Security Act as amended. Program shall refer to the benefits and provisions as described herein for payment. Program Administrator - Weld County Program Year is the twelve (12) month period beginning on each January 1st and ending the following December 31st. Subrogation - The transfer of one' s liabilities for another's; in this case the temporary assumption of the claimant' s liabilities by the Program prior to repayment by the party of primary liability. This Program contains a subrogation clause and the claimant is obligated to obtain any monies avail- able from third parties to reduce the Program's claim losses. MPD39/WELD - 2 - DENTAL DEFINITIONS Covered Expense - includes only those Usual , Customary, and Reasonable charges made for medical services and supplies which most Physicians would consider to be necessary for treatment of an Injury or Illness. Dentally Necessary - any service or supply for treatment or diagnosis of dental disease or Injury which is ordered by the attending Dentist and consistent with the Injury or disease of the Covered Person. Diagnostic Charges means the actual cost charged for X-ray or laboratory examinations of the Covered Person or his/her dependent which are made or recommended by a Dentist for diagnostic purposes. Expense Incurred means only the fees and prices regularly and customarily charged for the dental services and supplies generally furnished for cases of comparable nature and severity in the particular geographical area con- cerned. Any agreement as to fees or charges made between the individual and the Dentist shall not bind the Program Administrator in determining its liability with respect to Expense Incurred. Expense Incurred is deemed to be incurred on the date on which the service or supply is rendered or except that such charge will be deemed incurred: 1. with respect to fixed bridgework, crowns, inlays, onlays or gold restorations, on the first date of preparation of the tooth or teeth involved, 2. with respect to full or partial dentures, on the date the impression was taken, and 3. with respect to endodontics, on the date the tooth was opened for root canal therapy. HIAA Prevailing Charge Study is The Health Insurance Association of America Schedule and shall be the basis for claim reimbursement at "Usual , Customary and Reasonable" levels, applied to the particular zip-code area where the procedure is performed. Illness shall mean bodily sickness or disease, psychiatric disorders, and in the case of a newborn child, congenital abnomalities that is medically diagnosed and treated by a Physician (Dentist). Injury is a condition which results independently of Illness and all other causes, and is a result of an externally violent force. Period of Disability for a Covered Employee as it applies to an individual , means all periods of disability arising from the same cause, including any and all complications therefrom except that if the individual completely recovers or returns to active full-time employment, any subsequent period of disability from the same cause shall be considered a new disability. MPD39/WELD - 3 - For a Covered Dependent, the term "Period of Disability", means all periods of disability arising from the same cause including any and all complica- tions therefrom, except that if the dependent re-covers for a period of three months and throughout such period is capable of resuming the normal activities of a person in good health and of the same age and sex, any • subsequent period of disability from the same cause shall be considered a new period of disability. Total Disability shall mean that the Covered Employee is prevented, solely because of a non-occupational Injury or non-occupational disease, from engaging in the employee' s regular or customary occupation and is performing no work of any kind for compensation or profit, or if a Covered Dependent is prevented, solely because of a non-occupational Injury or non-occupational disease, from engaging in all of the normal activities of a person of like age and sex in good health. Usual , Customary and Reasonable: a. The Usual charge is the most consistent charge by a Physician or pro- vider of service to patients for a given service. b. The charge is Customary when it is within the range of usual charges for a given service billed by most Physicians or providers of service with similar training and experience. c. A charge is Reasonable when it meets the customary criterion as deter- mined by the Contract Administrator; or it may be Reasonable if, upon review, it merits special consideration based on the nature and extent of treatment of the particular case. NOTE : The 90th percentile of HIAA will be used as a basis for Usual, Customary and Reasonable as it refers to the actual amount of fees charged. PROVIDER DEFINITIONS Hospital means only an institution constituted and operated pursuant to law, engaged in providing on an out-patient basis at the patient' s expense, diagnostic and therapeutic facilities for the surgical and medical diagno- sis, treatment and care of injured and sick individuals, by or under the supervision of a licensed Physician; and providing 24-hour-a-day services by registered nurses. The term "Hospital " shall not include an institutional part thereof, which is other than incidentally a place for rest, a place for the aged, or a place for drug addicts. However, an institution specializing in the care and treatment of mentally ill patients which would qualify under this definition as a Hospital , except solely for the fact that it lacks organized facilities on its premises for major surgery, shall nevertheless be deemed a Hospital under the Plan with respect to room and board charges only. MPD39/WELD - 4 - Physician is a person acting within the scope of his/her license and holding the degree of Doctor of Dental Surgery (D.D.S. ), or Doctor of Medical Dentistry (D.M.D. ), who is legally entitled to practice dentistry in all its branches under the laws of Colorado, or under the laws of the State or jurisdiction where the services are rendered. For the purposes of this policy, the term Physician shall also include a Doctor of Medicine (M.D. ) or Doctor of Osteopathy (D.O. ) who is licensed to perform the particular dental service rendered. PARTICIPATION DEFINITIONS Active Service - An employee will be considered in Active Service with the Employer on a day which is one of the Employer 's scheduled work days if the employee is performing in the customary manner all of the regular employment duties with the Employer on a full-time basis on that day, either at one of the Employer's business establishments or at some location to which the Employer 's business requires travel . An employee will be considered in active service on a day which is not one of the Employer ' s scheduled work days only if the employee was performing in the customary manner all of the regular employment duties on the preceding scheduled work day. A dependent will be considered in active service on any day if the dependent is then engaging in all the normal activities of a person in good health of the same age and sex, and is not confined in a medical facility. (This does not apply to a newborn). Contribution shall mean the amount payable by the Employer or the amount payable by the Employer/employee jointly for participation in the benefits of the Plan. Covered Dependents shall be those who are eligible as provided herein and enrolled by a Covered Employee. Covered Dependents shall be the spouse of the Covered Employee; and children from birth to age 19, to age 23, if a registered student at an accredited college, vocational school , or univer- sity on a full-time basis, provided such children are unmarried, and dependent upon the Covered Employee for support and maintenance. The term "children" shall include natural children, adopted children, foster children and step children who depend upon the employee for support and maintenance. • No employee will oe considered as both a dependent and as an employee. If an employee and spouse are both eligible employees, either may have depen- dent coverage for eligible children, but not both. Covered Dependent shall also include a dependent child after age nineteen provided the child is (1) incapable of self-sustaining employment by reason of mental or physical handicap, (2) chiefly dependent upon the Covered Employee and/or the Covered Employee's spouse for support and maintenance, and (3) has been continuously covered by the Program prior to his/her nine- teenth (19th) birthday. MPD39/WELD - 5 - Proof of such incapacity and dependency must be furnished to the Program Administrator by the Covered Person within the thirty-one (31) days prior to the child 's nineteenth(19th) birthday. The Program Administrator may require, at reasonable intervals, subsequent proof of the child's disabi- lity and dependency. Covered Employee is a regular full-time employee of Weld County who is working an average of thirty-two (32) hours per week and has been enrolled in the Program. Covered Person is a Covered Employee or a Covered Dependent. Eligibility and Effective Dates - A Covered Person shall become effective as follows: a. Covered Employees shall become effective on the first of the month following the first full month's pay period. b. Dependents shall be covered simultaneously with employees covering them as dependents, provided they are not confined in a Hospital on the effective date. Coverage for newborn children will begin from birth. However, they need to be formally enrolled and appropriate coverage arranged within thirty-one (31) days from birth for coverage to be effective thereafter. c. For dependents (as stated in a and b above) who are not enrolled within this thirty-one (31) day period, and for whom coverage is subsequently desired, a health questionnaire showing evidence of insurability will be required. Coverage will begin on the date of approval of the Contract Administrator. d. An open-enrollment period will be scheduled in November of each year. e. In addition, such a Covered Person will not be effective unless on the date of Eligibility the Person is in Active Service as dis- cribed herein, otherwise his/her effective date will be deferred until return to Active Service. Termination of Coverage - A Covered Person ' s coverage shall automati- cally terminate on the earliest of the following dates: a. The date the employee ceases to be a member of the classes of per- sons eligible for employee coverage. b. The date the employee enters into full-time military or similar service of any country or subdivision thereof, except an employee who is a member of a military reserve unit shall not be considered on full-time military duty. MPD39/WELD - 6 - c. The date of termination of employment of the employee with the Employer. d. The date of termination of the Plan. e. The end of the month when Contributions cease. Pre-existing Condition - New Employees or Covered Persons becoming eligible on or after January 1, 1985 will not be entitled to covered dental expenses that are incurred as the result of an Injury or Illness for which the Covered Person has consulted with a Dentist or received any dental care or services within the three month period immediately preceeding the effective date of coverage, unless incurred after the expiration of a period of ninety (90) days of continuous coverage under the Program. Late Entrants - Employees or dependents not enrolled within thirty-one (31) days following their eligibility date, or, in the case of newly acquired dependents, within thirty-one (31) days of such acquisition, must provide evidence of good health satisfactory to the Program Administrator. Coverage will begin on the date of approval by the Program Administrator. An open enrollment will be conducted each year during the month of November. Enrollment during this month will not require evidence of good health. Personal Leave of Absence - Properly enrolled employees of the Employer may continue, at their expense, health coverage for themselves and/or their dependents while on an approved Personal Leave of Absence for the period indicated by the Employer ' s personnel policy. Medical Leave of Absence - When a Physician requires that a Covered Person not return to work, benefits will be continued for a period not to exceed the length of time accrued under said employee' s sick leave plan, or grants of sick days from the Weld County Sick Leave Bank, plus 31 days, provided the Covered Person makes the required contribution to the plan which he/she would otherwise be required to contribute. In order to be covered while on Medical Leave of Absence, the employee must be: a. continuously and totally disabled, and b. under the care of a licensed Physician, and c. provide proof of disability satisfactory to the Employer at reasonable intervals upon request. MPD39/WELD - 7 - DENTAL EXPENSE BENEFIT ACTIVE EMPLOYEES AND COVERED DEPENDENTS Coverage Provision If a Covered Person incurs eligible dental expenses, the Program will pay benefits at the Copayment rate as specified in the Summary of Benefits for such expense which is not covered by any other dental coverage, up to the Maximum Benefit as specified in the Summary of Benefits. Maximum Annual Benefits The Maximum Benefit as shown in the Summary of Benefits is the maximum amount of benefits available for any covered family during a Calendar Year, whether or not there has been an interruption in coverage. Conversion Privilege There are no conversion benefits for dental coverage. Covered Dental Expense Covered dental expenses shall mean the following Dentally Necessary charges by a Physician for the prevention of dental disease, treating injured or diseased teeth, and the treatment of supporting bone or tissue, not to exceed the maximum specified in the Summary of Benefits: CLASS I SERVICES Preventative a. Initial and periodic oral examinations - one (1) per Calendar Year separated by at least five (5) months; b. Prophylaxis - one (1) per Calendar Year separated by at least five (5) months; c. Topical application of fluorides, including prophylaxis - one (1) per Calendar Year separated by at least five (5) months; d. Bitewings, as part of a routine exam - one (1) set per Calendar Year separated by at least five (5) months; e. Single films, as part of a routine exam - (up to thirteen [13]); f. Entire denture series, as part of a routine exam - fourteen [14] or more films (no more than one [1] series in a twenty-four [24] consecutive month period); g. Full-mouth x-ray as part of a routine exam h. Consultation with another Dentist. MPD39/WELD - 8 - CLASS II SERVICES a. Dental x-rays to diagnose a symptom b. Space maintainers c. Diagnostic tests or laboratory exams excluding any services for ortho- dontic procedures. d. Microscopic examination; e. Biopsy and examination of oral tissue; f. Emergency or palliative services. g. Extractions, other Oral Surgery and related General Anesthesia not covered by the Health Plan. h. Periodontics i. Endodontics j. Injectable antibiotic drugs when administered by the attending Dentist k. Crowns, inlays and onlays 1 . Repair of crowns, inlays, onlays, bridgework or dentures m. Relining or rebasing dentures n. Prosthodontics _ MPD39/WELD - 9 - DENTAL LIMITATIONS The Plan does not cover: 1. dental care not included in the list of defined eligible expenses; or 2. anything not furnished by a Physician, except X-rays ordered by a Physician, and services by a licensed dental hygienist or dental technician under the Physician 's supervision; nor anything not necessary or not customarily pro- vided for dental care; or 3. services (a) furnished by or for the U.S. Government, or (b) furnished by or for any other government unless payment is legally required, or (c) to the extent provided under any governmental program or law under which the indi- vidual is, or could be, covered; or 4. an appliance, or modification of one, where an impression was made before the patient was covered; a crown, bridge or gold restoration for which the tooth was prepared before the patient was covered; root canal therapy if the pulp chamber was opened before the patient was covered; or 5. services due to an Injury arising from or in the course of any employment other than Weld County, or benefits provided under a Worker 's Compensation Act or similar law; or 6. replacement of lost or stolen appliances; or 7. appliances or restorations for the purpose of splinting, or to increase vertical dimension or occlusion; or 8. any portion of a charge for a service in excess of the Usual, Customary, and Reasonable charge; or 9. charges for services which are not the generally accepted dental practice or service for the condition being treated; or 10. services and supplies provided by any person who ordinarily resides in the Covered Person' s household or who is related to the Covered Person, such as a spouse, parent, child, brother, or sister, whether such relationship exists by blood or in law; or 11. charges a Covered Person would not be required to pay if there were no Plan benefits; or 12. charges for broken appointments or completion of claim forms; or 13. charges for oral hygiene instructions or dietary planning for the control of dental decay; or 14. charges for hospitalization due to dental treatment (see the Medical Plan for additional details); or MPD39/WELD - 10 - 15. expenses for services which were not recommended or prescribed by a Physician; or 16. charges for dental treatment which is experimental in nature or which is not yet approved by the Council on Dental Therapeutics of the American Dental Association; or 17. implants and/or transplants of teeth; or 18. surgical repositioning of jaw; or 19. any Expense Incurred as a result of an act of war, whether declared or undeclared; or 20. any expense that is covered by another dental plan; or 21. any expense that is covered under the Weld County Health Plan; or 22. any expense for treatment of orthodontia and related problems; or 23. any expense for initial installation of bridgework or dentures replacing natural teeth extracted prior to coverage under the Program; or 24. expenses for prosthetic devices and the fitting thereof which were ordered while covered under the program but installed or delivered after termina- nation of coverage; 25. any expenses for duplicate appliances or prosthetic devices. MPD39/WELD - 11 - HOW TO FILE A CLAIM Claim forms can be obtained from the Personnel Office. The Employee Statement on the top of the claim form must be completed in FULL and signed by the employee. After a Covered Person receives treatment by a Dentist as defined herein and pays the bill in full , itemized dental bills and a copy of the paid receipt should be attached to the claim form. The Attending Dentist Statement form should be completed by the appropriate Dentist unless ALL necessary infor- mation is included on the Dentist ' s own form. The completed claim form, the attached bills and the paid receipt should be sent to: Weld County Dental Program c/o James Benefits P.O. Box 987 Wheat Ridge, Colorado 80034-0987 Identification cards and claim forms are available for Plan participants from the Personnel Office of Weld County • MPD39/WELD - 12 - RELEASE OF INFORMATION For the purposes of determining the applicability of and implementing the terms of the provisions of this Program or any similar provision of another plan, the Program Administrator may, without consent of or notice to any individual , release to or obtain from any other insurance company or other organization or individual any information, concerning any individual , which the Program Administrator considers to be necessary for those purposes. Any individual claiming benefits under this Program will furnish to the Program Administrator the information that may be necessary to implement the above provisions. PAYMENTS Whenever payments which should have been made under this Program in accordance with the provisions of this Program have been made under any other plans, the Program Administrator will have the right, exercisable alone and in its sole discretion to pay to any organization making those payments any amounts it determines to be warranted in order to satisfy the intent of the Coordination of Benefit provisions. Amounts paid in this manner will be considered to be bene- fits paid under this Program; and to the extent of these payments, the Employer will be fully discharged from liability under this Program. CLAIMS PAYMENTS MADE IN ERROR If payments in excess of the correct amount due are made, the Program may recover all excess amounts paid. Recovery will be made by reducing or suspending future Program payments, or by requiring the Covered Person to pay back the overpayment in full , or in installments, until the overpayment is reco- vered. RECOVERY AND SUBROGATION . Whenever payments have been made by the Program Administrator in excess of the maximum amount of payment necessary to satisfy the. intent of the Coordination of Benefit provisions, the Program Administrator will have the right to recover excess payment from any individuals, insurance companies or other organizations. In the event of payment in part or in full by this Program of any Expense Incurred for Hospital , surgical , medical , or dental services, and medical supplies for the benefit of a Covered Person or a Covered Dependent, this Program shall be subrogated to the extent of the amount of such payment to all the rights, powers, privileges and remedies of the Covered Person or the Covered Dependent against any person, firm, corporation, organization, plan or other entity regarding the payment of such Expense Incurred. MPD39/'WELD - 13 - BLANK/WELD15 LEGAL ACTIONS No action at law or in equity shall be brought to recover on the Program prior to the expiration of sixty (60) days after written proof of loss has been fur- nished in accordance with the requirements of the Program. No such action shall be brought after the expiration of three (3) years after the time written proof of loss is required to be furnished. PROOFS OF LOSS/TIMELY SUBMISSION OF CLAIMS Written proof of loss must be furnished to James Benefits, in case of claim for loss for which the policy provides any payment, within ninety (90) days after the date of such loss. Failure to furnish such proof within the time required shall not invalidate nor reduce any claim if it was not reasonably possible to give proof within such time, provided such proof is furnished as soon as reason- ably possible; and in no event, except in the absence of legal capacity of the claimant, later than one (1) year from the time proof is otherwise required. Under no circumstances will a claim be honored for payment beyond ninety (90) days following the date coverage terminates. FACILITY OF PAYMENT If, in the opinion of the Program Administrator, a valid release cannot be ren- dered for the payment of any benefit payable under this Program, the Program Administrator may, at its option, make such payment to the individual or indivi- duals as have, in their opinion, assumed the care and principal support of the Covered Person and are, therefore, equitably entitled thereto. In the event of the death of the Covered Person prior to such time as all benefit payments due him/her have been made, the Program Administrator may, at its sole discretion and option, honor benefit assignments, if any, made prior to the death of such Covered Person. Any payment made by the Program in accordance with. the above provision shall fully discharge the Program to the extent of such payment. PROCESS IN CASE OF DISPUTED CLAIM If a Covered Employee has reason to believe a claim has not been settled pro- perly, or a claim has been improperly denied, the following process applies: 1. Contact the Program Administrator in writing to ask for a second review. The claim will be reviewed by the Program Administrator and the Program Administrator ' s consultant servicing the account. If the result of this review is not satisfactory, then: MPD39/WELD - 14 - 2. Request a review in writing from the Personnel Department of Weld County stating in clear and concise terms the reason for disagreement with the handling of the claim. This request must be made within sixty (60) days after receipt of a declination letter from the Program Administrator (James Benefits). Upon receipt of the request, the file will be reviewed and the results of the review will be furnished to the Covered Employee, along with copies of pertinent Program Documents upon which this declination is based. If the Covered Employee still finds the claim is improperly denied per the Program Documents, he/she has a legal right to take whatever appropriate action he/she believes is necessary. CONVERSION PRIVILEGE There are no dental conversion benefits. • MPD39/WELD - 15 - AUTO NO-FAULT PROVISION General Provisions 1. Benefits under this Program will be coordinated in accordance with the provisions of any state or federal law that provides similar benefits through such legislation or No Fault statute. 2. Such policy of insurance shall be deemed a complying policy for purposes of this section. 3. Any available automobile insurance coverage will have primary (first) payment responsibility for all expenses otherwise covered by this Plan. Benefits Payable 1 . When a Deductible is imposed, this Program will pay benefits up to the amount of the Deductible, according to the provisions of this Program, for covered medical-surgical and Hospital services, required by the No Fault statute to be in the Complying Policy. 2. After the Program has paid benefits up to the Deductible, a Complying Policy is then "primary" for payment of all benefits payable under the No Fault statute; and, if more than one Complying Policy is obligated to pay benefits for a Covered Person, then payment of benefits to the extent of the respective maximum No Fault statutory coverages of all the Complying Policies shall occur before this Program shall become liable for payment of any further benefits. 3. When all benefits payable by all applicable Complying Policies shall have been paid, then the Program shall thereupon become liable for payment of covered medical , surgical and Hospital services, according to the provisions of the Program to the extent Expenses Incurred are not payable by a Complying Policy. Benefits payable by a Complying Policy include the benefits that would have been payable had a claim been duly made for such benefits even though the Covered Person waives or fails to assert his/her rights to such benefits. 4. When no Complying Policy covers the claimant, this Program (a) shall pay benefits in accordance with the Program, and (b) shall thereupon be entitled to exercise all applicable rights under the Program and under the applicable state regulations. MPD39/WELD - 16 - The effective date of this Plan Document is January 1 , 1985. IT IS AGREED BY WELD COUNTY that the provisions contained in this Program Document are acceptable and will be the basis for the administration of said Employer' s Employee Benefit Plan described herein. SIGNED AT Weld County, Colorado This 3rd day of December n , 1984. ATTEST`r' ILU.tj 4 . 7- lir✓ Weld Count Clerk and Recorder and Clerk to the Boat' By:: =—yiti, y�v c_, �. By d De uty �ounty 1 r Norman Carlson Chairman, Bd. of County Commissioners Title Weld County, Colorado By Title • MPD39/WELD - 17 - Hello