HomeMy WebLinkAbout20180924.tiffSUMMARY OF THE LIFE AND HEALTH INSURANCE PROTECTION ASSOCIATION ACT
AND NOTICE CONCERNING COVERAGE LIMITATIONS AND EXCLUSIONS
INTRODUCTION
Residents of Colorado who purchase life insurance, annuities or health insurance should know that the
insurance companies licensed in this state to write these types of insurance are members of the Life and
Health Insurance Protection Association. The purpose of this Association is to assure that policyholders
will be protected, within limits, in the unlikely event that a member insurer becomes financially unable to
meet its obligations. If this should happen, the Association will assess its other member insurance
companies for the money to pay the claims of insured persons who live in Colorado and, in some cases, to
keep coverage in force. The valuable extra protection provided by these insurers through the Association
is limited, however. As noted in the box below, this protection is not a substitute for consumers' care in
selecting companies that are well managed and financially stable.
IMPORTANT DISCLAIMER
The Life and Health Insurance Protection Association may not provide coverage for this policy. If
coverage is provided, it may be subject to substantial limitations or exclusions, and require
residency in Colorado. You should not rely on coverage by the Life and Health Insurance
Protection Association in selecting an insurance company or in selecting an insurance policy.
Coverage is NOT provided for your policy or any portion of it that is not guaranteed by the insurer
or for which you have assumed the risk.
Insurance companies or their agents are required by law to give or send you this notice. However,
insurance companies and their agents are prohibited by law from using the existence of the
association to induce you to purchase any kind of insurance policy.
SUMMARY
The state law that provides for this safety -net coverage is called the Life and Health Insurance Protection
Association Act. Below is a brief summary of this law's coverages, exclusions and limits. This summary
does not cover all provisions of the law; nor does it in any way change anyone's rights or obligations under
the act or the rights or obligations of the Association.
Coverage. Generally, individuals will be protected by the Life and Health Insurance Protection Association
if they live in this state and hold a life or health insurance contract, or an annuity, or if they hold certificates
under a group life or health insurance contract or annuity, issued by a member insurer. The beneficiaries,
payees or assignees of insured persons are protected as well, even if they live in another state. Certain
parties to structured settlement annuity contracts may be entitled to coverage benefits as well based on
defined circumstances.
This Information is Provided By:
Life & Health Insurance
Protection Association
P.O. Box 36009
Denver, CO 80236
(303) 292-5022
Colorado Division of Insurance
1560 Broadway
Suite 850
Denver, CO 80202
(303) 894-7499
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2018-0924
/16-ao 32
Exclusions From Coverage. Persons holding such policies or contracts are not protected by this Association
if:
• they are not residents of the State of Colorado, except under certain very specific
circumstances;
• the insurer was not authorized or licensed to do business in Colorado at the time the policy
or contract was issued;
• their policy was issued by a nonprofit hospital or health service corporation, an HMO, a
fraternal benefit society, a mandatory state pooling plan, a mutual assessment company or
similar plan in which the policyholder is subject to future assessments, or by an insurance
exchange.
The Association also does not provide coverage for:
• any policy or portion of a policy which is not guaranteed by the insurer or for which the
individual has assumed the risk;
• any policy of reinsurance (unless an assumption certificate was issued);
• plans of employers, associations or similar entities to the extent they are self -funded or
uninsured (that is, not insured by an insurance company, even if an insurance company
administers them);
• interest rate yields, crediting rate yields or other factors employed in calculating returns,
including but not limited to indexes or other external references stated in the policy or
contract, that exceed an average rate specified in the Association Act;
• dividends;
• experience rating credits;
• credits given in connection with the administration of a policy or contract;
• any unallocated annuity;
• annuity contracts or group annuity certificates used by nonprofit insurance companies to
provide retirement benefits for nonprofit educational institutions and their employees;
• policies, contracts, certificates or subscriber agreements issued by a prepaid dental care
plan;
• sickness and accident insurance when written by a property and casualty insurer as part of
an automobile insurance contract;
• unallocated annuity contracts issued to an employee benefit plan protected under the federal
Pension Benefit Guaranty Corporation;
• policies or contracts issued by an insurer which was insolvent or unable to fulfill its
contractual obligations as of July 1, 1991, except for annuity contracts issued by a member
insurer which was placed into liquidation between July 1, 1991, and August 31, 1991;
• policies or contracts covering persons who are not citizens of the United States;
• any kind of insurance or annuity, the benefits of which are exclusively payable or
determined by a separate account required by the terms of such insurance policy or annuity
maintained by the insurer or by a separate entity.
Limits On Amount Of Coverage. The act also limits the amount the Association is obligated to pay out. The
Association cannot pay more than what the insurance company would owe under a policy or contract. Also,
for any one insured life, no matter how many policies or contracts were issued by the same company, even if
such contracts provided different types of coverages, the Association will pay a maximum of:
• $300,000 in net life insurance death benefits and no more than $100,000 in net cash
surrender and net cash withdrawal values for life insurance;
• for health insurance benefits - $100,000 for coverages not defined as disability, basic
hospital, medical and surgical, or major medical insurance, including any net cash
surrender and net cash withdrawal values; $300,000 for disability insurance; or $500,000
for basic hospital, medical and surgical, or major medical insurance;
• $250,000 in the present value of annuity benefits, including net cash surrender and net cash
withdrawal values; or
• with respect to each payee of a structured settlement annuity, $250,000 in present value
annuity benefits, in the aggregate, including net cash surrender and net cash withdrawal
values; or
• $300,000 for long term care benefits.
The Association shall not be liable to expend more than $300,000 in the aggregate, with respect to any one
life except that with respect to benefits for basic hospital, medical and surgical and major medical insurance,
the aggregate liability of the Association shall not exceed $500,000 with respect to any one individual.
LINE INSURANCE COMPANY OF NORTH AMERICA
1601 CHESTNUT STREET
PHILADELPHIA, PA 19192-2235
(800) 732-1603 TDD (800) 552-5744
A STOCK INSURANCE COMPANY
GROUP POLICY
POLICYHOLDER: Weld County Government
POLICY NUMBER: LK-965458
POLICY EFFECTIVE DATE: January 1, 2018
POLICY ANNIVERSARY DATE: January 1
This Policy describes the terms and conditions of coverage. It is issued in Colorado and shall be
governed by its laws. The Policy goes into effect on the Policy Effective Date, 12:01 a.m. at the
Policyholder's address.
In return for the required premium, the Insurance Company and the Policyholder have agreed to all the
terms of this Policy.
0114,te, Ai. 470.4„
Anna Krishtul, Corporate Secretary Matthew G. Manders, President
TL -004701 O/O v-2
TABLE OF CONTENTS
SCHEDULE OF BENEFITS 1
SCHEDULE OF BENEFITS FOR CLASS 1 2
ELIGIBILITY FOR INSURANCE 5
EFI-ECTIVE DATE OF INSURANCE 5
TERMINATION OF INSURANCE 5
CONTINUATION OF INSURANCE 6
DESCRIPTION OF BENEFITS 8
EXCLUSIONS 13
CLAIM PROVISIONS 13
ADMINISTRATIVE PROVISIONS 15
GENERAL PROVISIONS 16
DEFINITIONS 18
DOMESTIC PARTNER/CIVIL UNION PARTNER RIDER 21
SCHEDULE OF BENEFITS
Premium Due Date: The last day of each month
Classes of Eligible Employees
Class 1
All active, full-time Employees of the Employer regularly working a minimum of 30
hours per week, and part-time Employees working a minimum of 20 hours per week, who
are citizens or permanent resident aliens of the United States, and are living and working
in the United States.
1
SCHEDULE OF BENEFITS FOR CLASS 1
Eligibility Waiting Period
For Employees hired on or before the Policy Effective Date:
For Employees hired after the Policy Effective Date:
The first of the month following
completion of one full pay
period.
The first of the month following
completion of one full pay
period.
Definition of Disability/Disabled
The Employee is considered Disabled if, solely because of Injury or Sickness, he or she is:
1. unable to perform the material duties of his or her Regular Occupation; and
2. unable to earn 80% or more of his or her Indexed Earnings from working in his or her Regular
Occupation.
After Disability Benefits have been payable for 24 months, the Employee is considered Disabled if, solely
due to Injury or Sickness, he or she is:
1. unable to perform the material duties of any occupation for which he or she is, or may reasonably
become, qualified based on education, training or experience; and
2. unable to earn 80% or more of his or her Indexed Earnings.
The Insurance Company will require proof of earnings and continued Disability.
Definition of Covered Earnings
Covered Earnings means an Employee's wage or salary as reported by the Employer for work performed
for the Employer as in effect just prior to the date Disability begins. Covered Earnings are determined
initially on the date an Employee applies for coverage. A change in the amount of Covered Earnings is
effective on the date of the change, if the Employer gives us written notice of the change and the required
premium is paid.
It does not include amounts received as bonus, commissions, overtime pay or other extra compensation.
Any increase in an Employee's Covered Earnings will not be effective during a period of continuous
Disability.
Elimination Period
Gross Disability Benefit
Maximum Disability Benefit
Minimum Disability Benefit
The later of any accumulated sick leave or 180 days
The lesser of 60% of an Employee's monthly Covered Earnings
rounded to the nearest dollar or the Maximum Disability Benefit.
$8,000 per month
The greater of $100 or 10% of an Employee's Monthly Benefit
prior to any reductions for Other Income Benefits.
2
Disability Benefit Calculation
The Disability Benefit payable to the Employee is figured using the Gross Disability Benefit, Other
Income Benefits and the Return to Work Incentive. Monthly Benefits are based on a 30 -day month. The
Disability Benefit will be prorated if payable for any period less than a month.
During any month the Employee has no Disability Earnings, the monthly benefit payable is the Gross
Disability Benefit less Other Income Benefits. During any month the Employee has Disability Earnings,
benefits are determined under the Return to Work Incentive. Benefits will not be less than the minimum
benefit shown in the Schedule of Benefits except as provided under the section Minimum Benefit.
"Other Income Benefits" means any benefits listed in the Other Income Benefits provision that an
Employee receives on his or her own behalf or for dependents, or which the Employee's dependents
receive because of the Employee's entitlement to Other Income Benefits.
Return to Work Incentive
During any month the Employee has Disability Earnings, his or her benefits will be calculated as
follows.
The Employee's monthly benefit payable will be calculated as follows during the first 24 months
disability benefits are payable and the Employee has Disability Earnings:
1. Add the Employee's Gross Disability Benefit and Disability Earnings.
2. Compare the sum from 1. to the Employee's Indexed Earnings.
3. If the sum from 1. exceeds 100% of the Employee's Indexed Earnings, then subtract the
Indexed Earnings from the sum in 1.
4. The Employee's Gross Disability Benefit will be reduced by the difference from 3., as
well as by Other Income Benefits.
5. If the sum from 1. does not exceed 100% of the Employee's Indexed Earnings, the
Employee's Gross Disability Benefit will be reduced by Other Income Benefits.
After disability benefits are payable for 24 months, the monthly benefit payable is the Gross
Disability Benefit reduced by Other Income Benefits and 50% of Disability Earnings.
No Disability Benefits will be paid, and insurance will end if the Insurance Company determines
the Employee is able to work under a modified work arrangement and he or she refuses to do so
without Good Cause.
Additional Benefits
Cost Of Living Adjustment (COLA)
Benefit Waiting Period:
Maximum COLA Increase:
COLA Increase Date:
Survivor Benefit
Amount of Benefit:
After 12 Monthly Benefits are payable
3%
January 1
100% of the sum of the last full Disability Benefit plus the
amount of any Disability Earnings by which the benefit had been
reduced for that month.
Maximum Benefit Period A single lump sum payment equal to 3 monthly Survivor
Benefits.
3
Maximum Benefit Period
The later of the Employee's SSNRA* or the Maximum Benefit Period listed below.
Age When Disability Begins
Age 62 or under
Age 63
Age 64
Age 65
Age 66
Age 67
Age 68
Age 69 or older
Maximum Benefit Period
The Employee's 65th birthday or the date the 42nd Monthly
Benefit is payable, if later.
The date the 36th Monthly Benefit is payable.
The date the 30th Monthly Benefit is payable.
The date the 24th Monthly Benefit is payable.
The date the 21st Monthly Benefit is payable.
The date the 18th Monthly Benefit is payable.
The date the 15th Monthly Benefit is payable.
The date the 12th Monthly Benefit is payable.
*SSNRA means the Social Security Normal Retirement Age in effect under the Social Security Act on the
Policy Effective Date.
Initial Premium Rates
$.35 per $100 of Covered Payroll
Covered Payroll for an Employee will mean his or her Covered Earnings for the insurance month prior to
the date the determination is made. However, an Employee's Covered Payroll will not include any part of
his or her monthly Covered Earnings which exceed $13,333.
TL -004774
4
ELIGIBILITY FOR INSURANCE
An Employee in one of the Classes of Eligible Employees shown in the Schedule of Benefits is eligible to
be insured on the Policy Effective Date, or the day after he or she completes the Eligibility Waiting
Period, if later. The Eligibility Waiting Period is the period of time the Employee must be in Active
Service to be eligible for coverage. It will be extended by the number of days the Employee is not in
Active Service.
Except as noted in the Reinstatement Provision, if an Employee terminates coverage and later wishes to
reapply, or if a former Employee is rehired, a new Eligibility Waiting Period must be satisfied. An
Employee is not required to satisfy a new Eligibility Waiting Period if insurance ends because he or she is
no longer in a Class of Eligible Employees, but continues to be employed and within one year becomes a
member of an eligible class.
TL -004710
EFFECTIVE DATE OF INSURANCE
An Employee will be insured on the date he or she becomes eligible, if the Employee is not required to
contribute to the cost of this insurance.
If an Employee is not in Active Service on the date insurance would otherwise be effective, it will be
effective on the date he or she returns to any occupation for the Employer on a Full-time basis.
TL -004712
TERMINATION OF INSURANCE
An Employee's coverage will end on the earliest of the following dates:
1. the date the Employee is eligible for coverage under a plan intended to replace this coverage;
2. the date the Policy is terminated;
3. the date the Employee is no longer in an eligible class;
4. the day after the end of the period for which premiums are paid;
5. the date the Employee is no longer in Active Service;
6. the date benefits end for failure to comply with the terms and conditions of the Policy.
Disability Benefits will be payable to an Employee who is entitled to receive Disability Benefits when the
Policy terminates, if he or she remains disabled and meets the requirements of the Policy. Any period of
Disability, regardless of cause, that begins when the Employee is eligible under another group disability
coverage provided by any employer, will not be covered.
TL -007505.00
5
CONTINUATION OF INSURANCE
This Continuation of Insurance provision modifies the Termination of Insurance provision to allow
insurance to continue under certain circumstances if the Insured Employee is no longer in Active Service.
Insurance that is continued under this provision is subject to all other terms of the Termination of
Insurance provisions.
Disability Insurance continues if an Employee's Active Service ends due to a Disability for which benefits
under the Policy are or may become payable. Premiums for the Employee will be waived while
Disability Benefits are payable. If the Employee does not return to Active Service, this insurance ends
when the Disability ends or when benefits are no longer payable, whichever occurs first.
If an Employee's Active Service ends due to an approved leave pursuant to the Family and Medical
Leave Act (FMLA), insurance will continue up to the later of the period of his or her approved FMLA
leave or the leave period required by law in the state in which he or she is employed. Premiums are
required for this coverage.
If an Employee's Active Service ends due to any other leave of absence approved in writing by the
Employer prior to the date the Employee ceases work, insurance will continue for an Employee for up to
1 month. Premiums are required for this coverage. An approved leave of absence does not include
Furlough, Temporary Layoff or termination of employment.
If an Employee's Active Service ends due to any other excused short term absence from work that is
reported to the Employer timely in accordance with the Employer's reporting requirements for such short
term absence, insurance for an Employee will continue until the earlier of:
a. the date the Employee's employment relationship with the Employer terminates;
b. the date premiums are not paid when due;
c. the end of the 30 day period that begins with the first day of such excused absence;
d. the end of the period for which such short term absence is excused by the Employer.
Notwithstanding any other provision of this policy, if an Employee's Active Service ends due to layoff,
termination of employment or any other termination of the employment relationship, insurance will
terminate and Continuation of Insurance under this provision will not apply.
If an Employee's insurance is continued pursuant to this Continuation of Insurance provision, and he or
she becomes Disabled during such period of continuation, Disability Benefits will not begin until the later
of the date the Elimination Period is satisfied or the date he or she is scheduled to return to Active
Service.
TL -009970.00
6
TAKEOVER PROVISION
This provision applies only to Employees eligible under this Policy who were covered for long term
disability coverage on the day prior to the effective date of this Policy under the Prior Plan provided by
the Policyholder or by an entity that has been acquired by the Policyholder.
A. This section A applies to Employees who are not in Active Service on the day prior to the effective
date of this Policy due to a reason for which the Prior Plan and this Policy both provide for
continuation of insurance. If required premium is paid when due, the Insurance Company will insure
an Employee to which this section applies against a disability that occurs after the effective date of
this Policy for the affected employee group. This coverage will be provided until the earlier of the
date: (a) the employee returns to Active Service, (b) continuation of insurance under the Prior Plan
would end but for termination of that plan; or (c) the date continuation of insurance under this Policy
would end if computed from the first day the employee was not in Active Service. The Policy will
provide this coverage as follows:
1. If benefits for a disability are covered under the Prior Plan, no benefits are payable under this
Plan.
2. If the disability is not a covered disability under the Prior Plan solely because the plan terminated,
benefits payable under this Policy for that disability will be the lesser of: (a) the disability benefits
that would have been payable under the Prior Plan; and (b) those provided by this Policy. Credit
will be given for partial completion under the Prior Plan of Elimination Periods and partial
satisfaction of pre-existing condition limitations.
B. The Elimination Period under this Policy will be waived for a Disability which begins while the
Employee is insured under this Policy if all of the following conditions are met:
1. The Disability results from the same or related causes as a Disability for which monthly benefits
were payable under the Prior Plan;
2. Benefits are not payable for the Disability under the Prior Plan solely because it is not in effect;
3. An Elimination Period would not apply to the Disability if the Prior Plan had not ended;
4. The Disability begins within 6 months of the Employee's return to Active Service and the
Employee's insurance under this Policy is continuous from this Policy's Effective Date.
C. Except for any amount of benefit in excess of a Prior Plan's benefits, the Pre-existing Condition
Limitation will not apply to an Employee covered under a Prior Plan who satisfied the pre-existing
condition limitation, if any, under that plan. If an Employee, covered under a Prior Plan, did not fully
satisfy the pre-existing condition limitation of that plan, credit will be given for any time that was
satisfied under the Prior Plan's pre-existing condition limitation.
Benefits will be determined based on the lesser of: (1) the amount of the gross disability benefit under
the Prior Plan and any applicable maximums; and (2) those provided by this Policy.
If benefits are payable under the Prior Plan for the Disability, no benefits are payable under this
Policy.
TL -005108
7
DESCRIPTION OF BENEFITS
The following provisions explain the benefits available under the Policy. Please see the Schedule of
Benefits for the applicability of these benefits to each class of Insureds.
Disability Benefits
The Insurance Company will pay Disability Benefits if an Employee becomes Disabled while covered
under this Policy. The Employee must satisfy the Elimination Period, be under the Appropriate Care of a
Physician, and meet all the other terms and conditions of the Policy. He or she must provide the
Insurance Company, at his or her own expense, satisfactory proof of Disability before benefits will be
paid. The Disability Benefit is shown in the Schedule of Benefits.
The Insurance Company will require continued proof of the Employee's Disability for benefits to
continue.
Elimination Period
The Elimination Period is the period of time an Employee must be continuously Disabled before
Disability Benefits are payable. The Elimination Period is shown in the Schedule of Benefits.
A period of Disability is not continuous if separate periods of Disability result from unrelated causes.
Disability Benefit Calculation
The Disability Benefit Calculation is shown in the Schedule of Benefits. Monthly Disability Benefits are
based on a 30 day period. They will be prorated if payable for any period less than a month. If an
Employee is working while Disabled, the Disability Benefit Calculation will be the Return to Work
Incentive.
Return to Work Incentive
The Return to Work Incentive is shown in the Schedule of Benefits. An Employee may work for wage or
profit while Disabled. In any month in which the Employee works and a Disability Benefit is payable,
the Return to Work Incentive applies.
The Insurance Company will, from time to time, review the Employee's status and will require
satisfactory proof of earnings and continued Disability.
Minimum Benefit
The Insurance Company will pay the Minimum Benefit shown in the Schedule of Benefits despite any
reductions made for Other Income Benefits. The Minimum Benefit will not apply if benefits are being
withheld to recover an overpayment of benefits.
8
Other Income Benefits
An Employee for whom Disability Benefits are payable under this Policy may be eligible for benefits
from Other Income Benefits. If so, the Insurance Company may reduce the Disability Benefits by the
amount of such Other Income Benefits.
Other Income Benefits include:
1. any amounts received (or assumed to be received*) by the Employee or his or her dependents
under:
- the Canada and Quebec Pension Plans;
- the Railroad Retirement Act;
- any local, state, provincial or federal government disability or retirement plan or law
payable for Injury or Sickness provided as a result of employment with the Employer;
any salary continuation plan of the Employer;
- any work loss provision in mandatory "No -Fault" auto insurance.
2. any Social Security disability or retirement benefits the Employee or any third party receives (or
is assumed to receive*) on his or her own behalf or for his or her dependents; or which his or her
dependents receive (or are assumed to receive*) because of his or her entitlement to such benefits.
3. any Retirement Plan benefits funded by the Employer. "Retirement Plan" means any defined
benefit or defined contribution plan sponsored or funded by the Employer. It does not include an
individual deferred compensation agreement; a profit sharing or any other retirement or savings
plan maintained in addition to a defined benefit or other defined contribution pension plan, or any
employee savings plan including a thrift, stock option or stock bonus plan, individual retirement
account or 401(k) plan.
4. any proceeds payable under any franchise or group insurance or similar plan. If other insurance
applies to the same claim for Disability, and contains the same or similar provision for reduction
because of other insurance, the Insurance Company will pay for its pro rata share of the total
claim. "Pro rata share" means the proportion of the total benefit that the amount payable under
one policy, without other insurance, bears to the total benefits under all such policies.
5. any amounts received (or assumed to be received*) by the Employee or his or her dependents
under any workers' compensation, occupational disease, unemployment compensation law or
similar state or federal law payable for Injury or Sickness arising out of work with the Employer,
including all permanent and temporary disability benefits. This includes any damages,
compromises or settlement paid in place of such benefits, whether or not liability is admitted.
6. any amounts paid because of loss of earnings or earning capacity through settlement, judgment,
arbitration or otherwise, where a third party may be liable, regardless of whether liability is
determined.
Dependents include any person who receives (or is assumed to receive*) benefits under any applicable
law because of an Employee's entitlement to benefits.
*See the Assumed Receipt of Benefits provision.
Increases in Other Income Benefits
Any increase in Other Income Benefits during a period of Disability due to a cost of living adjustment
will not be considered in calculating the Employee's Disability Benefits after the first reduction is made
for any Other Income Benefits. This section does not apply to any cost of living adjustment for Disability
Earnings.
Lump Sum Payments
Other Income Benefits or earnings paid in a lump sum will be prorated over the period for which the sum
is given. If no time is stated, the lump sum will be prorated over five years.
If no specific allocation of a lump sum payment is made, then the total payment will be an Other Income
Benefit.
9
Assumed Receipt of Benefits
The Insurance Company will assume the Employee (and his or her dependents, if applicable) are
receiving benefits for which they are eligible from Other Income Benefits. The Insurance Company will
reduce the Employee's Disability Benefits by the amount from Other Income Benefits it estimates are
payable to the Employee and his or her dependents.
The Insurance Company will waive Assumed Receipt of Benefits, except for Disability Earnings for work
the Employee performs while Disability Benefits are payable, if the Employee:
1. provides satisfactory proof of application for Other Income Benefits;
2. signs a Reimbursement Agreement;
3. provides satisfactory proof that all appeals for Other Income Benefits have been made unless the
Insurance Company determines that further appeals are not likely to succeed; and
4. submits satisfactory proof that Other Income Benefits were denied.
The Insurance Company will not assume receipt of any pension or retirement benefits that are actuarially
reduced according to applicable law, until the Employee actually receives them.
Social Security Assistance
The Insurance Company may help the Employee in applying for Social Security Disability Income
(SSDI) Benefits, and may require the Employee to file an appeal if it believes a reversal of a prior
decision is possible.
The Insurance Company will reduce Disability Benefits by the amount it estimates the Employee will
receive, if the Employee refuses to cooperate with or participate in the Social Security Assistance
Program.
Recovery of Overpayment
The Insurance Company has the right to recover any benefits it has overpaid. The Insurance Company
may use any or all of the following to recover an overpayment:
1. request a lump sum payment of the overpaid amount;
2. reduce any amounts payable under this Policy; and/or
3. take any appropriate collection activity available to it.
The Minimum Disability Benefit amount will not apply when Disability Benefits are reduced in order to
recover any overpayment.
If an overpayment is due when the Employee dies, any benefits payable under the Policy will be reduced
to recover the overpayment.
Successive Periods of Disability
A separate period of Disability will be considered continuous:
1. if it results from the same or related causes as a prior Disability for which benefits were payable;
and
2. if, after receiving Disability Benefits, the Employee returns to work in his or her Regular
Occupation for less than 6 consecutive months; and
3. if the Employee earns less than the percentage of Indexed Earnings that would still qualify him or
her to meet the definition of Disability/Disabled during at least one month.
Any later period of Disability, regardless of cause, that begins when the Employee is eligible for coverage
under another group disability plan provided by any employer will not be considered a continuous period
of Disability.
For any separate period of disability which is not considered continuous, the Employee must satisfy a new
Elimination Period.
10
LIMITATIONS
Limited Benefit Periods for Mental or Nervous Disorders
The Insurance Company will pay Disability Benefits on a limited basis during an Employee's lifetime for
a Disability caused by, or contributed to by, any one or more of the following conditions. Once 24
monthly Disability Benefits have been paid, no further benefits will be payable for any of the following
conditions.
1) Anxiety disorders
2) Delusional (paranoid) disorders
3) Depressive disorders
4) Eating disorders
5) Mental illness
6) Somatoform disorders (psychosomatic illness)
If, before reaching his or her lifetime maximum benefit, an Employee is confined in a hospital for more
than 14 consecutive days, that period of confinement will not count against his or her lifetime limit. The
confinement must be for the Appropriate Care of any of the conditions listed above.
Limited Benefit Periods for Alcoholism and Drug Addiction or Abuse
The Insurance Company will pay Disability Benefits on a limited basis during an Employee's lifetime for
a Disability caused by, or contributed to by, any one or more of the following conditions. Once 24
monthly Disability Benefits have been paid, no further benefits will be payable for any of the following
conditions.
1) Alcoholism
2) Drug addiction or abuse
If, before reaching his or her lifetime maximum benefit, an Employee is confined in a hospital for more
than 14 consecutive days, that period of confinement will not count against his or her lifetime limit. The
confinement must be for the Appropriate Care of any of the conditions listed above.
Pre -Existing Condition Limitation
The Insurance Company will not pay benefits for any period of Disability caused or contributed to by, or
resulting from, a Pre-existing Condition. A "Pre-existing Condition" means any Injury or Sickness for
which the Employee incurred expenses, received medical treatment, consulted with a health professional,
or took prescribed drugs or medicines, within 12 months immediately preceding the most recent effective
date of insurance.
The Pre-existing Condition Limitation will apply to any added benefits or increases in benefits. This
limitation will not apply to a period of Disability that begins after an Employee is covered for at least 12
months after his or her most recent effective date of insurance, or the effective date of any added or
increased benefits.
TL -007500.06
11
ADDITIONAL BENEFITS
Rehabilitation During a Period of Disability
Employee Benefit
A Disabled Insured may be eligible to participate in a Rehabilitation Plan or may be participating in a
program that he or she desires to have approved by the Insurance Company as a Rehabilitation Plan. If an
Insured desires to participate in rehabilitation efforts or to have his or her program approved by the
Insurance Company as a Rehabilitation Plan, he or she may request approval from the Insurance
Company. The Insurance Company has the sole discretion to approve the Insured's participation in a
Rehabilitation Plan and to approve a program as a Rehabilitation Plan.
If, while an Insured is Disabled, the Insurance Company determines that he is a suitable candidate for
rehabilitation he may participate in a Rehabilitation Plan. The terms and conditions of the Rehabilitation
Plan must be mutually agreed upon by the Insured and the Insurance Company.
The Rehabilitation Plan may, at the Insurance Company's discretion, allow for payment of the Insured's
medical expense, education expense, moving expense, accommodation expense or family care expense
while he participates in the program.
A "Rehabilitation Plan" is a written agreement between the Insured and the Insurance Company in which
we agree to provide, arrange or authorize vocational or physical rehabilitation services.
TL -005105.00
Cost of Living Adjustment (COLA) Benefit
Each year the Insurance Company will increase an Employee's Disability Benefit after he or she has been
continuously Disabled for the COLA Benefit Waiting Period. The increase will be the lesser of the
annual increase in the Consumer Price Index (CPI -W) during the preceding calendar year or the COLA
Increase shown in the Schedule of Benefits.
The increase will become effective on the COLA Adjustment Date and will be payable for the Maximum
Period for COLA Benefits. This benefit does not apply to the Disability Minimum or Maximum Benefit.
It does not apply to the formula used to determine Work Incentive Benefits, if any.
TL -005101
Survivor Benefit
The Insurance Company will pay a Survivor Benefit if an Employee dies while Monthly Benefits are
payable. The Employee must have been continuously Disabled for the Survivor Benefit Waiting Period
before the first benefit is payable. These benefits will be payable for the Maximum Benefit Period for
Survivor Benefits.
Benefits will be paid to the Employee's Spouse. If there is no Spouse, benefits will be paid in equal
shares to the Employee's surviving Children. If there are no Spouse and no Children, benefits will be paid
to the Employee's estate.
"Spouse" means an Employee's lawful spouse. "Children" means an Employee's unmarried children
under age 26 who are chiefly dependent upon the Employee for support and maintenance. The term
includes a stepchild living with the Employee at the time of his or her death.
TL -005107
12
TERMINATION OF DISABILITY BENEFITS
Benefits will end on the earliest of the following dates:
1. the date the Employee earns from any occupation, more than the percentage of Indexed Earnings
set forth in the definition of Disability applicable to him or her at that time;
2. the date the Insurance Company determines he or she is not Disabled;
3. the end of the Maximum Benefit Period;
4. the date the Employee dies;
5. the date the Employee is no longer receiving Appropriate Care;
6. the date the Employee fails to cooperate with the Insurance Company in the administration of the
claim. Such cooperation includes, but is not limited to, providing any information or documents
needed to determine whether benefits are payable or the actual benefit amount due.
TL -007502.00
EXCLUSIONS
The Insurance Company will not pay any Disability Benefits for a Disability that results, directly or
indirectly, from:
1. suicide, attempted suicide, or self-inflicted injury while sane or insane.
2. war or any act of war, whether or not declared.
3. active participation in a riot.
4. commission of a felony.
5. the revocation, restriction or non -renewal of an Employee's license, permit or certification
necessary to perform the duties of his or her occupation unless due solely to Injury or Sickness
otherwise covered by the Policy.
In addition, the Insurance Company will not pay Disability Benefits for any period of Disability during
which the Employee is incarcerated in a penal or correctional institution.
TL -007503.00
CLAIM PROVISIONS
Notice of Claim
Written notice, or notice by any other electronic/telephonic means authorized by the Insurance Company,
must be given to the Insurance Company within 31 days after a covered loss occurs or begins or as soon
as reasonably possible. If written notice, or notice by any other electronic/telephonic means authorized
by the Insurance Company, is not given in that time, the claim will not be invalidated or reduced if it is
shown that notice was given as soon as was reasonably possible. Notice can be given at our home office
in Philadelphia, Pennsylvania or to our agent. Notice should include the Employer's Name, the Policy
Number and the claimant's name and address.
Claim Forms
When the Insurance Company receives notice of claim, the Insurance Company will send claim forms for
filing proof of loss. If claim forms are not sent within 15 days after notice is received by the Insurance
Company, the proof requirements will be met by submitting, within the time required under the "Proof of
Loss" section, written proof, or proof by any other electronic/telephonic means authorized by the
Insurance Company, of the nature and extent of the loss.
Claimant Cooperation Provision
Failure of a claimant to cooperate with the Insurance Company in the administration of the claim may
result in termination of the claim. Such cooperation includes, but is not limited to, providing any
information or documents needed to determine whether benefits are payable or the actual benefit amount
due.
13
Insurance Data
The Employer is required to cooperate with the Insurance Company in the review of claims and
applications for coverage. Any information the Insurance Company provides in these areas is
confidential and may not be used or released by the Employer if not permitted by applicable privacy laws.
Proof of Loss
Written proof of loss, or proof by any other electronic/telephonic means authorized by the Insurance
Company, must be given to the Insurance Company within 90 days after the date of the loss for which a
claim is made. If written proof of loss, or proof by any other electronic/telephonic means authorized by
the Insurance Company, is not given in that 90 day period, the claim will not be invalidated nor reduced if
it is shown that it was given as soon as was reasonably possible. In any case, written proof of loss, or
proof by any other electronic/telephonic means authorized by the Insurance Company, must be given not
more than one year after that 90 day period. If written proof of loss, or proof by any other
electronic/telephonic means authorized by the Insurance Company, is provided outside of these time
limits, the claim will be denied. These time limits will not apply while the person making the claim lacks
legal capacity.
Written proof, or proof by any other electronic/telephonic means authorized by the Insurance Company,
that the loss continues must be furnished to the Insurance Company at intervals required by us. Within 30
days of a request, written proof of continued Disability and Appropriate Care by a Physician must be
given to the Insurance Company.
Time of Payment
Disability Benefits will be paid at regular intervals of not less frequently than once a month. Any
balance, unpaid at the end of any period for which the Insurance Company is liable, will be paid at that
time.
To Whom Payable
Disability Benefits will be paid to the Employee. If any person to whom benefits are payable is a minor
or, in the opinion of the Insurance Company, is not able to give a valid receipt, such payment will be
made to his or her legal guardian. However, if no request for payment has been made by the legal
guardian, the Insurance Company may, at its option, make payment to the person or institution appearing
to have assumed custody and support.
If an Employee dies while any Disability Benefits remain unpaid, the Insurance Company may, at its
option, make direct payment to any of the following living relatives of the Employee: spouse, mother,
father, children, brothers or sisters; or to the executors or administrators of the Employee's estate. The
Insurance Company may reduce the amount payable by any indebtedness due.
Payment in the manner described above will release the Insurance Company from all liability for any
payment made.
Physical Examination and Autopsy
The Insurance Company, at its expense, will have the right to examine any person for whom a claim is
pending as often as it may reasonably require. The Insurance Company may, at its expense, require an
autopsy unless prohibited by law.
Legal Actions
No action at law or in equity may be brought to recover benefits under the Policy less than 60 days after
written proof of loss, or proof by any other electronic/telephonic means authorized by the Insurance
Company, has been furnished as required by the Policy. No such action shall be brought more than 3
years after the time satisfactory proof of loss is required to be furnished.
14
Time Limitations
If any time limit stated in the Policy for giving notice of claim or proof of loss, or for bringing any action
at law or in equity, is less than that permitted by the law of the state in which the Employee lives when
the Policy is issued, then the time limit provided in the Policy is extended to agree with the minimum
permitted by the law of that state.
Physician/Patient Relationship
The Insured will have the right to choose any Physician who is practicing legally. The Insurance
Company will in no way disturb the Physician/patient relationship.
TL -004724
ADMINISTRATIVE PROVISIONS
Premiums
The premiums for this Policy will be based on the rates currently in force, the plan and the amount of
insurance in effect.
Changes in Premium Rates
The premium rates may be changed by the Insurance Company from time to time with at least 31 days
advance written notice. No change in rates will be made until 36 months after the Effective Date. An
increase in rates will not be made more often than once in a 12 month period. However, the Insurance
Company reserves the right to change the rates even during a period for which the rate is guaranteed, if any
of the following events take place.
1. The Policy terms change.
2. A division, subsidiary, eligible company, or class is added or deleted.
3. There is a change of more than 10% in the number of Insureds.
4. Federal or state laws or regulation affecting benefit obligations change.
5. Other changes occur in the nature of the risk that would affect the Insurance Company's original
risk assessment.
6. The Insurance Company determines the Employer fails to furnish necessary information.
If an increase or decrease in rates takes place on a date that is not a Premium Due Date, a pro rata
adjustment will apply from the date of the change to the next Premium Due Date.
Reporting Requirements
The Employer must, upon request, give the Insurance Company any information required to determine who
is insured, the amount of insurance in force and any other information needed to administer the plan of
insurance.
Payment of Premium
The first premium is due on the Policy Effective Date. After that, premiums will be due monthly unless the
Employer and the Insurance Company agree on some other method of premium payment.
If any premium is not paid when due, the plan will be canceled as of the Premium Due Date, except as
provided in the Policy Grace Period section.
Notice Of Cancellation
The Employer or the Insurance Company may cancel the policy as of any Premium Due Date by giving 31
days advance written notice. If a premium is not paid when due, the Policy will automatically be canceled
as of the Premium Due Date, except as provided in the Policy Grace Period section.
15
Policy Grace Period
A Policy Grace Period of 31 days will be granted for the payment of the required premiums under this
Policy. This Policy will be in force during the Policy Grace Period. The Employer is liable to the Insurance
Company for any unpaid premium for the time this Policy was in force.
Reinstatement of Insurance
An Employee's insurance may be reinstated if it ends because he or she is on an unpaid leave of absence. If
an Employee's Active Service ended due to an approved leave pursuant to the Family and Medical Leave
Act (FMLA) and Continuation of Insurance is not applicable, an Employee's insurance may be reinstated
at the conclusion of the FMLA leave.
If an Employee's Active Service ends due to an Employer approved unpaid leave of absence, other than
an approved FMLA leave, insurance may be reinstated only:
1. If the reinstatement occurs within 12 weeks from the date insurance ends, or
2. When returning from military service pursuant to the Uniformed Services Employment Act of
1994 (USERRA).
For insurance to be reinstated the following conditions must be met:
1. An Employee must be in a Class of Eligible Employees.
2. The required premium must be paid.
3. The Insurance Company must receive a written request for reinstatement within 31 days from the
date an Employee returns to Active Service.
Reinstated insurance will be effective on the date the Employee returns to Active Service. If an
Employee did not fully satisfy the Eligibility Waiting Period or the Pre -Existing Condition Limitation (if
any) before insurance ended due to an unpaid leave of absence, credit will be given for any time that was
satisfied.
TL -009960.00
GENERAL PROVISIONS
Entire Contract
The entire contract will be made up of the Policy, the application of the Employer, a copy of which is
attached to the Policy, and the applications, if any, of the Insureds.
Incontestability
All statements made by the Employer or by an Insured are representations not warranties. No statement
will be used to deny or reduce benefits or as a defense to a claim, unless a copy of the instrument
containing the statement has been furnished to the claimant. In the event of death or legal incapacity, the
beneficiary or representative must receive the copy.
After two years from an Insured's effective date of insurance, or from the effective date of any added or
increased benefits, no such statement will cause insurance to be contested except for fraud or eligibility
for coverage.
Misstatement of Age
If an Insured's age has been misstated, the Insurance Company will adjust all benefits to the amounts that
would have been purchased for the correct age.
Policy Changes
No change in the Policy will be valid until approved by an executive officer of the Insurance Company.
This approval must be endorsed on, or attached to, the Policy. No agent may change the Policy or waive
any of its provisions.
16
Workers' Compensation Insurance
The Policy is not in lieu of and does not affect any requirements for insurance under any Workers'
Compensation Insurance Law.
Certificates
A certificate of insurance will be delivered to the Employer for delivery to Insureds. Each certificate will
list the benefits, conditions and limits of the Policy. It will state to whom benefits will be paid.
Assignment of Benefits
The Insurance Company will not be affected by the assignment of an Insured's certificate until the
original assignment or a certified copy of the assignment is filed with the Insurance Company. The
Insurance Company will not be responsible for the validity or sufficiency of an assignment. An
assignment of benefits will operate so long as the assignment remains in force provided insurance under
the Policy is in effect. This insurance may not be levied on, attached, garnisheed, or otherwise taken for a
person's debts. This prohibition does not apply where contrary to law.
Clerical Error
A person's insurance will not be affected by error or delay in keeping records of insurance under the
Policy. If such an error is found, the premium will be adjusted fairly.
Agency
The Employer and Plan Administrator are agents of the Employee for transactions relating to insurance
under the Policy. The Insurance Company is not liable for any of their acts or omissions.
Ownership of Records
All records maintained by the Insurance Company are, and shall remain, the property of the Insurance
Company.
TL -004726
Certain Internal Revenue Code (IRC) & Internal Revenue Service (IRS) Functions
The Insurer may agree with the Policyholder to perform certain functions required by the Internal
Revenue Code and IRS regulations. Such functions may include the preparation and filing of wage and
tax statements (Form W-2) for disability benefit payments made under this Policy. In consideration of the
payment of premiums by the Policyholder, the Insurer waives the right to transfer liability with respect to
the employer taxes imposed on the Insurer by IRS Regulation 32.1(e)(1) for monthly Disability payments
made under this Policy. Employee money may not be used to fund the Premium for the services and
payments of this section.
TL -009230.00
17
DEFINITIONS
Please note, certain words used in this document have specific meanings. These terms will be capitalized
throughout this document. The definition of any word, if not defined in the text where it is used, may be
found either in this Definitions section or in the Schedule of Benefits.
Active Service
An Employee is in Active Service on a day which is one of the Employer's scheduled work days if either
of the following conditions are met.
1. The Employee is performing his or her regular occupation for the Employer on a full-time basis.
He or she must be working at one of the Employer's usual places of business or at some location
to which the employer's business requires an Employee to travel.
2. The day is a scheduled holiday or vacation day and the Employee was performing his or her
regular occupation on the preceding scheduled work day.
An Employee is in Active Service on a day which is not one of the Employer's scheduled work days only
if he or she was in Active Service on the preceding scheduled work day.
Appropriate Care
Appropriate Care means the Employee:
1. Has received treatment, care and advice from a Physician who is qualified and experienced in the
diagnosis and treatment of the conditions causing Disability. If the condition is of a nature or
severity that it is customarily treated by a recognized medical specialty, the Physician is a
practitioner in that specialty.
2. Continues to receive such treatment, care or advice as often as is required for treatment of the
conditions causing Disability.
3. Adheres to the treatment plan prescribed by the Physician, including the taking of medications.
Consumer Price Index (CPI -W)
The Consumer Price Index for Urban Wage Earners and Clerical Workers published by the U.S.
Department of Labor. If the index is discontinued or changed, another nationally published index that is
comparable to the CPI -W will be used.
Disability Earnings
Any wage or salary for any work performed for any employer during the Employee's Disability,
including commissions, bonus, overtime pay or other extra compensation.
Employee
For eligibility purposes, an Employee is an employee of the Employer in one of the "Classes of Eligible
Employees." Otherwise, Employee means an employee of the Employer who is insured under the Policy.
Employer
The Policyholder and any affiliates or subsidiaries covered under the Policy. The Employer is acting as
an agent of the Insured for transactions relating to this insurance. The actions of the Employer shall not
be considered the actions of the Insurance Company.
Full-time
Full-time means the number of hours set by the Employer as a regular work day for Employees in the
Employee's eligibility class.
Furlough
Furlough means a temporary suspension or alteration of Active Service initiated by the Employer, for a
period of time specified in advance not to exceed 30 days at a time.
18
Good Cause
A medical reason preventing participation in the Rehabilitation Plan. Satisfactory proof of Good Cause
must be provided to the Insurance Company.
Indexed Earnings
For the first 12 months Monthly Benefits are payable, Indexed Earnings will be equal to Covered
Earnings. After 12 Monthly Benefits are payable, Indexed Earnings will be an Employee's Covered
Earnings plus an increase applied on each anniversary of the date Monthly Benefits became payable. The
amount of each increase will be the lesser of:
1. 10% of the Employee's Indexed Earnings during the preceding year of Disability; or
2. the rate of increase in the Consumer Price Index (CPI -W) during the preceding calendar year.
Injury
Any accidental loss or bodily harm which results directly and independently of all other causes from an
Accident.
Insurability Requirement
An eligible person will satisfy the Insurability Requirement for an amount of coverage on the day the
Insurance Company agrees in writing to accept him or her as insured for that amount. To determine a
person's acceptability for coverage, the Insurance Company will require evidence of good health and may
require it be provided at the Employee's expense.
Insurance Company
The Insurance Company underwriting the Policy is named on the Policy cover page.
Insured
A person who is eligible for insurance under the Policy, for whom insurance is elected, the required
premium is paid and coverage is in force under the Policy.
Physician
Physician means a licensed doctor practicing within the scope of his or her license and rendering care and
treatment to an Insured that is appropriate for the condition and locality. The term does not include an
Employee, an Employee's spouse, the immediate family (including parents, children, siblings or spouses
of any of the foregoing, whether the relationship derives from blood or marriage), of an Employee or
spouse, or a person living in an Employee's household.
Prior Plan
The Prior Plan refers to the plan of insurance providing similar benefits sponsored by the Employer in
effect directly prior to the Policy Effective Date. A Prior Plan will include the plan of a company in
effect on the day prior to that company's addition to this Policy after the Policy Effective Date.
Regular Occupation
The occupation the Employee routinely performs at the time the Disability begins. In evaluating the
Disability, the Insurance Company will consider the duties of the occupation as it is normally performed
in the general labor market in the national economy. It is not work tasks that are performed for a specific
employer or at a specific location.
Rehabilitation Plan
A written plan designed to enable the Employee to return to work. The Rehabilitation Plan will consist of
one or more of the following phases:
1. rehabilitation, under which the Insurance Company may provide, arrange or authorize
educational, vocational or physical rehabilitation or other appropriate services;
2. work, which may include modified work and work on a part-time basis.
19
Sickness
Any physical or mental illness.
Temporary Layoff
Temporary Layoff means a temporary suspension of Active Service for a period of time determined in
advance by the Employer, other than a Furlough as defined. Temporary Layoff does not include the
permanent termination of Active Service (including but not limited to a job elimination), which shall be
treated as termination of employment.
TL -007500.06 as modified by TL -009980
20
AMENDATORY RIDER
DOMESTIC PARTNER/CIVIL UNION PARTNER COVERAGE
Policy No. LK-965458 Effective Date: January 1, 2018
This rider amends the Policy and Certificate to which it is attached. It is effective on the Effective Date
shown above, and expires when the Policy expires.
A. Domestic Partner/Civil Union Partner means any of the following:
1. A person with whom the Employee has a registered civil union or domestic partnership under
state law which imposes legal obligations on the parties substantially similar to marriage. Such
person will continue to be recognized as a Domestic Partner or Civil Union Partner unless and
until: (1) the civil union or domestic partnership is dissolved under applicable law; or (2) either
the Employee or the Domestic Partner/Civil Union Partner marries another person.
2. A person who was legally married to the Employee under the laws of a state permitting
marriage of partners of the same sex, where the Employee and Domestic Partner/Civil Union
Partner currently reside in a state that does not recognize a valid marriage. This shall not apply
if:
a. the marriage has been terminated by legal process, or;
b. either the Employee or the Domestic Partner/Civil Union Partner has entered into a valid
marriage, civil union or domestic partnership under state law.
3. A person meeting all of the following requirements, with respect to an Employee:
a. Shares a permanent residence with the Employee;
b. Has resided with the Employee for at least 6 months and is expected to continue to reside
with the Employee indefinitely;
c. Has not been legally married to any other person within the previous six months, and has
no Domestic Partner other than the Employee during the previous six months, and is the
Employee's sole Domestic Partner;
d. Has signed a Domestic Partner declaration with the Employee, if the Employee resides in a
jurisdiction which provides for Domestic Partner declarations;
e. Has not signed a Domestic Partner declaration with any other person within the last
6 months;
f. Is interdependent with the Employee in three or more of the following ways:
1. Both partners are registered under any municipal ordinance as domestic partners.
2. Both partners are jointly parties to a lease, mortgage or deed.
3. Both partners jointly own one or more motor vehicles.
4. Both partners jointly own one or more bank or credit accounts.
5. The Employee has named the Domestic Partner as attorney -in -fact under a durable
power of attorney with authority over health care decisions.
6. The Employee has designated the Domestic Partner as beneficiary under a
retirement plan or a life insurance policy.
7. The Employee has designated the Domestic Partner as beneficiary of the
Employee's will.
8. Each partner has agreed in writing to assume the financial responsibility for the
welfare of the other.
21
g. Is not so closely related by blood to the Employee as to prohibit legal marriage in their
state of residence;
h. Is no less than 18 years of age.
The Employee and Domestic Partner must furnish the Employer and Insurance Company with a
signed declaration that the above requirements are met, and an agreement to notify the
Employer and Insurance Company if the requirements cease to be met, on a form acceptable to
the Employer and Insurance Company.
B. The Survivor Benefit is modified in the Policy and Certificate as follows:
1. All references to the term "Spouse" are replaced by "Spouse or Domestic Partner/Civil Union
Partner" except for the following references:
a. The first reference to "Spouse" in the Survivor Benefit text is changed to "Spouse, or
Domestic Partner/Civil Union Partner" if there is no Spouse".
b. The text pertaining to the definition of "Spouse" remains unchanged.
C. Survivor benefits will be payable as follows: (1) to the Employee's spouse or Domestic
Partner/Civil Union Partner; (2) if there is none, in equal shares to the Employee's surviving
Children; or (3) if there is none, to the Employee's estate.
D. A child of a Domestic Partner/Civil Union Partner may only be eligible for benefits if:
a. the child is primarily dependent on the Employee for financial support;
b. the Employee has a legal obligation of support of the child; or
c. the Employee is the child's legal guardian.
Except for the above this rider does not change the Policy or Certificate to which it is attached.
LIFE INSURANCE COMPANY OF NORTH AMERICA
Matthew G. Manders, President
TL-007153.CO
22
IMPORTANT CHANGES FOR STATE REQUIREMENTS
If an Employee resides in one of the following states, the provisions of the certificate are modified for
residents of the following states. The modifications listed apply only to residents of that state.
California residents:
If the Policy provides coverage/benefits to a Spouse, a Domestic Partner will be afforded the same
coverage/benefits provided to a Spouse.
1. Domestic Partner means any of the following:
A person with whom the Employee has a registered domestic partnership under state law which
imposes legal obligations on the parties substantially similar to marriage. Such person will
continue to be recognized as a Domestic Partner unless and until: (1) the domestic partnership is
dissolved under applicable law; or (2) either the Employee or the Domestic Partner marries
another person.
2. All references in the policy to "Spouse" shall be changed to read "Spouse and Domestic Partner"
except as follows:
1. A Domestic Partner shall be deemed eligible to be enrolled for insurance or eligible for
Additional Benefits on the latest of:
a. the date of registration under Item 1 of the definition of Domestic Partner;
b. the date that the Employee is eligible for insurance under the Policy; or;
c. the effective date of the Rider.
3. The Spouse Rehabilitation Benefit and Survivor Benefit (if any) are modified in the Policy and
Certificate as follows:
1. All references to the term "Spouse" are replaced by "Spouse or Domestic Partner" except for
the following references:
a. The first reference to "Spouse" in the Survivor Benefit text is changed to "Spouse or
Domestic Partner" if there is no Spouse".
b. The text pertaining to the definition of "Spouse" remains unchanged.
4. Survivor benefits (if any) will be payable as follows: (1) to the Employee's spouse or Domestic
Partner; (2) if there is none, in equal shares to the Employee's surviving Children; or (3) if there
is none, to the Employee's estate.
5. A child of a Domestic Partner may only be eligible for benefits if:
a. the child is primarily dependent on the Employee for financial support;
b. the Employee has a legal obligation of support of the child; or
c. the Employee is the child's legal guardian.
Indiana residents:
The definition of a "pre-existing condition" under the Pre-existing Condition Limitation, if any, may
not consider any period of time more than six (6) months prior to the insured's most recent effective
date of insurance. The Pre -Existing Condition Limitation may not be longer than 12 months from the
insured's most recent effective date of insurance.
Louisiana residents:
The percentage of Indexed Earnings, if any, that qualifies an insured to meet the definition of
Disability/Disabled may not be less than 80%.
23
Massachusetts residents:
Continuation of Insurance after leaving the group
If an Employee leaves the group covered under the Policy, insurance for such Employee will be
continued until the earliest of the following dates:
1. 31 days from the date the Employee leaves the group;
2. The date the Employee becomes eligible for similar benefits.
Continuation of Insurance due to a Plant Closing or Partial Closing
If an Employee leaves the group due to termination of employment resulting from a Plant Closing or
Partial Closing, insurance for such Employee will be continued until the earliest of the following
dates:
1. 90 days from the date of the Plant Closing or Partial Closing;
2. The date the Employee becomes eligible for similar benefits.
Definitions: For purposes of this provision:
Plant Closing means a permanent cessation or reduction of business at a facility which results or will
result as determined by the director in the permanent separation of at least 90% of the employees of
said facility within a period of six months prior to the date of certification or with such other period as
the director shall prescribe, provided that such period shall fall within the six month period prior to
the date of certification.
Partial Closing means a permanent cessation of a major discrete portion of the business conducted at
a facility which results in the termination of a significant number of the employees of said facility and
which affects workers and communities in a manner similar to that of Plant Closings.
Minnesota residents:
The Pre-existing Condition Limitation, if any, may not be longer than 24 months from the insured's
most recent effective date of insurance.
Oregon residents:
If the Policy provides coverage/benefits to a Spouse, a Domestic Partner will be afforded the same
coverage/benefits provided to a Spouse.
1. Domestic Partner means any of the following:
A person with whom the Employee has a registered domestic partnership under state law which
imposes legal obligations on the parties substantially similar to marriage. Such person will
continue to be recognized as a Domestic Partner unless and until: (1) the domestic partnership is
dissolved under applicable law; or (2) either the Employee or the Domestic Partner marries
another person.
2. All references in the policy to "Spouse" shall be changed to read "Spouse and Domestic Partner"
except as follows:
1. A Domestic Partner shall be deemed eligible to be enrolled for insurance or eligible for
Additional Benefits on the latest of:
a. the date of registration under Item 1 of the definition of Domestic Partner;
b. the date that the Employee is eligible for insurance under the Policy; or;
c. the effective date of the Rider.
24
3. The Spouse Rehabilitation Benefit and Survivor Benefit (if any) are modified in the Policy and
Certificate as follows:
1. All references to the term "Spouse" are replaced by "Spouse or Domestic Partner" except for
the following references:
a. The first reference to "Spouse" in the Survivor Benefit text is changed to "Spouse or
Domestic Partner" if there is no Spouse".
b. The text pertaining to the definition of "Spouse" remains unchanged.
4. Survivor benefits (if any) will be payable as follows: (1) to the Employee's spouse or Domestic
Partner; (2) if there is none, in equal shares to the Employee's surviving Children; or (3) if there
is none, to the Employee's estate.
5. A child of a Domestic Partner may only be eligible for benefits if:
a. the child is primarily dependent on the Employee for financial support;
b. the Employee has a legal obligation of support of the child; or
c. the Employee is the child's legal guardian.
Texas residents:
Any provision offsetting or otherwise reducing any benefit by an amount payable under an individual
or franchise policy will not apply.
Washington residents:
1. The following definition of "Children" as stated under the Survivor Benefit is applicable to
Washington residents.
"Children" means an Employee's children under age 26 who are chiefly dependent upon the
Employee for support and maintenance.
2. If the Policy provides coverage/benefits to a Spouse, a Domestic Partner will be afforded the
same coverage/benefits provided to a Spouse.
Domestic Partner means any of the following:
A person with whom the Employee has a registered domestic partnership under state law
which imposes legal obligations on the parties substantially similar to marriage. Such person
will continue to be recognized as a Domestic Partner unless and until: (1) the domestic
partnership is dissolved under applicable law; or (2) either the Employee or the Domestic
Partner marries another person.
3. All references in the policy to "Spouse" shall be changed to read "Spouse and Domestic Partner"
except as follows:
1. A Domestic Partner shall be deemed eligible to be enrolled for insurance or eligible for
Additional Benefits on the latest of:
a. the date of registration under Item 1 of the definition of Domestic Partner;
b. the date that the Employee is eligible for insurance under the Policy; or;
c. the effective date of the Rider
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4. The Spouse Rehabilitation Benefit and Survivor Benefit (if any) are modified in the Policy and
Certificate as follows:
1. All references to the term "Spouse" are replaced by "Spouse or Domestic Partner " except
for the following references:
a. The first reference to "Spouse" in the Survivor Benefit text is changed to "Spouse or
Domestic Partner" if there is no Spouse.
b. The text pertaining to the definition of "Spouse" remains unchanged.
5. Survivor benefits (if any) will be payable as follows: (1) to the Employee's spouse or Domestic
Partner; (2) if there is none, in equal shares to the Employee's surviving Children; or (3) if there
is none, to the Employee's estate.
6. A child of a Domestic Partner may only be eligible for benefits if:
a. the child is primarily dependent on the Employee for financial support;
b. the Employee has a legal obligation of support of the child; or
c. the Employee is the child's legal guardian.
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LIFE INSURANCE COMPANY OF NORTH AMERICA
PHILADELPHIA, PA 19192-2235
We, Weld County Government, whose main office address is Greeley, CO, hereby approve and accept the
terms of Group Policy Number LK-965458 issued by the LIFE INSURANCE COMPANY OF NORTH
AMERICA. We acknowledge that benefits will be provided in accordance with the terms and provisions of
the policy, which will be the sole contract under which benefits are paid.
This application is to be signed.
Signature: Z-�- Date: tAR 2 6 2018
Steve Moreno, Chair, Board of
Title: Weld County Commissioners
Weld County Government
TL -004778
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