More About The LTD Plan

The following information applies to your LTD coverage.

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Definitions

When administering this Plan, the Insurance Company will abide by the definitions of the following terms outlined below.

Active Employee

An A&B employee that is working the required number of hours per week (30) and who also meets the eligibility requirements described under Who Is Eligible.

Basic Monthly Earnings (Also Referred to as Pre-Disability Earnings)

The monthly rate of earnings you receive from A&B in effect at the time your disability or partial disability begins. However, such earnings will not include bonuses, commissions, overtime pay, or any other form of extra compensation.

Elimination Period

The period of consecutive days of disability (six months) for which no benefit is payable. The elimination period can be satisfied by days of total disability, partial disability or both.

Monthly Benefit

The monthly amount payable to you by the Insurance Company while you are disabled or partially disabled.

Monthly Rate of Basic Earnings

See Basic Monthly Earnings.

Other Income Benefits

Benefits from other income ("other income benefits") include any amount to which you are entitled under any...

  • Workers' Compensation law, occupational disease law, any compulsory benefit act or law, or any other act or law of like intent;

  • Group insurance plan of A&B, and/or any governmental retirement system as a result of your job with A&B; or

  • Retirement Plan offered by A&B, including the amount:

    • of any disability benefits or retirement you voluntarily elect to receive as retirement payment under the A&B Retirement Plan, and

    • you are eligible to receive as retirement payments when you reach age 62, or normal retirement age as defined in the A&B Retirement Plan.

  • Disability or retirement benefits provided under the U.S. Social Security Act, the Canada Pension Plan, the Quebec Pension Plan, or any similar plan or act for which:

    • you receive or are eligible to receive benefits, or

    • your spouse or child(ren) receive or are eligible to receive benefits because of your disability or eligibility for retirement benefits.

These benefits from other income, except retirement benefits, must be payable as a result of the same disability for which the Insurance Company is paying a LTD benefit.

Partial Disability or Partially Disabled

These terms will apply if as a result of injury or illness you are able to perform...

  • One or more, but not all of, the material and substantial duties of your own or any other occupation on an active employment or part-time basis; or

  • All of the material and substantial duties of your own or any other occupation on a part-time basis.

To be eligible for such benefits...

  • You must satisfy the elimination period, and

  • Your current monthly earnings may not exceed 80% of your pre-disability earnings.

Pre-Disability Earnings

See Basic Monthly Earnings.

Rehabilitative Employment

Employment or service that prepares a disabled individual for the resumption of gainful work, as long as such employment or service is approved in writing by the Insurance Company. Rehabilitative employment may include (when appropriate), but will not be limited to, any necessary and feasible vocational testing and training, workplace modification, prosthesis, and job replacement.

Total Disability or Totally Disabled

For the first 24 months during which time you are receiving LTD benefits, "disability" is defined as the inability to perform all duties of your own occupation. After 24 months, you will be considered disabled if you are unable to perform all duties of any occupation for which you are qualified based on your training, experience and education.

Note that failing to pass a physical examination required to maintain a license to perform the duties of your occupation does not, on its own, mean that you are totally disabled.

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Claim Procedures

If you are unable to work due to a serious disability that may be of a long-term nature (six months or longer), please consult your local Human Resources representative immediately. You will be advised when you and your physician should complete and submit the LTD claim forms to the Insurance Company. In certain cases, your HR representative may recommend filing the forms as soon as possible. The appropriate forms will be furnished by your HR representative or the Insurance Company.

You must provide the Insurance Company with proof of your claim no later than 30 days after the end of this Plan's elimination period (six months), or as soon as is reasonably possible. After that, the Insurance Company may require further written proof that you are still disabled. If such proof is not given by the time it is due, it will not affect the claim if...

  • It was not possible to provide the proof within the required time, and

  • Proof was given as soon as possible within one year after it is due.

You may be allowed additional time to provide proof if you are not legally competent.

The Insurance Company has the right to require, as part of proof of disability (or partial disability), any of the following...

  • All medical records and information related to your claim for disability including the:

    • date the disability began

    • cause of the disability

    • degree of the disability

  • Proof of regular attendance by a physician

  • Your signed statement identifying all other income benefits

  • Proof satisfactory to the Insurance Company that you and your dependents have duly applied for all other income benefits that are available

The Insurance Company reserves the right to determine if the proof of disability provided is satisfactory.

Note that you will not be required to claim any retirement benefits that you may only receive on a reduced basis.

Note, too, that if your claim for benefits is denied, you do have the right to appeal as described below.

If Your Claim Is Denied

If your claim is denied, the insurance company will notify you of the adverse decision within a reasonable period of time, but not later than 45 days after receiving the claim. This 45-day period may be extended for up to 30 days, if the insurance company: (1) determines the extension is necessary because of matters beyond the Plan’s control, and (2) notifies you, before the end of the 45-day period, why the extension is needed and the expected decision date. If, before the end of the first 30-day extension, the insurance company determines, due to matters beyond the Plan’s control, a decision cannot be rendered within that extension period, the determination period may be extended for up to an additional 30 days, provided the insurance company notifies you, before the end of the first 30-day extension period, why the extension is needed and the expected decision date.

The notice of extension shall explain: (1) the standards on which benefit entitlement is based, (2) the unresolved issues that prevent a claim decision, and (3) the additional information needed. You have at least 45 days to provide the information.

The claim determination time frames begin when a claim is filed, without regard to whether all the information necessary to make a claim determination accompanies the filing.

If an extension is necessary because you failed to submit necessary information, the days from the date insurance company sends you the extension notice until you respond to the request for additional information are not counted as part of the claim determination period.

The written notice of denial will include:

  • The specific reasons for the denial,

  • Reference to the specific plan provision on which the denial is based,

  • A description of any additional material or information necessary for you to complete your claim and an explanation of why such material or information is necessary,

  • Steps required for you to appeal the decision, including a statement of your right to bring a civil action under ERISA following an adverse decision on the appeal,

  • If applicable, any internal rule, guideline, protocol, or other similar criterion relied upon in making the adverse decision, or a statement that such a rule, guideline, protocol, or other similar criterion was relied upon and a copy thereof will be provided free of charge upon request, and

  • If he adverse decision was based on a medical necessity, experimental treatment, or similar exclusion or limit, an explanation of the scientific or clinical judgment for the adverse decision, or a statement that such explanation will be provided free of charge upon request.

Appeals

If you disagree with the determination made on your claim, you have the right to request a thorough review of the decision. If you do not request an appeal in writing on time, you will lose your right to appeal your denial or to file a suit in court.

You or you authorized representative, may appeal a denied claim within 180 days after you receive the Insurance company’s notice of denial. You have the right to:

  • Submit to the insurance company, for review, written comment, documents, records and other information relating to the claim;

  • Request, free of charge, reasonable access to, and copies of, all documents, records and other information relevant to your claim;

  • A review that takes into account all comments, documents, records and other information submitted by you, without regard to whether such information was submitted or considered in the initial claim decision;

  • A review that does not afford deference to the initial adverse decision and which is conducted neither by the individual who made the adverse decision nor that person’s subordinate;

  • If the appeal involves an adverse decision based on medical judgment, a review of your claim by a health care professional who has appropriate training and experience in the field of medicine involved in the medical judgment, and who was neither consulted in connection with the adverse decision nor the subordinate of any such individual; and

  • The identification of medical or vocational experts, if any, consulted in connection with the claim denial, without regard to whether the advice was relied upon in making the decision.

The insurance company will make a full and fair review of your appeal and may require additional documents as it deems necessary in making such a review.

A final decision on review will be made within a reasonable period of time but no later than 45 days following receipt of the written request for review unless it determines that special circumstances require an extension. In such a case, a written extension notice will be sent to you before the end of the initial 45-day period. The extension notice shall indicate the special circumstances and the date by which the insurance company expects to render the appeal decision. The extension cannot exceed a period of 45 days from the end of the initial period.

The appeal time frames begin when an appeal is filed, without regard to whether all the information necessary to make an appeal decision accompanies the filing. If an extension is necessary because you failed to submit necessary information, the days from the date the insurance company sends you the extension notice until you respond to the request for additional information are not counted as part of the appeal determination period.

The insurance company’s notice of denial shall include:

  • The specific reason or reasons for denial with reference to those Plan provision on which the denial is based;

  • A statement that you are entitled to receive, upon request and free of charge, reasonable access to, and copies of all documents, records, and other information relevant to your claim; and

  • A statement describing any voluntary appeal procedures offered by the Plan and your right to obtain the information about such procedures, and a statement of your right to bring an action under ERISA.

  • If applicable, any internal rule, guideline, protocol, or other similar criterion relied upon in making the adverse decision, or a statement that such a rule, guideline, protocol, or other similar criterion was relied upon and a copy thereof will be provided free of charge upon request; and

  • If he adverse decision was based on a medical necessity, experimental treatment, or similar exclusion or limit, an explanation of the scientific or clinical judgment for the adverse decision, or a statement that such explanation will be provided free of charge upon request

You and your Plan may have other voluntary alternative dispute resolution options, such as mediation. One way to find out what may be available is to contact your local U.S. Department of Labor Office and your State insurance regulatory agency.

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Claim Payments

The Insurance Company generally pays claims when it receives proof of a claim and has determined you are disabled and eligible for benefits. You will receive monthly benefit payments while you continue to be disabled, up to the period specified under How Long LTD Benefits Last

All benefits are payable to you. However, if any payments are owed at your death, these may be paid to your estate. If any payment is owed to your estate, an individual who is a minor, or an individual who is not legally competent, the Insurance Company reserves the right to pay up to $2,000 to any of your relatives whom it considers entitled to payment.

If you are making a claim, the Insurance Company also has the right to request that you undergo a physical examination.

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Misstatement Of Facts

If material facts about you are not stated accurately, your premium may be adjusted and the true facts will be used to determine if, and for what amount, coverage should have been in force. However, no statement you make relating to your insurability will be used to contest your coverage after the coverage has been in force for two years, as long as the statement is in writing and signed by you.

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Legal Action

While we do not anticipate your needing to take legal action as a result of a claim for disability, you should know that this right is available to you after you have exhausted the Plan's appeal process. Details on appealing denied claims is provided under Appeals above.

However, you should know that you may start legal action only if...

  • 60 days have passed since you gave proof of your disability to the Insurance Company, and

  • It is less than one year since the date the Insurance Company required proof of your disability.

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If Your Disability Is Caused By A Third Party

  • In the event you...

  • Are disabled as a result of the act or omission of a third party;

  • Become entitled to, and are paid benefits under, this Plan; and

  • Do not initiate legal action for the recovery of such benefits from the third party in a reasonable period of time

... the Insurance Company will have the right to bring legal action to recover any payments made by (or responsible by) the third party in connection with the disability.

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LTD And Your Other A&B Benefits

While you are receiving disability benefits, A&B will continue to provide you with your FlexSolutions benefits, including...

  • Health care coverage,* and

  • Employee Life and AD&D Insurance.

However, you may be responsible for continuing to contribute your share of the cost of these coverages. Such contributions, if required, must be made on an after-tax basis.

For more information regarding continuing your benefits while you are disabled, contact your local Human Resources representative.

* If you remain on Social Security disability for more than two years, you may be eligible for Medicare benefits. Contact your local Social Security office for more details.

Workers' Compensation

Workers' Compensation insurance pays the medical expenses and provides temporary disability benefits for any illness or injury that occurs as a result of your work. If you are an eligible employee (as outlined under Who Is Eligible.), you are automatically covered by Workers' Compensation.

The important thing for you to remember is that if you become injured on the job (or suffer a job-related illness), be sure to contact your manager. He or she will arrange medical care for you and report the incident. Then, if you miss time away from work, you may be eligible for compensation through the Workers' Compensation program.

In general, you cannot receive disability benefits for any day for which you receive Workers' Compensation benefits. However, if the Workers' Compensation benefits are less than what you would otherwise receive from the disability plans, the disability plans will pay the difference.

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When Coverage Ends

Your coverage under the FlexSolutions LTD Plan ends on the date...

  • Your A&B employment ends

  • The group policy ends

  • You are no longer eligible under FlexSolutions (as outlined under Who Is Eligible.) or under any other new eligibility provisions that may apply

  • Any premium payment is due but not paid

  • At the end of the period in which you fail to make any required contribution

  • You cease active work due to a labor dispute, including strike, work slowdown or lockout

However, if you are disabled and eligible to receive LTD benefits, your LTD coverage will continue—without the payment of premium—for as long as you remain totally disabled and are entitled to receive benefits under the policy.

If this policy ends while you are entitled to receive benefits, you will continue to receive benefits for as long as you remain disabled by the same disability. However, these benefits will not be provided beyond the date the Insurance Company would have stopped paying benefits had the policy remained in force. For information regarding when LTD benefits end, see How Long LTD Benefits Last.

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