72-M3 - Short-Term Disability Contract.pdf

Symetra Life Insurance Company is known as Symetra in this policy.

Symetra will pay the benefits provided in this policy.

This policy has been issued in consideration of the application and payment of the first premium.

This policy is a legal contract between the policyholder and Symetra.

Read this policy carefully. Signed for Symetra as of the policy effective date.

Jacqueline M. Veneziani, Secretary

Margaret Meister, President

Registrar

Policyholder

Policy Number

GROUP

INSURANCE

POLICY

GDC-4000 12/05 Symetra ® is a registered service mark of Symetra Life Insurance Company..

Symetra Life Insurance Company 777 108th Avenue NE, Suite 1200 Bellevue, WA 98004-5135 1-800-SYMETRA or 1-800-796-3872

GDC-4000 12/05 1 ER-1 TX Rev 10/05

GROUP SHORT TERM DISABILITY INSURANCE

Policyholder: City of Burleson

Policy Number: 01 017859 00

Policy Effective Date: January 1, 2022

Policy Anniversary Date: January 1, 2023

State of Policy Issue: Texas

Policy Insured By: Symetra Life Insurance Company, referred to as “the Company”, “we”, “us”, and “our”.

We will provide the benefits under this policy in consideration of the application and premium. We make this promise subject to all of the provisions of this policy.

Read this policy carefully and contact us promptly if you have questions. This policy is delivered and is governed by the laws of the state of policy issue and to the extent applicable by the Employee Retirement Income Security Act of 1974 (ERISA) and any amendments.

This policy consists of:

• all policy provisions and any amendments and/or attachments issued;

• the policyholder’s application, which will be attached to the policy upon issue;

• employees' signed applications, if any;

• the certificate of coverage.

This policy may be changed in whole or in part. Only an officer of ours can approve a change. The approval must be in writing and endorsed on or attached to this policy. No other person, including any agent, may change this policy or waive any part of it.

THIS IS NOT A POLICY OF WORKERS' COMPENSATION INSURANCE. THE EMPLOYER

DOES NOT BECOME A SUBSCRIBER TO THE WORKERS' COMPENSATION SYSTEM BY

PURCHASING THIS GROUP POLICY, AND IF THE EMPLOYER IS A NON-SUBSCRIBER,

THE EMPLOYER LOSES THOSE BENEFITS THAT WOULD OTHERWISE ACCRUE UNDER

THE WORKERS' COMPENSATION LAWS. THE EMPLOYER MUST COMPLY WITH THE

WORKERS' COMPENSATION LAW AS IT PERTAINS TO NON-SUBSCRIBERS AND THE

REQUIRED NOTIFICATIONS THAT MUST BE FILED AND POSTED.

GDC-4000 12/05 2 ER-2

INTRODUCTION

This policy is divided into two sections:

• the employer section;

• the employee section.

Both sections together form the policy and include all of the benefits available under a plan.

Whenever we use the terms "you or your" in the employer section, we mean the employer.

GDC-4000 12/05 3 ER-3S TX Rev 3/99

SHORT TERM DISABILITY

POLICY DETAILS

These are details concerning your policy:

Plan Effective Date:

January 1, 2022

Divisions, Subsidiaries or Affiliated Companies Include:

Name Location Effective Date Termination Date

None

Initial Rate:

$0.210 per $10 of weekly benefit.

Rate Guarantee:

A change in the premium rate will not take effect prior to January 1, 2024, or 12 months following the policy effective date, whichever is later. However, the premium rate may change prior to this time for reasons that affect the insured risk, which includes:

• a change occurs in a plan of benefits;

• a division, subsidiary, or affiliated company is added or deleted;

• the number of employees insured by a plan changes by 10% or more;

• a new law or a change in any existing law is enacted which applies to a plan.

We will notify you in writing at least 60 days before a premium rate change is effective. A change may take effect on an earlier date if you agree to it.

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SHORT TERM DISABILITY

POLICY DETAILS (continued)

When do you need to pay premium?

Premium payments are due on the plan effective date, and the first day of each calendar month after the plan effective date.

We must receive all premiums on or before the date the premium is due. You must pay premium in United States dollars.

Premium payments for this coverage must continue for any employee receiving payments under this plan.

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EMPLOYER PROVISIONS

WHEN DO YOU MAKE PREMIUM CHANGES?

If employee status changes occur during a policy month then you must report the changes on the next premium due date following the change. Any premium increase or decrease will be adjusted and will become due at this same time, but will not be pro-rated daily.

If you pay premium on other than a monthly basis, changes in premiums will result in a monthly pro-rated adjustment on the next premium due date.

We will adjust premiums for the current policy year and the prior policy year unless changes are the result of fraudulent information.

WHAT INFORMATION DO WE REQUIRE OF YOU?

You must give us the following on a regular basis:

• information about your employees:

– who are eligible to become insured;

– whose amounts of coverage changed, including salary increase and decrease information;

– whose coverage ends;

• occupational information and any other information that we may reasonably require.

Your records that we believe have a bearing on coverage under this plan are open for our review at any reasonable time.

Clerical error or omission will not:

• prevent an employee from receiving coverage;

• affect the amount of an insured's coverage;

• affect the amount of premium actually owed;

OR

• effect or continue an insured’s coverage if it should not be in effect or continue in effect.

If the amount of premium paid is incorrect due to clerical error, we will adjust premiums for the current policy year and, if applicable, the prior policy years.

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(continued)

WHEN CAN THIS POLICY OR A PLAN UNDER THIS POLICY BE CANCELED?

This policy or a plan under this policy can be canceled:

• by us; or

• by you.

We may cancel or offer to modify this policy or a plan, with at least 31 days written notice, when:

• the employees pay all or a part of the cost of their coverage and less than 75% of the employees eligible for coverage are participating in a plan;

• you are paying the full cost of coverage and less than 100% of the employees eligible for coverage are participating in a plan;

• you do not promptly provide us with information that we need;

• this policy has been in effect more than 24 months;

• you fail to perform any of your obligations that relate to this policy;

• fewer than 10 employees are insured for coverage under this policy or a plan.

If you fail to pay the premium during the 31 day grace period, this policy or plan will terminate automatically on the last day for which premium was paid. You are responsible for paying premium for coverage in effect during the grace period. You must pay us all premium due for the full period each plan is in effect.

Plan means a line of coverage under this policy.

Grace period means the period of time following the premium due date, except for the first premium, during which premium payment may be made.

We reserve the right to review and terminate all classes covered under a plan if any class(es) cease(s) to be covered.

You may cancel this policy or a plan by giving us written notice at least 31 days before you intend the policy or plan to end. Cancellation can occur on an earlier date, if we agree. If this policy or a plan is canceled, the cancellation will not affect a payable claim.

Payable claim means a claim for which we are liable under the terms of this policy.

If this policy or a plan is canceled, coverage will end at 12:01 a.m. on the last day of coverage.

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CAN A PLAN BE CHANGED?

You must give us advance notice of a request to change a plan.

WHAT IF STATUTES IN THE STATE OF POLICY ISSUE CHANGE?

Any provision of this policy which, on or after the policy effective date, conflicts with the statutes of the state of policy issue or any federal statutes, is hereby amended to comply with the minimum requirements of such statute.

CAN THE VALIDITY OF THIS POLICY BE DISPUTED?

The validity of this policy shall not be disputed after the policy has been in effect for two years from the policy effective date, except in situations when:

• premium has not been paid;

OR

• for fraudulent misrepresentations.

Disputing the validity of this policy shall be prohibited if statements made by the applicant in applying for this policy do not appear in a written document signed by the person making the statement. A copy of the written document must be given to the person making the statement.

GDC-4500 12/05 Symetra ® is a registered service mark of Symetra Life Insurance Company.

SHORT TERM DISABILITY INCOME INSURANCE

CLASS 1

Employee Benefits

Insurance Certificate

Symetra ® is a registered service mark of Symetra Life Insurance Company.

Symetra Life Insurance Company 777 108th Avenue NE, Suite 1200

Bellevue, Washington 98004-5135

Symetra Life Insurance Company is known as Symetra in this certificate.

"You" and "your" refer to the insured employee in this certificate.

This certificate summarizes the major parts of the policy under which you are insured. Your insurance is subject to all the terms of the policy. This certificate replaces all others previously issued.

Signed for Symetra as of the policy effective date.

READ THIS CERTIFICATE CAREFULLY

Margaret Meister, Jacqueline M. Veneziani, Secretary President

GDC-4500 12/05 1 C-1

GROUP SHORT TERM DISABILITY INSURANCE

CERTIFICATE OF COVERAGE

Policyholder: City of Burleson

Policy Number: 01 017859 00

Policy Effective Date: January 1, 2022

Symetra Life Insurance Company (referred to as “the Company”, "we", "us", or "our") welcomes you as a client.

This is your certificate of coverage as long as you are eligible for coverage and you become insured. You will want to read it carefully and keep it in a safe place.

Your certificate of coverage is written in plain English. There are a few terms and provisions written as required by insurance law. If you have any questions about any of the terms and provisions, please consult our claims paying office. We will assist you in understanding your benefits.

If the terms and provisions of the certificate of coverage (issued to you) differ from the policy (issued to the Policyholder), the policy will govern. Your coverage may be canceled or changed in whole or in part under the terms and provisions of the policy.

The policy is delivered in and is governed by the laws of Texas and to the extent applicable by the Employee Retirement Income Security Act of 1974 (ERISA) and any amendments.

When making a benefit determination under the policy, we have discretionary authority to determine your eligibility for benefits and to interpret the terms and provisions of the policy.

For purposes of effective dates and ending dates under the group policy, all days begin at 12:00 midnight and end at 12:01 a.m. at the policyholder's address.

GDC-4500 12/05 2 C-2

TABLE OF CONTENTS

Your certificate is divided into the following sections:

SECTION 1 - HIGHLIGHTS OF YOUR PLAN

SECTION 2 - GENERAL INFORMATION

SECTION 3 - ELIGIBILITY FOR COVERAGE

SECTION 4 - BENEFIT SPECIFICS

• disability defined

• details on calculating benefit payments

• exclusions and limitations that may apply

SECTION 5 - CLAIM INFORMATION

For your ease in finding information in your certificate, we:

• Start each section with a summary of the contents and the terms we define in the section.

• Shade all of the defined terms within a section.

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SECTION 1: HIGHLIGHTS OF YOUR STD PLAN

This is a brief overview of your plan of benefits. We refer to these terms often throughout this certificate. Whenever we use these terms in the certificate they have the following meaning, unless we advise you otherwise.

Eligible Class 1 = All Active Full Time Employees.

You must be working at least 30 hours per week.

Benefit Percentage = 60%

Maximum Payment Amount = $1,500*

* We may reduce the amount we pay you by other income amounts and any income you earn or receive from any form of employment. Some disabilities may not be covered under this plan. A pre-existing conditions exclusion and other limitations may apply to the STD plan.

Minimum Payment Amount = $25

We may apply all payments to you toward overpayments.

Elimination Period = If disability is due to an injury: 7 days.

If disability is due to a sickness: 7 days.

Pre-disability earnings means your gross weekly rate of earnings from the employer in effect on the policy anniversary just prior to the date disability begins, or in effect on your date of employment if you were not in employment on the previous policy anniversary. It does not include commissions, bonuses, overtime pay or other extra compensation.

If your disability begins while you are on a covered layoff, military leave of absence or leave of absence, we will use your pre-disability earnings from the employer in effect on the policy anniversary just before the date your absence begins, or in effect on your date of employment if you were not in employment on the previous policy anniversary.

Our payments to you will be based on the amount of your pre-disability earnings covered by this plan and for which premium has been paid.

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SECTION 1: HIGHLIGHTS OF YOUR STD PLAN

Maximum Payment Duration = 12 weeks

Waiting Period:

If you are in an eligible class on or before the plan effective date: None.

If you are entering an eligible class after the plan effective date: None.

If your employment ends and you are rehired by the same employer within 1 year, we will apply your previous employment in an eligible class toward completing the waiting period.

All other provisions of this plan apply.

Cost of Coverage:

The employer pays the cost of your coverage.

The cost of your coverage must be paid for any period of time during which you are disabled under this plan.

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SUMMARY OF THE GENERAL INFORMATION SECTION 2

What will you find in this section?

• information we have access to

• how we use statements made in applying for coverage

• insurance fraud

• time limits for legal proceedings

What terms do we define in this section?

• you

• we

• us

• our

• employee

• employer

• insured

• plan

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SECTION 2: GENERAL INFORMATION

WHAT IS THE CERTIFICATE OF COVERAGE?

This certificate of coverage is a written statement prepared by us and may include attachments. It tells you:

• the coverage to which you may be entitled

• to whom we make payments

AND

• the limitations, exclusions and requirements applying to a plan.

You means an employee who is eligible for the coverage of this plan.

We, us and our means the Insurance Company named on the first page of your Certificate of Coverage.

Employee means a person who is a citizen or permanent resident of the United States in active employment with the employer unless we advise you otherwise.

This plan excludes temporary and seasonal workers from coverage.

Employer means individual, company or corporation where you are in active employment, and includes any division, subsidiary or affiliated company named in the policy.

Insured means a person covered under this plan.

Plan means a line of coverage under the policy.

GDC-4500 12/05 7 EE-2-2 TX

TO WHAT INFORMATION DO WE HAVE ACCESS?

The employer will give us information about you including:

• if you are eligible for coverage

• if your amount of coverage changes, including salary change information

• if your coverage terminates

• other information we may reasonably require.

The employer's records that we believe have a bearing on coverage under this plan are open for our inspection at any reasonable time.

Clerical error or omission will not:

• prevent you from receiving coverage

• affect the amount of your coverage

OR

• effect or continue your coverage if it should not be in effect or continue in effect.

HOW CAN WE USE STATEMENTS YOU OR THE EMPLOYER MADE IN APPLYING FOR

COVERAGE?

We consider any statements you or the employer made in a signed application for coverage a representation and not a warranty. If any of the statements you or the employer made are not complete and/or not true at the time they were made, we can:

• reduce or deny any claim

OR

• cancel your coverage back to the date your coverage became effective.

We will use only statements made in a signed application as a basis for doing this. You, your beneficiary, or your personal representative will receive a copy of the signed application.

GDC-4500 12/05 8 EE-2-3

HOW WILL WE HANDLE INSURANCE FRAUD?

We promise to focus on all means necessary to support fraud detection, investigation, and prosecution. It is a crime if you or the employer knowingly, and with intent to injure, defraud or deceive us, file a claim containing any false, incomplete or misleading information. These actions, as well as submission of false information, will result in denial of your claim, and are subject to prosecution and punishment to the full extent under state and/or federal law. We will pursue all appropriate legal remedies in the event of insurance fraud.

WHAT IF FACTS ABOUT YOU ARE NOT ACCURATE?

If relevant facts about you were not accurate, then we will use accurate information to decide if your coverage should be in effect and what your amount of coverage should be.

If the cost of your coverage is affected, we will make a fair adjustment in the cost.

DOES THE EMPLOYER ACT AS YOUR AGENT?

For all purposes of the policy, the employer acts on its own behalf or as your agent. The employer is not our agent.

WHAT ARE THE TIME LIMITS FOR LEGAL PROCEEDINGS?

You can start legal action regarding your claim 60 days after the date you sent us proof of claim. You have up to three years after the date you sent us proof of claim to start legal action, unless otherwise provided by law.

DOES THIS PLAN REPLACE OR AFFECT ANY REQUIREMENT FOR WORKERS'

COMPENSATION OR STATE DISABILITY INSURANCE?

The plan does not replace or affect requirements for coverage by Workers’ Compensation Insurance or state disability insurance.

GDC-4500 12/05 9 EE-3-Summary

SUMMARY OF THE ELIGIBILITY FOR COVERAGE SECTION 3

• eligibility for coverage

• waiting period

• when coverage becomes effective

• evidence of insurability requirements

• what happens to coverage during a layoff, military leave of absence, leave of absence or a family or medical leave of absence

• when coverage under this plan ends

What terms do we define in this section?

• waiting period

• active employment

• work site

• evidence of insurability

• layoff

• military leave of absence

• leave of absence

• family or medical leave of absence

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SECTION 3: ELIGIBILITY FOR COVERAGE

WHEN ARE YOU ELIGIBLE FOR COVERAGE?

If you are in an eligible class you may apply for coverage under this plan on the later of:

• the date the plan is effective;

OR

• the date you complete the waiting period.

WHAT IS YOUR WAITING PERIOD?

Your waiting period appears in the PLAN HIGHLIGHTS.

Waiting period is the number of days you must be in active employment in an eligible class before you may apply for coverage.

If you have been continuously employed by the employer but were not in an eligible class, we will apply any prior period of work with the employer toward the waiting period.

Active employment means you are:

• working for the employer at your work site for earnings the employer pays on a regular basis;

AND

• performing the material and substantial duties of your regular occupation.

Active employment includes normal non-work days such as vacation, weekends and holidays.

Your work site must be:

• the employer’s usual place of business;

• an alternative location if directed by the employer;

OR

• a location to which your occupation requires you to travel.

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WHEN DOES YOUR COVERAGE BECOME EFFECTIVE?

Your coverage will be effective on the day determined as follows:

If you apply for coverage within the first 31 days after the date you are first eligible to apply

AND

-you are paying for some or all of the cost of your coverage

THEN

your coverage is effective on the date you apply.

OR

-you are not paying for any of the cost of your coverage

THEN

your coverage is effective on the date you are eligible.

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WHEN IS EVIDENCE OF INSURABILITY REQUIRED?

You will need to provide evidence of insurability to us with your application if you:

• apply for coverage more than 31 days after the date you are first eligible to apply;

OR

• voluntarily terminate your coverage and want to reapply for coverage;

OR

• apply for an amount of coverage for which we require proof of insurability.

You must apply for coverage in writing through the employer and use an application form that is satisfactory to us. Your coverage will be effective on the date we approve your application.

Evidence of insurability means a statement of your medical history which we will use to assess if you will be approved for coverage.

WHAT IF YOU ARE NOT IN ACTIVE EMPLOYMENT ON THE DATE YOUR COVERAGE

WOULD BE EFFECTIVE?

If you are not in active employment as a result of your injury or a sickness then your coverage will be effective on the date you return to active employment. This applies to your initial coverage, as well as any increases or additions to coverage occurring after your initial coverage is effective.

WILL YOUR COVERAGE CONTINUE IF YOU ARE ON A LAYOFF, MILITARY LEAVE OF

ABSENCE OR LEAVE OF ABSENCE?

Your employer may continue your coverage if you are on a layoff or on an approved military or non-military leave of absence. For a layoff, your coverage may continue for up to 12 months following the month in which your layoff begins and for a non-military leave of absence, your coverage may continue for up to 12 months following the date your leave of absence begins. For a military leave of absence, your coverage may be continued for a period not to exceed the longest of the period of time that coverage is continued under the plan for layoff, non-military leave of absence, or family or medical leave of absence. The cost of your coverage must be paid during the layoff or leave of absence period.

Layoff or non-military leave of absence means the employer has agreed in writing and in advance to a temporary absence from active employment for a specified period of time. Your normal vacation time or any period of disability is not considered a temporary layoff or leave of absence.

Military leave of absence means the employer has agreed in writing and in advance to a temporary absence from active employment for a specified period of time while you are in active military service. Your normal vacation time or any period of disability is not considered a temporary military leave of absence.

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WHAT HAPPENS TO YOUR COVERAGE IF YOU ARE ON A FAMILY OR MEDICAL LEAVE OF

ABSENCE?

If you are on a family or medical leave of absence, your coverage will be governed by the employer's Human Resource policy on family and medical leaves of absence.

We will continue your coverage if the following conditions are met:

• premiums for the cost of your continued coverage are paid;

AND

• your leave is approved in advance and in writing by the employer.

Your coverage will continue for up to the greater of:

• the leave period required by the Federal Family and Medical Leave Act of 1993, and any amendments;

OR

• the leave period required by applicable state law.

While you are on an approved family or medical leave of absence, we will use earnings from your regular occupation you were performing just prior to the date your leave of absence started to determine our payments to you.

If your coverage does not continue during a family or medical leave of absence, then when you return to active employment:

• you will not have to meet a new waiting period, including a waiting period for coverage of a pre-existing condition;

AND

• you will not have to give us evidence of insurability to reinstate the coverage you had in effect before your leave began.

Family and medical leave of absence means a leave of absence for the birth, adoption or foster care of a child, or for the care of you, your child, spouse or parent who has a serious health condition as those terms are defined by the Federal Family and Medical Leave Act of 1993 and any amendments, or by applicable state law.

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WHEN DOES YOUR COVERAGE UNDER THIS PLAN END?

Your coverage under this plan will end on the earliest of the following:

• the date the policy or plan terminates;

• the date you are no longer in an eligible class;

• the date your class is no longer eligible for coverage;

• the last day for which premium for your coverage has been paid;

• the date you cease active employment due to a labor dispute, including but not limited to strike, work slowdown, or lockout;

• the date you cease active employment with the employer, unless you are disabled or on an approved layoff, military leave of absence or leave of absence.

We will provide coverage for a payable disability claim that occurs while you are covered under the policy or plan.

Strike Continuation provision:

You may continue your coverage for not more than six months while you are not in active employment because of a general work stoppage (including a strike or lockout) resulting from a labor dispute between the employer and your collective bargaining unit, subject to the following rules:

1. The premiums for your coverage during the work stoppage will equal 120% of the premium rate in effect under the policy on the date the work stoppage began. We have the right to change the premium rates during the work stoppage in accordance with the terms of the policy.

2. You must pay the entire premium for your coverage (including the employer's share) to your collective bargaining unit as each premium comes due during the work stoppage.

3. Your coverage during a work stoppage will end on the earliest of the following dates:

a. On any premium due date, if you fail to make the required premium payment to your collective bargaining unit on or before that date.

b. On the date six months after you last were in active employment.

c. On the date you begin full time employment with another employer.

d. At our option, on any premium due date, if less than 75% of the employees eligible to continue their coverage make the required premium payment to your collective bargaining unit.

GDC-4500 12/05 15 EE-4S-Summary Rev 10/05

SUMMARY OF THE SHORT TERM DISABILITY BENEFIT SPECIFICS SECTION 4

• what disability means

• when weekly payments start

• returning to work during the elimination period

• requirements of care from a doctor

• when will we not cover a disability

• our payment if you are disabled and not working

• our payment if you are disabled and working

• what are (are not) other income amounts

• cost of living increases to any other income amounts

• when weekly payments stop

• temporary recovery

What terms do we define in this section?

• disability

• material and substantial duties

• regular occupation

• reasonable employment option

• sickness

• injury

• elimination period

• regular care

• doctor

• maximum weekly payment

• gross weekly payment

• minimum weekly payment

• maximum capacity

• retirement plan

• disability benefits under a retirement plan

• retirement benefits under a retirement plan

• eligible retirement plan

• maximum payment duration

• prior group insurance plan extended reg occ w/ residual

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SECTION 4: SHORT TERM DISABILITY BENEFIT SPECIFICS

WHAT DOES DISABILITY MEAN?

Disabled/Disability means our determination that your sickness or injury:

• prevents you from performing with reasonable continuity the material and substantial duties of your regular occupation and a reasonable employment option offered to you by the employer; and

• as a result, the income you are able to earn is less than or equal to 80% of your pre-disability earnings.

Material and substantial duties are the duties that:

• are normally required for the performance of the occupation;

AND

• cannot be reasonably omitted or changed.

non-occ

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Regular occupation means the occupation, as it is performed nationally, that you are routinely performing when your disability begins. Your regular occupation does not mean the job you are performing for a specific employer or at a specific location.

Reasonable employment option means an employment position with the employer for which you are able to perform the material and substantial duties given your education, training and experience. If you have been working in a reasonable employment option for 6 months or more, the reasonable employment option will then be considered your regular occupation.

Sickness means an illness or disease. It also includes an injury which occurs before you are insured. It does not include risk of sickness. This plan does not cover an occupational sickness.

Injury means a bodily injury that occurs while you are insured and is the direct result of an accident and not related to any other cause. It does not include risk of injury. This plan does not cover an occupational injury.

Occupational sickness or occupational injury means a sickness or injury caused by or aggravated by any employment for pay or profit.

Related Rules:

You will not be considered disabled from work in an occupation because of a reduction in your earnings resulting from a change in economic conditions or other factors that are not directly related to your sickness or injury. Examples of factors that we will not consider in determining whether you are disabled include, but are not limited to, recession, job obsolescence, job restructuring or elimination, pay cuts, and job sharing.

You will not be considered disabled from work in an occupation solely because of:

1. Your employer's work schedule that is inconsistent with the normal work schedule of your regular occupation;

2. Your relationship with your employer or other employees of the employer; or

3. The physical relationship of your employer's workplace that is inconsistent with the normal physical environment of your regular occupation.

You will not be considered disabled from work in an occupation solely because of the loss, suspension, restriction, surrender, or failure to maintain a required state or federal license to engage in the occupation.

You will not be considered disabled from work in an occupation solely because of your inability to work more than 40 hours per week in the occupation, even if you were regularly required to work more than 40 hours per week prior to becoming disabled.

Your disability must begin while you are covered under the policy.

acc of ep = 7 days

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DOES YOUR DISABILITY NEED TO CONTINUE FOR A PERIOD OF TIME BEFORE OUR

PAYMENTS TO YOU BEGIN?

Your disability must continue through the elimination period before we begin making payments to you.

Elimination period is a period of continuous days of disability. The elimination period begins on the first day of your disability.

WHAT HAPPENS IF YOU RETURN TO WORK DURING THE ELIMINATION PERIOD?

We will consider your disability continuous if you have one or more periods of temporary recovery during the elimination period for a maximum of 7 days AND become disabled again due to the same sickness or injury.

Temporary recovery means any time when we do not consider you to be disabled. The days you are not disabled will not count toward the elimination period.

HOW CAN WE ASSIST YOU IN RETURNING TO WORK?

Other vocational rehabilitation services may be available to you. These services are designed to coordinate with your LTD plan and can be found in the ADDITIONS TO YOUR LTD PLAN section.

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DO YOU NEED TO BE UNDER THE CARE OF A DOCTOR?

We require you to be under the regular care of a doctor for the sickness or injury causing your disability in order to be eligible to receive payments from us.

Regular care means:

• you personally visit a doctor as often as is medically required to effectively manage and treat your disabling condition(s), according to generally accepted medical standards;

AND

• you are receiving appropriate treatment and care, according to generally accepted medical standards. Treatment and care for the sickness or injury causing your disability must be given by a doctor whose specialty or experience is appropriate.

Doctor means a person:

• regularly performing tasks that are within the limits of the person's medical license;

AND

• who is licensed to practice medicine and prescribe and administer drugs or to perform surgery;

• with a doctoral degree in Psychology (Ph.D. or Psy.D.) and whose primary practice is treating patients; OR

• who is a legally qualified medical practitioner according to the laws and regulations of the jurisdiction in which regular care is being given.

We will not recognize you, your spouse, children, parents, or siblings as a doctor for a claim you submit.

non-occ

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MAY WE REQUIRE YOU TO BE EXAMINED OR INTERVIEWED BY INDIVIDUALS OTHER

THAN THE DOCTOR PROVIDING REGULAR CARE?

We may require you to be examined by doctor(s), other medical practitioner(s) or vocational expert(s) of our choice. We will pay for this examination. We can require an examination as often as it is reasonable to do so. In addition, we may require an interview with you by an authorized representative of ours.

WHEN WILL WE NOT COVER A DISABILITY?

We will not cover a disability if it is due to:

• war, declared or not, or any act of war;

• intentionally self-inflicted injuries or illness, while sane or insane;

• your active participation in a riot;

• your attempt to commit or your commission of a felony under federal or state law, or your being engaged in an illegal occupation;

• an injury arising out of, or in the course of, any work for wage or profit;

• a sickness for which you are entitled to benefits under any Workers’ Compensation Act, Occupational disease law, Compulsory Benefit Act or law or similar law, unless you are a partner or sole proprietor not covered by any of these acts or laws;

• your service in the armed forces, military reserves or National Guard of any country or International authority, or in a civilian unit serving with such forces;

• cosmetic or reconstructive surgery, except for complications arising from any such surgery or for surgery necessary to correct a deformity caused by accidental injury or sickness;

• an accident resulting from or caused by your operation of a motor vehicle while intoxicated according to the laws of the jurisdiction where the accident occurred; or

• an accident resulting from or caused by your being under the influence of drugs or any controlled substance, unless taken as prescribed by your doctor.

No benefits are payable for any period of disability during which you are incarcerated in a penal or correctional facility for a period of 30 or more consecutive days or for which you are not under the regular care of a doctor.

If your professional or occupational license or your certification is suspended, revoked or surrendered, loss of your license or certification, by itself, does not mean you are disabled.

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HOW MUCH WILL OUR WEEKLY PAYMENT TO YOU BE IF YOU ARE DISABLED AND NOT

WORKING OR DISABLED AND WORKING, EARNING LESS THAN 20% OF YOUR PRE-

DISABILITY EARNINGS?

Our payment will be figured by using the following Steps 1 through 4:

Step 1: Multiply your weekly pre-disability earnings by the benefit percentage.

Step 2: Compare this amount to the maximum weekly payment for this plan.

Step 3: Take the lesser of the amounts from Steps 1 and 2. This is your gross weekly payment.

Step 4: Subtract from the gross weekly payment any other income amounts, except any income you earn or receive from any form of employment or income you could have earned from working to maximum capacity. This is the payment that you may receive.

HOW MUCH WILL OUR WEEKLY PAYMENT BE IF YOU ARE DISABLED AND WORKING,

EARNING BETWEEN 20% AND 80% OF YOUR PRE-DISABILITY EARNINGS?

Our payment will be figured by using the following Steps 1 through 4:

Step 1: Multiply your weekly pre-disability earnings by the benefit percentage.

Step 2: From 100% of your weekly pre-disability earnings subtract any other income amounts, including any income you earn or receive from any form of employment or income you could have earned from working to maximum capacity.

Step 3: Compare the results from Steps 1 and 2 with the maximum weekly payment for this plan.

Step 4: The payment you may receive is the lesser of the amounts from Step 3.

Your loss of earnings must be as a result of or due to the same sickness or injury for which you are disabled.

IF YOU ARE DISABLED AND WORKING, EARNING MORE THAN 80% OF YOUR PRE-

DISABILITY EARNINGS, THEN NO PAYMENT WILL BE MADE.

WHAT IF YOUR CURRENT INCOME FLUCTUATES?

If your current income fluctuates, we may average amounts over a four (4) consecutive week period of time.

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Maximum weekly payment means the maximum weekly amount for which you are insured under this plan.

Minimum weekly payment means the minimum weekly amount for which you are insured under this plan, except where necessary to recover an overpayment.

Gross weekly payment means the weekly payment amount before we subtract other income amounts.

Your pre-disability earnings, benefit percentage, and maximum weekly payment appear in the PLAN HIGHLIGHTS.

WHAT IF YOU ARE DISABLED FOR ONLY PART OF A WEEK?

Your weekly payment from us is pro-rated. This means that if you are disabled for only part of a week, you will receive a payment equal to 1/7th of a full weekly payment for each day of the week you are disabled.

Primary/Family

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WHAT ARE OTHER INCOME AMOUNTS?

These are amounts, other than payments you are receiving from us, that include:

1. any benefits and awards you receive or are eligible to receive under:

a. Workers’ Compensation Law

b. occupational disease law

c. any other similar act or law.

2. any disability income benefits you receive or are eligible to receive under:

a. any compulsory benefit act or law

b. any other group insurance plan with the employer or with an association

c. any other group insurance plan with another employer which you become insured under while you are disabled under this plan

d. any governmental retirement system as a result of your job with the employer.

3. any benefits under the United States Social Security Act, The Canada Pension Plan, The Quebec Pension Plan and includes any similar plan or act. Benefits include:

a. disability benefits you, your spouse, or your children receive or are eligible to receive as a result of your disability

b. retirement benefits you receive, your spouse or your children receive as a result of your receipt of retirement benefits.

If your disability begins after your 70th birthday, and you were receiving Social Security retirement benefits before your disability began, then we will not reduce our payments to you by these retirement benefits.

4. any benefits you receive from a formal salary continuation plan.

5. any income you earn or receive from any form of employment, including any income you could have earned while disabled by working to your maximum capacity, but you do not do so. We may require you to send us proof of your income.

We will adjust our payments to you based on this information. As a part of the proof, we can require you to send us appropriate tax and financial records we believe we need to substantiate your income.

Maximum capacity means, based on the limiting factors of your identified sickness or injury, the greatest extent of work you are able to do in an occupation from which you must be considered disabled in order to receive disability benefits.

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6. any benefits from the employer's retirement plan you:

a. receive as disability benefits

b. voluntarily choose to receive as retirement benefits

c. receive as retirement benefits once you reach the greater of age 62 or normal retirement age (as defined in the employer’s retirement plan).

Regardless of how the retirement funds from the plan are distributed, for the purposes of figuring our payment to you, we consider employee and employer contributions to be distributed at the same time throughout your lifetime.

This plan does not reduce payments you receive from us for your contributions to the employer's retirement plan, or for amounts you roll over or transfer to an eligible retirement plan.

Retirement plan is a defined contribution plan or defined benefit plan. These are plans that provide retirement benefits to employees and are not funded entirely by employee contributions.

Disability benefits under a retirement plan are benefits that are paid due to disability and which do not reduce the retirement benefit that would have been paid if the disability had not occurred.

Retirement benefits under a retirement plan are benefits that are paid based on the employer’s contribution to the retirement plan. Disability benefits that reduce the retirement benefit under the plan will also be considered a retirement benefit.

Eligible retirement plan is defined in §402 of the Internal Revenue Code of 1986 and includes future amendments to §402 affecting the definition.

7. any benefits for loss of time or lost wages you receive from the mandatory portion of a no-fault motor vehicle insurance plan, or automobile liability insurance policy.

8. any amounts you receive under any unemployment compensation law.

9. any amounts you receive from a third party (after subtracting attorney’s fees) by judgment, settlement or otherwise.

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If you receive any of the other income amounts in a lump sum payment, we will pro-rate the lump sum on a weekly basis over the time period for which the sum was given. If no time period is stated, the sum will be pro-rated on a weekly basis to the end of your maximum payment duration.

Other income amounts must be payable as a result of the same disability for which you are receiving a payment from us, except for retirement benefits and any income you earn or receive from any form of employment.

WHAT IF SUBTRACTING OTHER INCOME AMOUNTS RESULTS IN A ZERO PAYMENT TO

YOU?

We will pay you a minimum weekly payment under this plan, subject to any overpayments.

DO WE HAVE THE RIGHT TO ESTIMATE OTHER INCOME AMOUNTS?

We have the right to estimate the amount of benefits you may be eligible to receive under Other Income Amounts, items 1, 2 and 3a. We can reduce our payments to you by this estimated amount if:

• you have not been awarded such benefits but have not been denied such benefits;

OR

• you have been denied such benefits and the denial is being appealed;

OR

• you are reapplying for such benefits.

We will not reduce our payments to you by these estimated amounts if:

• you apply (or reapply) for benefits and appeal your denial through all of the administrative levels we believe are necessary;

AND

• you sign our payment option form stating you promise to pay back to us any overpayment of benefits caused by an award.

If we reduce our payments to you by an estimated amount:

• then we will adjust our payments to you when you give us proof of the amount awarded;

OR

• we will give you a lump sum refund of the estimated amount if you were denied benefits and have completed all appeals (or reapplications) we believe are necessary.

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WHAT ARE NOT OTHER INCOME AMOUNTS?

We will not subtract from our payments to you any amounts you receive from the following:

• 401(k) plans

• profit sharing plans

• thrift plans

• tax sheltered annuities

• stock ownership plans

• credit disability insurance

• non-qualified plans of deferred compensation

• pension plans for partners

• military pension and military disability income plans

• a retirement plan from another employer

• individual retirement accounts (IRA)

• informal salary continuation plan

• benefits from individual disability plans

• sick leave plan

WHAT HAPPENS IF YOU RECEIVE A COST OF LIVING INCREASE TO ANY OF THE OTHER

INCOME AMOUNTS?

Other than for increases in income you earn or receive from any form of employment, once we have subtracted an other income amount from your gross disability payment, we will not further reduce our payments to you due to a cost of living increase in any other income amount.

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WHEN WILL OUR PAYMENTS TO YOU STOP?

We will stop payments on the earliest of the following dates:

• the date you are no longer disabled according to this plan;

• the date you reach the end of the maximum payment duration;

Maximum payment duration means the period of time during which we will send you a weekly payment. Your maximum payment duration appears in the PLAN

HIGHLIGHTS.

• the date your current income exceeds 80% of your pre-disability earnings. If your current income fluctuates, we may average amounts over a four (4) consecutive week period of time instead of stopping our payments on the date your current income reaches 80% of your pre-disability earnings;

• the date you die;

• the date you fail to provide proof of continuing disability;

• the date you refuse to participate in an approved rehabilitation program;

• the date you complete the elimination period of any Group Long Term Disability plan provided by the employer;

• the date you cease to be under the regular care of a doctor, or refuse to undergo, at our expense, an examination or testing by a doctor or vocational, rehabilitation, or health assessment testing when we require such examination or testing;

• the date you refuse to receive medical treatment, including taking prescribed medicines, that your doctor has recommended and that is generally acknowledged by doctors to cure or improve the sickness or injury for which you are claiming benefits under the policy so as to reduce its disabling effect;

• the date you refuse to make a good faith effort to adhere to necessary wellness programs that your doctor has recommended and that are generally acknowledged by doctors to cure or improve the sickness or injury for which you are claiming benefits under the policy so as to reduce its disabling effect. We will work with your treating doctor to determine the necessary wellness programs, if any, in accordance with generally accepted medical standards.

We will give you 30 days prior written notice of our intent to apply this provision to terminate benefits. During those 30 days you will have an opportunity to begin or resume reasonable efforts to adhere to the medically necessary Wellness Programs.

We will not terminate benefits if there is no reasonable basis for believing that you will be able to return to productive employment in your regular occupation or another gainful occupation on a full-time or part-time basis if you adhere to the recommended wellness programs.

Wellness programs include, but are not limited to, appropriate programs for dietary and nutritional improvement, weight management, smoking cessation, abstention from the excessive or illegal use of alcohol or narcotics, regular participation in exercise activities, stress management, pain management, behavioral therapy, coaching, and the regular taking of prescribed medications.

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WHEN WILL OUR PAYMENTS TO YOU STOP? - continued

• The date you refuse to try or attempt to work with the assistance of:

1. modifications made to your work environment, functional job elements or work schedule; or

2. adaptive equipment or devices, that a qualified doctor has indicated will accommodate the limiting factors of the sickness or injury for which you are claiming benefits under the policy and will enable you to perform the material and substantial duties of an occupation from which you must be considered disabled in order to receive disability benefits;

• If you are considered to reside outside the United States. You will be considered to reside outside the United States if you have been outside the United States for a total period of 6 months or more during any 12 consecutive months of disability benefits.

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WHAT HAPPENS IF YOU HAVE A TEMPORARY RECOVERY BUT YOU BECOME DISABLED

AGAIN DUE TO THE SAME INJURY OR SICKNESS AS A PRIOR DISABILITY?

If you return to work, earning more than 80% of your pre-disability earnings, and the same sickness or injury causes your disability to occur again within 45 days of the date the prior disability ended, we will resume our payments to you if you were continuously insured under the plan for the period of your temporary recovery. You will not need to complete a new elimination period for this disability.

Your current period of disability will be subject to the same terms of the plan that applied to your prior period of disability.

If you become entitled to payments under any other group short term disability plan (including a plan with the employer that became effective after your disability began), you will not be eligible for payments under this plan.

A disability due to other causes will be treated as a new disability and will be subject to all of the provisions of this plan.

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SUMMARY OF THE CLAIM INFORMATION SECTION 5

• notifying us of a claim

• giving us proof of claim

• filing a claim

• information needed in the proof of claim

• when payments to you begin

• who we make payments to

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SECTION 5: CLAIM INFORMATION

WHEN DO YOU NOTIFY US OF A CLAIM?

You need to notify us in writing of your claim within 30 days after the date your disability begins. If you are not able to notify us within this time, then you need to notify us as soon as reasonably possible. Notice includes a notice you give, or which is given on your behalf, to us, or to an authorized agent of ours.

WHEN DO YOU NEED TO GIVE US PROOF OF YOUR CLAIM?

Early proof of claim will allow us to make a timely claim decision. You need to send to us written proof of your claim within the first 90 days after the elimination period ends. If you are unable to give us proof of your claim within this time, then you must give us proof of your claim within the next 12 months.