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Home My WebLink AboutContract 37690Y SErRETARY OPJi"p;,;Ir. ; GROUP POLICY AMENDMENT NO. 1 Attached to and made a part of Group Policy 644013-A issued to City of Fort Worth as Policyholder. Effective May 1, 2008 and subject to the Active Work Provisions, the Group Policy is amended as follows: 1. The Premium And Renewal portion of the Coverage Features is amended to provide the following Premium Rates: Premium Rates: LTD Insurance: Plan 1: Age of Member On Percentage of each insured Member's insured Last May 1 monthly Predisability Earnings up to $15, 000 Under age 30 0.130% 30 through 34 0.150% 35 through 39 0.170% 40 through 44 0.240% 45 through 49 0.360% 50 through 54 0.510% 55 through 59 0.710% 60 through 64 0.800% 65 through 69 0.860% 70 through 74 0.980% 75 or older 1.280% Plan 2: Age of Member On Percentage of each insured Member's insured Last May 1 monthly Predisability Earnings up to $15,000 Under age 30 0.240% 30 through 34 0.270% 35 through 39 0.330% 40 through 44 0.450% 45 through 49 0.670% 50 through 54 0.960% 55 through 59 1.330% 60 through 64 1.490% 65 through 69 1.600% 70 through 74 1.830% 75 or older 2.400% Plan 3: Age of Member On Percentage of each insured Member's insured Last May 1 monthly Predisability Earnings up to $15, 000 Under age 30 0.430% 30 through 34 0.490% 35 through 39 0.580% 40 through 44 0.800% 45 through 49 1.190% 50 through 54 L710% Group Policy No. 644013-A Page 1 of Amendmen N an.41 ..r �eP �q k ,,r`� 55 through 59 2.3707V 60 through 64 2.650% 65 through 69 2.850% 70 through 74 3.260% 75 or older 4,260% Plan 4: Age of Member On Percentage of each insured Member's insured Last May 1 monthly Predisability Earnings up to $15,000 Under age 30 0.090% 30 through 34 0.100% 35 through 39 0.130% 40 through 44 0.190% 45 through 49 0.290% 50 through 54 0.420% 55 through 59 0.590% 60 through 64 0.640% 65 through 69 0.690% 70 through 74 0,850% 75 or older L220% Plan 5: Age of Member On Percentage of each insured Member's insured Last May 1 monthly Predisability Earnings up to $15,000 Under age 30 0.160% 30 through 34 0.190% 35 through 39 0.240% 40 through 44 0.340% 45 through 49 0.530% 50 through 54 0.780% 55 through 59 1.090% 60 through 64 1.190% 65 through 69 L270% 70 through 74 L590% 75 or older 2.270% Plan 6: Age of Member On Percentage of each insured Member's insured Last May 1 monthly Predisability Earnings up to $15,000 Under age 30 0.270% 30 through 34 0.330% 35 through 39 0.410% 40 through 44 0.580% 45 through 49 0.900% 50 through 54 L320% 55 through 59 1.840% 60 through 64 2.010% 65 through 69 2.140% 70 through 74 2.670% 75 or older 3.830% re WORTH TX Grou 2. The Predisability Earnings section will be amended to read as follows: PREDISABILITY EARNINGS Predisability Earnings means the greater of: 1. Your monthly rate of earnings of the prior year used for determining your benefits under your Employer's retirement plan; or 2. Your current hourly rate of earnings in effect on your last full day of Active Work. Any change in your Predisability Earnings after your last full day of Active Work will not affect your LTD Benefit. (REG WITH COM) LT.PD.OT.1X 3. Part E. Grace Period And Termination For Nonpayment of the Policyholder Provisions section is amended to read as follows: E. Grace Period And Termination For Nonpayment If a premium is not paid on or before its Premium Due Date, it may be paid during the following Grace Period of 60 days. The Group Policy or an Employer's coverage under the Group Policy will remain in force during the Grace Period. If the premium is not paid during the Grace Period, the Group Policy will terminate automatically at the end of the Grace Period. The Policyholder is liable for premium for coverage during the Grace Period. We may charge interest at the legal rate for any premium which is not paid during the Grace Period, beginning with the first day after the Grace Period. [LT.PH.TX,1] AMENDMENT NOT IN FORCE UNLESS SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE POLICYHOLDER AND RETURNED TO STANDARD INSURANCE COMPANY WITHIN 30 DAYS OF ISSUE. Dated �� [ l 20� at City of Fort Worth, Texas City of Fort Worth INSURANCE CO By President Group Policy No. 644013-A Secretary Page 3 of Amendment No 1 '°�f�( SECRETARY . ,p A 1 IV • 9. WK A + A Stock Life Insurance Company 900 SW Fifth Avenue Portland, Oregon 97204-1282 (503) 321-7000 PFGp/C. I�T01 JI/Ii PO/ICIBl. GROUP LONG TERM DISABILITY INSURANCE POLICY Policyholder: Policy Number: Effective Date: City of Fort Worth 644013-A September 1, 2005 The consideration for this Group Policy is the application of the Policyholder and the payment by the Policyholder of premiums as provided herein. Subject to the Policyholder Provisions and the Incontestability Provisions, this Group Policy (a) is issued for the Initial Rate Guarantee Period shown in the Coverage Features, and (b) may be renewed for successive renewal periods by the payment of the premium set by us on each renewal date. The length of each renewal period will be set by us, but will not be less than 12 months. For purposes of effective dates and ending dates under this Group Policy, all days begin and end at 12:00 midnight Standard Time at the Policyholder's address. All provisions on this and the following pages are part of this Group Policy. "You" and "your" mean the Member. "We", "us' , and "our" mean Standard Insurance Company. Other defined terms appear with their initial letters capitalized. Section headings, and references to them, appear in boldface type. This is not a policy of workers' compensation insurance. The employer does not become a subscriber to the worker's compensation system by purchasing this policy and if the employer is a non -subscriber, the employer loses those benefits which 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. President GP190-LTD/S399 STANDARD INSURANCE COMPANY By Secretary Table of Contents COVERAGEFEATURES.............................................................................................. 1 GENERAL POLICY INFORMATION........................................................................ a 1 SCHEDULEOF INSURANCE.................................................................................. 1 PREMIUMCONTRIBUTIONS..................................................................................3 PREMIUMAND RENEWAL..................................................................................... 3 INSURINGCLAUSE.....................................................................................................6 BECOMINGINSURED................................................................................................. 6 WHEN YOUR INSURANCE BECOMES EFFECTIVE...................................................... 6 ACTIVEWORK PROVISIONS....................................................................................... 7 CONTINUITYOF COVERAGE...................................................................................... 7 WHENYOUR INSURANCE ENDS................................................................................. 8 WAIVEROF PREMIUM................................................................................................ 8 REINSTATEMENTOF INSURANCE.............................................................................. 8 DEFINITIONOF DISABILI I Y........................................................................................ 9 RETURNTO WORK PROVISIONS.............................................................................. 10 REASONABLE ACCOMMODATION EXPENSE BENEFIT ............................................. 12 REHABILITATION PLAN PROVISION.......................................................................... 12 TEMPORARYRECOVERY.......................................................................................... 12 WHENLTD BENEFITS END...................................................................................... 13 PREDISABILPIY EARNINGS....................................................................................... 13 DEDUCTIBLEINCOME............................................................................................. 13 EXCEPTIONS TO DEDUCTIBLE INCOME.................................................................. 14 RULES FOR DEDUCTIBLE INCOME.......................................................................... 15 SUBROGATION......................................................................................................... 15 SURVIVORSBENEFIT............................................................................................... 16 BENEFITS AFTER INSURANCE ENDS OR IS CHANGED ............................................ 16 EFFECTOF NEW DISABILITY................................................................................... 16 DISABILITIES EXCLUDED FROM COVERAGE........................................................... 17 DISABILITIES SUBJECT TO LIMITED PAY PERIODS ................................................. 17 LIMITATIONS............................................................................................................ 18 CLAIMS.......:............................................................................................................ 19 ALLOCATIONOF AUTHORITY................................................................................... 21 TIME LIMITS ON LEGAL ACTIONS............................................................................ 22 INCONTESTABILITY PROVISIONS ............................................................................. 22 CLERICAL ERROR, AGENCY, AND MISSTATEMENT.................................................. 22 TERMINATION OR AMENDMENT OF THE GROUP POLICY ........................................ 23 DEFINITIONS............................................................................................................ 23 POLICYHOLDERPROVISIONS................................................................................... 24 Index of Defined Terms Active Work, Actively At Work, 7 Allowable Periods, 12 Any Occupation, 10 Any Occupation Period, 1 Benefit Waiting Period, 2, 23 Contributory, 23 CPI-W, 23 Deductible Income, 13 Disabled, 9 Eligibility Waiting Period, 1 Employer, 23 Employer(s), 1 Evidence Of Insurability, 7 Grace Period, 25 Group Policy, 23 Group Policy Effective Date, 1 Group Policy Number, I Hospital, 18 Indexed Predisability Earnings, 23 Initial Rate Guarantee Period, 5 Injury, 23 Loss Of Earnings, 11 LTD Benefit, 23 LTD Proportionate Benefit, 11 Material Duties, 10 Maximum Benefit Period, 2, 24 Maximum LTD Benefit, 2 Member, 1, 6 Mental Disorder, 18 Minimum LTD Benefit, 2 Minimum Participation Number, 5 Minimum Participation Percentage, 5 Noncontributory, 24 Other Limited Conditions, 18 Own Occupation, 10 Own Occupation Period, 1 Physical Disease, 24 Physician, 24 Policyholder, 1 Preexisting Condition, 17 Pregnancy, 24 Premium Due Dates, 5 Premium Rates, 3 Prior Plan, 24 Proof Of Loss, 19 Reasonable Accommodation Expense Benefit, 12 Rehabilitation Plan, 12 Social Security Normal Retirement Age (SSNRA) 12 Substance Abuse, 18 Survivors Benefit, 16 Temporary Recovery, 12 War, 17 Work Earnings, 11 COVERAGE FEATURES This section contains many of the features of your longterm disability (LTD) insurance. Other provisions, including exclusions, limitations, and Deductible Income, appear in other sections. Please refer to the text of each section for full details. The Table of Contents and the Index of Defined Terms help locate sections and definitions. Group Policy Number: Policyholder: Employer(s): Group Policy Effective Date: Policy Issued in: Member means: GENERAL POLICY INFORMATION 644013-A City of Fort Worth City of Fort Worth September 1, 2005 Texas 1. A regular employee of the Employer; 2. Actively At Work at least 30 hours each week (for purposes of the Member definition, Actively At Work will include regularly scheduled days off, holidays, or vacation days, so long as the person is capable of Active Work on those days); and 3. A citizen or resident of the United States or Canada. Member does not include a temporary or seasonal employee, afull-time member of the armed forces of any country, a leased employee, or an independent contractor. Eligibility Waiting Period: SCHEDULE OF INSURANCE You are eligible on one of the following dates: If you are a Member on the Group Policy Effective Date, you are eligible on that date. If you become a Member after the Group Policy Effective Date, you are eligible on the first day of the calendar month following the first month for which you receive a paycheck on the first two paydays in one month. Eligibility Waiting Period means the period you must be a Member before you become eligible for insurance. Own Occupation Period: Any Occupation Period: Printed 09/2005 The first 24 months for which LTD Benefits are paid. From the end of the Own Occupation Period to the end of the Maximum Benefit Period. -1- 644013-A You may apply for Plan 1, 2, 3, 4, 5 or 6 as follows: LTD Benefit: Plans 1 and 4: The lesser of: Formula 1: 20% of the first $15,000 of your Predisability Earnings; and Formula 2: 70% of your Predisability Earnings, reduced by Deductible Income. Maximum: $3, 000 Plans 2 and 5: The lesser of: Formula l: 40% of the first $15,000 of your Predisability Earnings; and Formula 2: 70% of your Predisability Earnings, reduced by Deductible Income. Maximum: $6, 000 Plans 3 and 6: The lesser of: Formula 1: 60% of the first $15,000 of your Predisability Earnings; and Formula 2: 70% of your Predisability Earnings, reduced by Deductible Income. Maximum: $9, 000 Minimum: All Plans: $100 or 10% of your Predisability Earnings. Benefit Waiting Period: Plans 1, 2 and 3: 90 days Plans 4, 5 and 6: 180 days Maximum Benefit Period: Determined by your age when Disability begins, as follows: Age Maximum Benefit Period 61 or younger ....................................... To age 65, or to SSNRA, or 3 years 6 months, whichever is longest. 62........................................................ To SSNRA, or 3 years 6 months, whichever is longer. 63........................................................ To SSNRA, or 3 years, whichever is longer. 64........................................................ To SSNRA, or 2 years 6 months, whichever is longer. 65........................................................ 2 years 66........................................................ 1 year 9 months 67........................................................ 1 year 6 months 68........................................................ 1 year 3 months 69 or older....... 00% 6 6 * * 0 * . a 0 4 * 9 . & 1 year Social Security Normal Retirement Age (SSNRA) means your normal retirement age under the Federal Social Security Act, as amended. Printed 09/2005 - 2 - 644013-A Insurance is: Premium Rates: LTD Insurance: Plan 1: PREMIUM CONTRIBUTIONS Contributory PREMIUM AND RENEWAL Age of Member On Percentage of each insured Member's insured Last January 1 monthly Predisability Earnings up to $15, 000 Under age 30 0.130% 30 through 34 0.150% 35 through 39 0.170% 40 through 44 0.240% 45 through 49 0.360% 50 through 54 0.510% 55 through 59 0.710% 60 through 64 0.800% 65 through 69 0.860% 70 through 74 0.980% 75 or older 1.280% Plan 2: Age of Member On Percentage of each insured Member's insured Last January 1 monthly Predisability Earnings up to $15, 000 Under age 30 0.240% 30 through 34 0.270% 35 through 39 0.330% 40 through 44 0.450% 45 through 49 0.670% 50 through 54 0.960% 55 through 59 1.330% 60 through 64 1.490% 65 through 69 1.600% 70 through 74 1.830% 75 or older 2.400% Printed 09/2005 - 3 - 644013-A Plan 3: Age of Member On Percentage of each insured Member's insured Last January 1 monthly Predisability Earnings up to $15,000 Under age 30 0.430% 30 through 34 0.490% 35 through 39 0.580% 40 through 44 0.800% 45 through 49 1.190% 50 through 54 1.710% 55 through 59 2.370% 60 through 64 2.650% 65 through 69 2.850% 70 through 74 3.260% 75 or older 4.260% Plan 4: Age of Member On Percentage of each insured Member's insured Last January 1 monthly Predisability Earnings up to $15,000 Under age 30 0.090% 30 through 34 0.100% 35 through 39 0.130% 40 through 44 0.190% 45 through 49 0.290% 50 through 54 0.420% 55 through 59 0.590% 60 through 64 0.640% 65 through 69 0.690% 70 through 74 0.850% 75 or older 1.220% Plan 5: Age of Member On Percentage of each insured Member's insured Last January 1 monthly Predisability Earnings up to $15, 000 Under age 30 0.160% 30 through 34 0.190% 35 through 39 0.240% 40 through 44 0.340% 45 through 49 0.530% 50 through 54 0.780% 55 through 59 1.090% 60 through 64 1.190% 65 through 69 1.270% 70 through 74 1.590% 75 or older 2.270% Printed 09/2005 - 4 - 644013-A Plan 6: Age of Member On Last January 1 Under age 30 30 through 34 35 through 39 40 through 44 45 through 49 50 through 54 55 through 59 60 through 64 65 through 69 70 through 74 75 or older Premium Due Dates: Initial Rate Guarantee Period: Minimum Participation Number: Minimum Participation Percentage: Percentage of each insured Member's insured monthly Predisability Earnings up to $15, 000 0.270% 0.330% 0.410% 0.580% 0.900% 1.320% 1.840% 2.010% 2.140% 2.670% 3.830% September 1, 2005 and the first day of each calendar month thereafter. September 1, 2005 to September 1, 2008 10 insured Members % of eligible Members Printed 09/2005 - 5 - 644013-A INSURING CLAUSE If you become Disabled while insured under the Group Policy, we will pay LTD Benefits according to the terms of the Group Policy after we receive Proof Of Loss satisfactory to us. LT.IC.OT.1 BECOMING INSURED To become insured you must be a Member, complete your Eligibility Waiting Period, and meet the requirements in Active Work Provisions and When Your Insurance Becomes Effecve. ti You are a Member if you are: 1. A regular employee of the Employer; 2. Actively At Work at least 30 hours each week (for purposes of the Member definition, Actively At Work will include regularly scheduled days off, holidays, or vacation days, so long as you are capable of Active Work on those days); and 3. A citizen or resident of the United States or Canada. You are not a Member if you are a temporary or seasonal employee, a full-time member of the armed forces of any country, a leased employee, or an independent contractor. Eligibility Waiting Period means the period you must be a Member before you become eligible for insurance. Your Eligibility Waiting Period is shown in the Coverage Features. (VAR MBR DEF) LT.BI.OT.1 WHEN YOUR INSURANCE BECOMES EFFECTIVE A. When Insurance Becomes Effective Subject to the Active Work Provisions, your insurance becomes effective as follows: 1. Insurance Subject To Evidence Of Insurability Insurance subject to Evidence Of Insurability becomes effective on the date we approve your Evidence Of Insurability. 2. Insurance Not Subject To Evidence of Insurability The Coverage Features states whether insurance is Contributory or Noncontributory. a. Noncontributory Insurance Noncontributory insurance not subject to Evidence Of Insurability becomes effective on the date you become eligible. b. Contributory Insurance You must apply in writing for Contributory insurance and agree to pay premiums. Contributory insurance not subject to Evidence Of Insurabiliiy becomes effective on: i. The date you become eligible if you apply on or before that date; or ii. The date you apply if you apply within 31 days after you become eligible. th31 days after Late application: Evidence Of Insurability is required if you apply more an you become eligible. Printed 09/2005 - 6 - 644013-A B. Takeover Provisions 1. If you were insured under the Prior Plan on the day before the effective date of your Employer's coverage under the Group Policy, your Eligibility Waiting Period is waived on the effective date of your Employer's coverage under the Group Policy. 2. You must submit satisfactory Evidence Of Insurability to become insured if you were eligible for insurance under the Prior Plan for more than 31 days but were not insured. C. Evidence Of Insurability Requirement Evidence Of Insurability satisfactory to us is required: a. For late application for Contributory insurance. b. To increase your LTD Benefit or decrease your Benefit Waiting Period. c. For Members eligible but not insured under the Prior Plan. d. For reinstatements if required. Providing Evidence Of Insurability means you must: 1. Complete and sign our medical history statement; 2. Sign our form authorizing us to obtain information about your health, 3. Undergo a physical examination, if required by us, which may include blood testing; and 4. Provide any additional information about your insurability that we may reasonably require. ACTIVE �TOI?Iz I'ItOVI�IONS A. Active Work Requirement (VAR EOI) LT.EF.0T.1 You must be capable of Active Work on the day before the scheduled effective date of your insurance or your insurance will not become effective ats scheduled. If you are incapable of Active Work because of Physical Disease, Injury, Pregnancy or Mental Disorder on the day before the scheduled effective date of your insurance, your insurance will not become effective until the day after you complete one full day of Active Work as an eligible Member. Active Work and Actively At Work mean perfol:ming with reasonable continuity the Material Duties of your Own Occupation at your Employer's usual place of business. B. Changes In Insurance This Active Work requirement also applies to any increase in your insurance. LT.AW.OT.1 CONTINUITY OF COVERAGE If your Disability is subject to the Preexisting Condition Exclusion, LTD Benefits will be payable if: 1. You were insured under the Prior Plan on the day before the effective date of your Employer's coverage under the Group Policy; 2. You became insured under the Group Policy when your insurance under the Prior Plan ceased; 3. You were continuously insured under the Group Policy from the effective date of your insurance under the Group Policy through the date you became Disabled from the Preexisting Condition; and Printed 09/2005 - 7 - 644013-A 4. Benefits would have been payable under the terms of the Prior Plan if it had remained in force, taking into account the preexisting condition exclusion, if any, of the Prior Plan. For such a Disability, the amount of your LTD Benefit will be the lesser of: a. The monthly benefit that would have been payable under the terms of the Prior Plan if it had remained in force; or b. The LTD Benefit payable under the terms of the Group Policy, but without application of the Preexisting Condition Exclusion. Your LTD Benefits for such a Disability will end on the earlier of the following dates: a. The date benefits would have ended under the terms of the Prior Plan if it had remained in force; or b. The date LTD Benefits end under the terms of the Group Policy. (PX) LT.CC.OT.1 WHEN YOUR INSURANCE ENDS Your insurance ends automatically on the earliest of: 1. The date the last period ends for which a premium contribution was made for your insurance. 2. The date the Group Policy terminates. 3. The date your employment terminates. 4. The date you cease to be a Member. However, your insurance will be continued during the following periods when you are absent from Active Work, unless it ends under any of the above. a. During the first 90 days of a temporary or indefinite administrative or involuntary leave of absence or sick leave, provided your Employer is paying you at least the same Predisability Earnings paid to you immediately before you ceased to be a Member. A period when you are absent from Active Work as part of a severance or other employment termination agreement is not a leave of absence, even if you are receiving the same Predisability Earnings. b. During a leave of absence if continuation of your insurance under the Group Policy is required by a state -mandated family or medical leave act or law. c. During any other temporary leave of absence approved by your Employer in advance and in writing and scheduled to last 30 days or less. A period of Disability is not a leave of absence. LT.EN.OT.1 WAIVER OF PREMIUM We will waive payment of premium for your insurance while LTD Benefits are payable. LT.WP.OT.1 REINSTATEMENT OF INSURANCE If your insurance ends, you may become insured again as a new Member. However, the following will apply: 1. If you cease to be a Member because of a covered Disability, your insurance will end; however, if you become a Member again immediately after LTD Benefits end, the Eligibility Waiting Period will be waived and, with respect to the condition(s) for which LTD Benefits were payable, the Preexisting Condition Exclusion will be applied as if your insurance had remained in effect during that period of Disability. Printed 09/2005 - 8 - 644013-A 2. If your insurance ends because you cease to be a Member for any reason other than a covered Disability, and if you become a Member again within 90 days, the Eligibility Waiting Period will be waived. 3. If your insurance ends because you fail to make a required premium contribution, you must provide Evidence Of Insurability to become insured again. 4. If your insurance ends because you are on a federal or state -mandated family or medical leave of absence, and you become a Member again immediately following the period allowed, your insurance will be reinstated pursuant to the federal or state -mandated family or medical leave act or law. 5. The Preexisting Conditions Exclusion will be applied as if insurance had remained in effect in the following instances: a. If you become insured again within 90 days. b. If required by federal or state -mandated family or medical leave act or law and you become insured again immediately following the period allowed under the family or medical leave act or law. 6. In no event will insurance be retroactive. LT.RE.OT.1 DEFINITION OF DISABILITY You are Disabled if you meet the following definitions during the periods they apply: A. Own Occupation Definition Of Disability. B. Any Occupation Definition Of Disability. A. Own Occupation Definition Of Disability During the Benefit Waiting Period and the Own Occupation Period you are required to be Disabled only from your Own Occupation. You are Disabled from your Own Occupation if, as a result of Physical Disease, Injury, Pregnancy or Mental Disorder: 1. You are unable to perform with reasonable continuity the Material Duties of your Own Occupation; and 2. You suffer a loss of at least 20% in your Indexed Predisability Earnings when working in your Own Occupation. Note: You are not Disabled merely because your right to perform your Own Occupation is restricted, including a restriction or loss of license. During the Own Occupation Period you may work in another occupation while you meet the Own Occupation Definition Of Disability. However, you will no longer be Disabled when your Work Earnings from another occupation meet or exceed 80% of your Indexed Predisability Earnings. Your Work Earnings may be Deductible Income. See Return To Work Provisions and Deductible Income. Printed 09/2005 - 9 - 644013-A Own Occupation means any employment, business, trade, profession, calling or vocation that involves Material Duties of the same general character as the occupation you are regularly performing for your Employer when Disability begins. In determining your Own Occupation, we are not limited to looking at the way you perform your job for your Employer, but we may also look at the way the occupation is generally performed in the national economy. If your Own Occupation involves the rendering of professional services and you are required to have a professional or occupational license in order to work, your Own Occupation is as broad as the scope of your license. Material Duties means the essential tasks, functions and operations, and the skills, abilities, knowledge, training and experience, generally required by employers from those engaged in a particular occupation that cannot be reasonably modified or omitted. In no event will we consider working an average of more than the following to be a Material Duty: 1. 240 hours per month if you are a fire fighter; or 2. 40 hours per week if you are any other Member. B. Any Occupation Definition Of Disability During the Any Occupation Period you are required to be Disabled from all occupations. You are Disabled from all occupations if, as a result of Physical Disease, Injury, Pregnancy or Mental Disorder, you are unable to perform with reasonable continuity the Material Duties of Any Occupation. Any Occupation means any occupation or employment which you are able to perform, whether due to education, training, or experience, which is available at one or more locations in the national economy and in which you can be expected to earn at least 60% of your Indexed Predisability Earnings within twelve months following your return to work, regardless of whether you are working in that or any other occupation. Material Duties means the essential tasks, functions and operations, and the skills, abilities, knowledge, training and experience, generally required by employers from those engaged in a particular occupation that cannot be reasonably modified or omitted. In no event will we consider working an average of more than the following to be a Material Duty: 1. 240 hours per month if you are a fire fighter; or 2. 40 hours per week if you are any other Member. Your Own Occupation Period and Any Occupation Period are shown in the Coverage Features. (OWN ANY WITH 40) LT.DD.OT.17C RETURN TO WORK PROVISIONS A. Return To Work Responsibility During the Own Occupation Period no LTD Benefits will be paid for any period when you are able to work in your Own Occupation and able to earn at least 20% of your Indexed Predisability Earnings, but you elect not to work. During the Any Occupation Period no LTD Benefits will be paid for any period when you are able to work in your Any Occupation and able to earn at least 20% of your Indexed Predisability Earnings, but you elect not to work. Printed 09/2005 - IO - 644013-A B. Return To Work Incentive You may serve your Benefit Waiting Period while working if you meet the Own Occupation Definition Of Disability. You are eligible for the Return To Work Incentive on the first day you work after the Benefit Waiting Period if LTD Benefits are payable on that date. The Return To Work Incentive changes 12 months after that date, as follows: 1. During the first 12 months, your Work Earnings will be Deductible Income as determined in a., b. and c: a. Determine the amount of your LTD Benefit as if there were no Deductible Income, and add your Work Earnings to that amount. b. Determine 100% of your Indexed Predisability Earnings. c. If a. is greater than b., the difference will be Deductible Income. 2. After those first 12 months, you will remain eligible for LTD Benefits while you are working if you meet one of the definitions of Disability. Your Work Earnings will not be deducted from your LTD Benefit. Instead, they will be used to calculate your LTD Proportionate Benefit. It is determined as follows: a. Determine your LTD Benefit using Formula 2, including Deductible Income except Work Earnings. b. Multiply it by your Loss Of Earnings. c. Divide the result by your Indexed Predisability Earnings. The LTD Proportionate Benefit is paid in lieu of your LTD Benefit. Loss Of Earnings means your Indexed Predisability Earnings minus your Work Earnings. C. Work Earnings Definition Work Earnings means your gross monthly earnings from work you perform while Disabled, plus the earnings you could receive if you worked as much as you are able to, considering your Disability, in work that is reasonably available: a. In your Own Occupation during the Own Occupation Period; and b. In Any Occupation during the Any Occupation Period. Work Earnings includes earnings from your Employer, any other employer, or self-employment, and any sick pay, vacation pay, annual or personal leave pay or other salary continuation earned or accrued while working. Earnings from work you perform will be included in Work Earnings when you have the right to receive them. If you are paid in a lump sum or on a basis other than monthly, we will prorate your Work Earnings over the period of time to which they apply. If no period of time is stated, we will use a reasonable one. In determining your Work Earnings we: 1. Will use the financial accounting method you use for income tax purposes, if you use that method on a consistent basis. 2. Will not be limited to the taxable income you report to the Internal Revenue Service. 3. May ignore expenses under section 179 of the IRC as a deduction from your gross earnings. 4. May ignore depreciation as a deduction from your gross earnings. 5. May adjust the financial information you give us in order to clearly reflect your Work Earnings. Printed 09/2005 - 11 - 644013-A If we determine that your earnings vary substantially from month to month, we may determine your Work Earnings by averaging your earnings over the most recent three-month period. During the Own Occupation Period you will no longer be Disabled when your average Work Earnings over the last three months exceed 80% of your Indexed Predisability Earnings. During the Any Occupation Period you will no longer be Disabled when your average Work Earnings over the last three months exceed 60% of your Indexed Predisability Earnings. LT2.RW.04 REASONABLE ACCOMMODATION EXPENSE BENEFIT If you return to work in any occupation for any employer, not including self-employment, as a result of a reasonable accommodation made by such employer, we will pay that employer a Reasonable Accommodation Expense Benefit of up to $25,000, but not to exceed the expenses incurred. The Reasonable Accommodation Expense Benefit is payable only if the reasonable accommodation is approved by us in writing prior to its implementation. LT.Mk0T.1 REHABILITATION PLAN PROVISION While you are Disabled you may qualify to participate in a Rehabilitation Plan. Rehabilitation Plan means a written plan, program or course of vocational training or education that is intended to prepare you to return to work. To participate in a Rehabilitation Plan you must apply on our forms or in a letter to us. The terms, conditions and objectives of the plan must be accepted by you and approved by us in advance. We have the sole discretion to approve your Rehabilitation Plan. An approved Rehabilitation Plan may include our payment of some or all of the expenses you incur in connection with the plan, including: a. Training and education expenses. b. Family care expenses. c. Job -related expenses. d. Job search expenses. LT.RH.OT.1 TEMPORARY RECOVERY You may temporarily recover from your Disability and then become Disabled again from the same cause or causes without having to serve a new Benefit Waiting Period. Temporary Recovery means you cease to be Disabled for no longer than the applicable Allowable Period. See Definition Of Disability. A. Allowable Periods 1. During the Benefit Waiting Period: a total of 30 days of recovery. 2. During the Maximum Benefit Period: 180 days for each period of recovery. B. Effect Of Temporary Recovery If your Temporary Recovery does not exceed the Allowable Periods, the following will apply. 1. The Predisability Earnings used to determine your LTD Benefit will not change. 2. The period of Temporary Recovery will not count toward your Benefit Waiting Period, your Maximum Benefit Period or your Own Occupation Period. Printed 09/2005 - 12 - 644013-A 3. No LTD Benefits will be payable for the period of Temporary Recovery. 4. No LTD Benefits will be payable after benefits become payable to you under any other disability insurance plan under which you become insured during your period of Temporary Recovery. 5. Except as stated above, the provisions of the Group Policy will be applied as if there had been no interruption of your Disability. LT.TR.OT.1 WHEN LTD BENEFITS END Your LTD Benefits end automatically on the earliest of: 1. The date you are no longer Disabled. Z. The date your Maximum Benefit Period ends. 3. The date you die. 4. The date benefits become payable under any other LTD plan under which you become insured through employment during a period of Temporary Recovery. 5. The date you fail to provide proof of continued Disability and entitlement to LTD Benefits. LT. BE.OT.1 PREDISABILYTY EARNINGS Predisability Earnings means the greater of: 1. Your monthly rate of earnings of the prior year used for determining your benefits under your Employer's retirement plan; or 2. Your current hourly rate of earnings. Any change in your Predisability Earnings after your last full day of Active Work will not affect your LTD Benefit. (REG WITH COM) LT.PD.OT.1x DEDUCTIDLE INCOME Subject to Exceptions To Deductible Income, Deductible Income means: 1. Sick pay, annual or personal leave pay, severance pay, or other salary continuation, including donated amounts, (but not vacation pay) payable to you by your Employer. 2. Your Work Earnings, as described in the Return To Work Provisions. 3. Any amount you receive or are eligible to receive because of your disability, including amounts for partial or total disability, whether permanent, temporary, or vocational, under any of the following: a. A workers' compensation law; b. The Jones Act; c. Maritime Doctrine of Maintenance, Wages, or Cure; d. Longshoremen's and Harbor Worker's Act; or e. Any similar act or law. 4. Any amount you, your spouse, or your child under age 18 receive or are eligible to receive because of your disability or retirement under: Printed 09/2005 - 13 - 644013-A a. The Federal Social Security Act; b. The Canada Pension Plan, c. The Quebec Pension Plan; d. The Railroad Retirement Act; or e. Any similar plan or act. Full offset: Both the primary benefit (the benefit awarded to you) and dependents benefit are Deductible Income. Benefits your spouse or a child receives or are eligible to receive because of your disability are Deductible Income regardless of marital status, custody, or place of residence. The term "child" has the meaning given in the applicable plan or act. 5. Any amount you receive or are eligible to receive because of your disability under any state disability income benefit law or similar law. 6. Any amount you receive or are eligible to receive because of your disability under another group insurance coverage 7. Any disability or retirement benefits you receive under your Employer's retirement plan, including a public employee retirement system, a state teacher retirement system, and a plan arranged and maintained by a union or employee association for the benefit of its members. You and your Employer's contributions will be considered as distributed simultaneously throughout your lifetime, regardless of how funds are distributed from the retirement plan. If any of these plans has two or more payment options, the option which comes closest to providing you a monthly income for life with no survivors benefit will be Deductible Income, even if you choose a different option. 8. Any earnings or compensation included in Predisability Earnings which you receive or are eligible to receive while LTD Benefits are payable. 9. Any amount you receive or are eligible to receive under any unemployment compensation law or similar act or law. 10. Any amount you receive or are eligible to receive from or on behalf of a third party because of your disability, whether by judgement, settlement or other method. If you notify us before filing suit or settling your claim against such third party, the amount used as Deductible Income will be reduced by a pro rata share of your costs of recovery, including reasonable attorney fees. 11. Any amount you receive by compromise, settlement, or other method as a result of a claim for any of the above, whether disputed or undisputed. LT2.DI.19 EXCEPTIONS TO DEDUCTIBLE INCOME Deductible Income does not include: 1. Any cost of living increase in any Deductible Income other than Work Earnings, if the increase becomes effective while you are Disabled and while you are eligible for the Deductible Income. L Reimbursement for hospital, medical, or surgical expense. 3. Reasonable attorneys fees incurred in connection with a claim for Deductible Income. 4. Benefits from any individual disability insurance policy. 5. Early retirement benefits under the Federal Social Security Act which are not actually received. 6. Group credit or mortgage disability insurance benefits. Printed 09/2005 - 14 - 644013-A 7. Accelerated death benefits paid under a life insurance policy. 8. Benefits from the following: a. Profit sharing plan. b. Thrift or savings plan. c. Deferred compensation plan. d. Plan under IRC Section 401(k), 408(k), 408(p), or 457. e. Individual Retirement Account (IRA). f. Tax Sheltered Annuity (TSA) under IRC Section 403(b). g. Stock ownership plan. h. Keogh (HR-10) plan. RULES �'OR I?EDUCTIBLE INCOlVIE A. Monthly Equivalents (PUB_NO OTHR OFFST) LT.ED.OT.1 Each month we will determine your LTD Benefit using the Deductible Income for the same monthly period, even if you actually receive the Deductible Income in another month. If you are paid Deductible Income in a lump sum or by a method other than monthly, we will determine your LTD Benefit using a prorated amount. We will use the period of time to which the Deductible Income applies. If no period of time is stated, we will use a reasonable one. B. Your Duty To Pursue Deductible Income You must pursue Deductible Income for which you may be eligible. We may ask for written documentation of your pursuit of Deductible Income. You must provide it within 60 days after we mail you our request. Otherwise, we may reduce your LTD Benefits by the amount we estimate you would be eligible to receive upon proper pursuit of the Deductible Income. C. Pending Deductible Income We will not deduct pending Deductible Income until it becomes payable. You must notify us of the amount of the Deductible Income when it is approved. You must repay us for the resulting overpayment of your claim. D. Overpayment Of Claim We will notify you of the amount of any overpayment of your claim under any group disability insurance policy issued by us. You must immediately repay us. You will not receive any LTD Benefits until we have been repaid in full. In the meantime, any LTD Benefits paid, including the Minimum LTD Benefit, will be applied to reduce the amount of the overpayment. We may charge you interest at the legal rate for any overpayment which is not repaid within 30 days after we first mail you notice of the amount of the overpayment. LT.RU.OT.1 SUBROGATION If LTD Benefits are paid or payable to you under the Group Policy as the result of any act or omission of a third party, we will be subrogated to all rights of recovery you may have in respect to such act or omission. You must execute and deliver to us such instruments and papers as may be required and Jo whatever else is needed to secure such rights. You must avoid doing anything that would prejudice our rights of subrogation. Printed 09/2005 - 15 - 644013-A If you notify us before filing suit or settling your claim against such third party, the amount to which we are subrogated will be reduced by a pro rata share of your costs of recovery, including reasonable attorney fees. If suit or action is filed, we may record a notice of payments of LTD Benefits, and such notice shall constitute a lien on any judgement recovered. If you or your legal representative fail to bring suit or action promptly against such third party, we may institute such suit or action in our name or in your name. We are entitled to retain from any judgement recovered the amount of LTD Benefits paid or to be paid to you or on your behalf, together with our costs of recovery, including attorney fees. The remainder of such recovery, if any, shall be paid to you or as the court may direct. LT.SG.OT.1 SURVIVORS BENEFIT If you die while LTD Benefits are payable, and on the date you die you have been continuously Disabled for at least 180 days, we will pay a Survivors Benefit according to 1 through 3 below. 1. The Survivors Benefit is a lump sum equal to 3 times your LTD Benefit without reduction by Deductible Income. 2. The Survivors Benefit will first be applied to reduce any overpayment of your claim. 3. The Survivors Benefit will be paid at our option to any one or more of the following: a. Your surviving spouse; b. Your surviving unmarried children, including adopted children, under age 25; c. Your surviving spouse's unmarried children, including adopted children, under age 25; or d. Any person providing the care and support of any person listed in a., b., or c. above. e. Your estate, if you are not survived by any person listed in a., b., or c. above. (MULTPL EST) LT.SB.OT.1 BENEFITS AFTER INSURANCE ENDS OR IS CHANGED During each period of continuous Disability, we will pay LTD Benefits according to the terms of the Group Policy in effect on the date you become Disabled. Your right to receive LTD Benefits will not be affected by: 1. Any amendment to the Group Policy that is effective after you become Disabled. 2. Termination of the Group Policy after you become Disabled. LT.BA.OT.1 EFFECT OF NEW DISABILITY If a period of Disability is extended by a new cause while LTD Benefits are payable, LTD Benefits will continue while you remain Disabled. However, 1 and 2 apply. 1. LTD Benefits will not continue beyond the end of the original Maximum Benefit Period. 2. The Disabilities Excluded From Coverage, Disabilities Subject To Limited Pay Periods, and Limitations sections will apply to the new cause of Disability. LT.ND.OT.1 Printed 09/2005 - 16 - 644013-A DISABILITIES EXCLUDED FROM COVERAGE A. War You are not covered for a Disability caused or contributed to by War or any act of War. War means declared or undeclared war, whether civil or international, and any substantial armed conflict between organized forces of a military nature. B. Intentionally Self -Inflicted Injury You are not covered for a Disability caused or contributed to by an intentionally self-inflicted Injury, while sane or insane. C. Preexisting Condition 1. Definition Preexisting Condition means a mental or physical condition: a. For which you have done any of the following: i. Consulted a physician or other licensed medical professional; ii. Received medical treatment, services or advice; iii. Undergone diagnostic procedures, including self-administered procedures; iv. Taken prescribed drugs or medications; b. Which, as a result of any medical examination, was discovered or suspected; at any time during the 90-day period just before the date your insurance becomes effective. 2. Exclusion You are not covered for a Disability caused or contributed to by a Preexisting Condition or medical or surgical treatment of a Preexisting Condition unless, on the date you become Disabled, you have been continuously insured under the Group Policy for 12 months. D. Loss Of License Or Certification You are not covered for a Disability caused or contributed to by the loss of your professional license, occupational license or certification. E. Violent Or Criminal Conduct You are not covered for a Disability caused or contributed to by your committing or attempting to commit an assault or felony, or actively participating in a violent disorder or riot. Actively participating does not include being at the scene of a violent disorder or riot while performing your official duties. (NO PRUDNT_NO Aid LT.XD.TX.1 DISABILITIES SUBJECT TO LIMITED PAY PERIODS A. Mental Disorders, Substance Abuse and Other Limited Conditions Payment of LTD Benefits is limited to 24 months during your entire lifetime for a Disability caused or contributed to by any one or more of the following, or medical or surgical treatment of one or more of the following: 1. Mental Disorders; 2. Substance Abuse; or 3. Other Limited Conditions. Printed 09/2005 - 17 - 644013-A However, if you are confined in a Hospital solely because of a Mental Disorder at the end of the 24 months, this limitation will not apply while you are continuously confined. Mental Disorder means any mental, emotional, behavioral, psychological, personality, cognitive, mood or stress -related abnormality, disorder, disturbance, dysfunction or syndrome, regardless of cause (including any biological or biochemical disorder or imbalance of the brain) or the presence of physical symptoms. Mental Disorder includes, but is not limited to, bipolar affective disorder, organic brain syndrome, schizophrenia, psychotic illness, manic depressive illness, depression and depressive disorders, anxiety and anxiety disorders. Substance Abuse means use of alcohol, alcoholism, use of any drug, including hallucinogens, or drug addiction. Other Limited Conditions means chronic fatigue conditions (such as chronic fatigue syndrome, chronic fatigue immunodeficiency syndrome, post viral syndrome, limbic encephalopathy, Epstein - Barr virus infection, herpesvirus type 6 infection, or myalgic encephalomyelitis), any allergy or sensitivity to chemicals or the environment (such as environmental allergies, sick building syndrome, multiple chemical sensitivity syndrome or chronic toxic encephalopathy), chronic pain conditions (such as fibromyalgia, reflex sympathetic dystrophy or myofascial pain), carpal tunnel or repetitive motion syndrome, temporomandibular joint disorder, craniomandibular joint disorder, arthritis, diseases or disorders of the cervical thoracic, or lumbosacral back and its surrounding soft tissue, and sprains or strains of joints or muscles. However, Other Limited Conditions does not include neoplastic diseases, neurologic diseases, endocrine diseases, hematologic diseases, asthma, allergy -induced reactive lung disease, tumors, malignancies, or vascular malformations, demyelinating diseases, lupus, rheumatoid or psoriatic arthritis, herniated discs with neurological abnormalities that are documented by electromyogram and computerized tomography or magnetic resonance imaging, scoliosis, radiculopathies that are documented by electromyogram, spondylolisthesis, grade II or higher, myelopathies and myelitis, traumatic spinal cord necrosis, osteoporosis, discitis, Paget's disease. Hospital means a legally operated hospital providing full-time medical care and treatment under the direction of a full-time staff of licensed physicians. Rest homes, nursing homes, convalescent homes, homes for the aged, and facilities primarily affording custodial, educational, or rehabilitative care are not Hospitals. B. Rules For Disabilities Subject To Limited Pay Periods 1. If you are Disabled as a result of a Mental Disorder or any Physical Disease or Injury for which payment of LTD Benefits is subject to a limited pay period, and at the same time are Disabled as a result of a Physical Disease, Injury, or Pregnancy that is not subject to such limitation, LTD Benefits will be payable first for conditions that are subject to the limitation. 2. No LTD Benefits will be payable after the end of the limited pay period, unless on that date you continue to be Disabled as a result of a Physical Disease, Injury, or Pregnancy for which payment of LTD Benefits is not limited. LT.LP.OT.1 LIMITATIONS A. Care Of A Physician You must be under the ongoing care of a Physician in the appropriate specialty as determined by us during the Benefit Waiting Period. No LTD Benefits will be paid for any period of Disability when you are not under the ongoing care of a Physician in the appropriate specialty as determined by us. Printed 09/2005 - 18 - 644013-A B. Return To Work Responsibility During the Own Occupation Period no LTD Benefits will be paid for any period of Disability when you are able to work in your Own Occupation and able to earn at least 20% of your Indexed Predisability Earnings, but you elect not to work. During the Any Occupation Period, no LTD Benefits will be paid for any period of Disability when you are able to work in Any Occupation and able to earn at least 20% of your Indexed Predisability Earnings, but elect not to work. C. Rehabilitation Program No LTD Benefits will be paid for any period of Disability when you are not participating in good faith in a plan, program or course of medical treatment or vocational training or education approved by us unless your Disability prevents you from participating. D. Foreign Residency Payment of LTD Benefits is limited to 12 months for each period of continuous Disability while you reside outside of the United States or Canada. E. Imprisonment No LTD Benefits will be paid for any period of Disability when you are confined for any reason in a penal or correctional institution. LT.LM.OT.1 CLAIMS A. Filing A Claim Claims should be filed on our forms. If we do not provide our forms within 15 days after they are requested, you may submit your claim in a letter to us. The letter should include the date disability began, and the cause and nature of the disability. B. Time Limits On Filing Proof Of Loss You must give us Proof Of Loss within 90 days after the end of the Benefit Waiting Period. If you cannot do so, you must give it to us as soon as reasonably possible, but not later than one year after that 90-day period. If Proof Of Loss is filed outside these time limits, your claim will be denied. These limits will not apply while you lack legal capacity. C. Proof Of Loss Proof Of Loss means written proof that you are Disabled and entitled to LTD Benefits. Proof Of Loss must be provided at your expense. For claims of Disability due to conditions other than Mental Disorders, we may require proof of physical impairment that results from anatomical or physiological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques. D. Documentation Completed claims statements, a signed authorization for us to obtain information, and any other items we may reasonably require in support of a claim must be submitted at your expense. If the required documentation is not provided within 45 days after we mail our request, your claim may be denied. E. Investigation Of Claim We may investigate your claim at any time. Printed Q9/2005 - 19 - 644013-A At our expense, we may have you examined at reasonable intervals by specialists of our choice. We may deny or suspend LTD Benefits if you fail to attend an examination or cooperate with the examiner. " F. Time Of Payment We will pay LTD Benefits within 60 days after you satisfy Proof Of Loss. LTD Benefits will be paid to you at the end of each month you qualify for them. LTD Benefits remaining unpaid at your death will be paid to the person(s) receiving the Survivors Benefit. If no Survivors Benefit is paid, the unpaid LTD Benefits will be paid to your estate. G. Notice Of Decision On Claim We will evaluate your claim promptly after you file it. Within 45 days after we receive your claim we will send you: (a) a written decision on your claim; or (b) a notice that we are extending the period to decide your claim for 30 days. Before the end of this extension period we will send you: (a) a written decision on your claim; or (b) a notice that we are extending the period to decide your claim for an additional 30 days. If an extension is due to your failure to provide information necessary to decide the claim, the extended time period for deciding your claim will not begin until you provide the information or otherwise respond. If we extend the period to decide your claim, we will notify you of the following: (a) the reasons for the extension; (b) when we expect to decide your claim; (c) an explanation of the standards on which entitlement to benefits is based; (d) the unresolved issues preventing a decision; and (e) any additional information we need to resolve those issues. If we request additional information, you will have 45 days to provide the information. If you do not provide the requested information within 45 days, we may decide your claim based on the information we have received. If we deny any part of your claim, you will receive a written notice of denial containing: a. The reasons for our decision. b. Reference to the parts of the Group Policy on which our decision is based. c. A description of any additional information needed to support your claim. d. Information concerning your right to a review of our decision. H. Review Procedure If all or part of a claim is denied, you may request a review. You must request a review in writing within 180 days after receiving notice of the denial. You may send us written comments or other items to support your claim. You may review and receive copies of any non -privileged information that is relevant to your request for review. There will be no charge for such copies. You may request the names of medical or vocational experts who provided advice to us about your claim. The person conducting the review will be someone other than the person who denied the claim and will not be subordinate to that person. The person conducting the review will not give deference to the initial denial decision. If the denial was based on a medical judgement, the person conducting the review will consult with a qualified health care professional. This health care professional will be someone other than the person who made the original medical judgement and will not be subordinate to that person. Our review will include any written comments or other items you submit to support your claim. Printed 09/2005 - 20 - 644013-A We will review your claim promptly after we receive your request. Within 45 days after we receive your request for review we will send you: (a) a written decision on review; or (b) a notice that we are extending the review period for 45 days. If the extension is due to your failure to provide information necessary to decide the claim on review, the extended time period for review of your claim will not begin until you provide the information or otherwise respond. If we extend the review period, we will notify you of the following: (a) the reasons for the extension; (b) when we expect to decide your claim on review; and (c) any additional information we need to decide your claim. If we request additional information, you will have 45 days to provide the information. If you do not provide the requested information within 45 days, we may conclude our review of your claim based on the information we have received. If we deny any part of your claim on review, you will receive a written notice of denial containing: a. The reasons for our decision. b. Reference to the parts of the Group Policy on which our decision is based. c. Information concerning your right to receive, free of charge, copies of non -privileged documents and records relevant to your claim. I. Assignment The rights and benefits under the Group Policy are not assignable. (REV PUB WRDG) LT.CL.OT.2 ALLOCATION OF AUTHORITY Except for those functions which the Group Policy specifically reserves to the Policyholder or Employer, we have full and exclusive authority to control and manage the Group Policy, to administer claims, and to interpret the Group Policy and resolve all questions arising in the administration, interpretation, and application of the Group Policy. Our authority includes, but is not limited to: 1. The right to resolve all matters when a review has been requested; 2. The right to establish and enforce rules and procedures for the administration of the Group Policy and any claim under it: 3. The right to determine: a. Eligibility for insurance; b. Entitlement to benefits; c. The amount of benefits payable; and d. The sufficiency and the amount of information we may reasonably require to determine a., b., or c., above. Subject to the review procedures of the Group Policy, any decision we make in the exercise of our authority is conclusive and binding. LT.AL.OT.1 Printed 09/2005 - 21 - 644013-A TIME LIMITS ON LEGAL ACTIONS No action at law or in equity may be brought until 60 days after you have given us Proof Of Loss. No such action may be brought more than three years after the earlier of. 1. The date we receive Proof Of Loss, and 2. The time within which Proof Of Loss is required to be given. LT.TL.OT.1 INCONTESTABILITY PROVISIONS A. Incontestability Of Insurance Any statement made to obtain insurance or to increase insurance is a representation and not a warranty. No misrepresentation will be used to reduce or deny a claim or contest the validity of insurance unless: 1. The insurance would not have been approved if we had known the truth; and 2. We have given you or any other person claiming benefits a copy of the signed written instrument which contains the misrepresentation. After insurance has been in effect for two years during the lifetime of the insured, we will not use a misrepresentation to reduce or deny the claim, unless it was a fraudulent misrepresentation. B. Incontestability Of The Group Policy Any statement made by the Policyholder or Employer to obtain the Group Policy is a representation and not a warranty. No misrepresentation by the Policyholder or your Employer will be used to deny a claim or to deny the validity of the Group Policy unless: 1. The Group Policy would not have been issued if we had known the truth; and L We have given the Policyholder or Employer a copy of a written instrument signed by the Policyholder or Employer which contains the misrepresentation. The validity of the Group Policy will not be contested after it has been in force for two years, except for nonpayment of premiums or fraudulent misrepresentations. CLERICAL ERROR, AGENCY, AND MISSTATEMENT A. Clerical Error LT.IN.OT.1 Clerical error by the Policyholder, your Employer, or their respective employees or representatives will not: 1. Cause a person to become insured. 2. Invalidate insurance under the Group Policy otherwise validly in force. 3. Continue insurance tinder the Group Policy otherwise validly terminated. B. Agency The Policyholder and your Employer act on their own behalf as your agent, and not as our agent. The Policyholder and your Employer have no authority to alter, expand or extend our liability or to waive, modify or compromise any defense or right we may have under the Group Policy. Printed 09/2005 - 22 - 644013-A C. Misstatement Of Age If a person's age has been misstated, we will make an equitable adjustment of premiums, benefits, or both. The adjustment will be based on: 1. The amount of insurance based on the correct age, and 2. The difference between the premiums paid and the premiums which would have been paid if the age had been correctly stated. LT.CE.OT.1 TERMINATION OR AMENDMENT OF THE GROUP POLICY The Group Policy may be terminated by us or the Policyholder according to its terms. It will terminate automatically for nonpayment of premium. The Policyholder may terminate the Group Policy in whole, and may terminate insurance for any class or group of Members, at any time by giving us written notice. Benefits under the Group Policy are limited to its terms, including any valid amendment. No change or amendment will be valid unless it is approved in writing by one of our executive officers and given to the Policyholder for attachment to the Group Policy. If the terms of the certificate differ from the Group Policy, the terms stated in the Group Policy will govern. The Policyholder, your Employer, and their respective employees or representatives have no right or authority to change or amend the Group Policy or to waive any of its terms or provisions without our signed written approval. We may change the Group Policy in whole or in part when any change or clarification in law or governmental regulation affects our obligations under the Group Policy, or with the Policyholder's consent. Any such change or amendment of the Group Policy may apply to current or future Members or to any separate classes or groups of Members. LT.TA.OT.1 DEFINITIONS Benefit Waiting Period means the period you must be continuously Disabled before LTD Benefits become payable. No LTD Benefits are payable for the Benefit Waiting Period. See Coverage Features. Contributory means insurance is elective and Members pay all or part of the premium for insurance. CPI-W means the Consumer Price Index for Urban Wage Earners and Clerical Workers published by the United States Department of Labor. If the CPI-W is discontinued or changed, we may use a comparable index. Where required, we will obtain prior state approval of the new index. Employer means an employer (including approved affiliates and subsidiaries) for which coverage under the Group Policy is approved in writing by us. Group Policy means the group LTD insurance policy issued by us to the Policyholder and identified by the Group Policy Number. Indexed Predisability Earnings means your Predisability Earnings adjusted by the rate of increase in the CPI-W. During your first year of Disability, your Indexed Predisability Earnings are the same as your Predisability Earnings. Thereafter, your Indexed Predisability Earnings are determined on each anniversary of your Disability by increasing the previous year's Indexed Predisability Earnings by the rate of increase in the CPI-W for the prior calendar year. The maximum adjustment in any year is 10%. Your Indexed Predisability Earnings will not decrease, even if the CPI-W decreases. Injury means an injury to the body. LTD Benefit means the monthly benefit payable to you under the terms of the Group Policy. Printed 09/2005 - 23 - 644013-A Maximum Benefit Period means the longest period for which LTD Benefits are payable for any one period of continuous Disability, whether from one or more causes. It begins at the end of the Benefit Waiting Period, No LTD Benefits are payable after the end of the Maximum Benefit Period, even if you are still Disabled. See Coverage Features. Noncontributory means (a) insurance is nonelective and the Policyholder or Employer pay the entire premium for insurance; or (b) the Policyholder or Employer require all eligible Members to have insurance and to pay all or part of the premium for insurance. Physical Disease means a physical disease entity or process that produces structural or functional changes in the body as diagnosed by a Physician. Physician means a licensed M.D. or D.O., acting within the scope of the license. Physician does not include you or your spouse, or the brother, sister, parent, or child of either you or your spouse. Pregnancy means your pregnancy, childbirth, or related medical conditions, including complications of pregnancy. Prior Plan means your Employer's group long term disability insurance plan in effect on the day before the effective date of your Employer's participation under the Group Policy and which is replaced by coverage under the Group Policy. POLICYHOLDER PROVISIONS A. Premiums LT.DF.OT.1 The premium due on each Premium Due Date is the sum of the premiums for all persons then insured. Premium Rates are shown in Coverage Features. B. Contributions From Members The Policyholder determines the amount, if any, of each Member's contribution toward the cost of insurance. C. Changes In Premium Rates We may change Premium Rates whenever: 1. A change or clarification in law or governmental regulation affects the amount payable under the Group Policy. Any such change in Premium Rates will reflect only the change in our obligations. 2. Factors material to underwriting the risk we assumed under the Group Policy with respect to an Employer, including, but not limited to, number of persons insured, age, Predisability Earnings, gender, and occupational classification, changes by 25% or more. 3. The premium contribution arrangement for Members is changed or varies from that stated in the Group Policy when issued or last renewed. 4. We and the Policyholder or the Employer mutually agree to change Premium Rates. Except as provided above, Premium Rates will not be changed Period shown in Coverage Features. Thereafter, except as Premium Rates upon 181 days advance written notice to the Premium Rates may be made effective on any Premium Due made more than once in any contract year. Contract years computed from the end of the Initial Rate Guarantee Period, D. Payment Of Premiums provided above, we may during the Initial Rate Guarantee change Policyholder. Any such change in Date, but no such change will be are successive 12 month periods All premiums are due on the Premium Due Dates shown in Coverage Features. Printed 09/2005 - 24 - 644013-A Each premium is payable on or before its Premium Due Date directly to us at our home office. The payment of each premium by the Policyholder as it becomes due will maintain the Group Policy in force until the next Premium Due Date. E. Grace Period And Termination For Nonpayment If a premium is not paid on or before its Premium Due Date, it may be paid during the following Grace Period of 31 days. The Group Policy or an Employer's coverage under the Group Policy will remain in force during the Grace Period. If the premium is not paid during the Grace Period, the Group Policy will terminate automatically at the end of the Grace Period. The Policyholder is liable for premium for coverage during the Grace Period. We may charge interest at the legal rate for any premium which is not paid during the Grace Period, beginning with the first day after the Grace Period. F. Termination For Other Reasons The Policyholder may terminate the Group Policy by giving us written notice. The effective date of termination will be the later of: 1. The date stated in the notice; and 2. The date we receive the notice. We may terminate the Group Policy as follows: 1. On any Premium Due Date if the number of persons insured is less than the Minimum Participation shown in Coverage Features. 2. On any Premium Due Date if we determine that the Policyholder has failed to promptly furnish any necessary information requested by us, or has failed to perform any other obligations relating to the Group Policy. The minimum advance notice of termination by us is 31 days. G. Premium Adjustments Premium adjustments involving a return of unearned premiums to the Policyholder will be limited to the 12 months just before the date we receive a request for premium adjustment. H. Certificates We will issue certificates to the Policyholder showing the coverage under the Group Policy. The Policyholder will distribute a certificate to each insured- Member. If the terms of the certificate differ from the Group Policy, the terms stated in the Group Policy will govern. I. Records And Reports The Policyholder will furnish on our forms all information reasonably necessary to administer the Group Policy. We have the right at all reasonable times to inspect the payroll and other records of the Policyholder which relate to insurance under the Group Policy. J. Agency And Release Individuals selected by the Policyholder or by any Employer to secure coverage under the Group Policy or to perform their administrative function under it, represent and act on behalf of the person selecting them, and do not represent or act on behalf of Standard. The Policyholder, Employer and such individuals have no authority to alter, expand or extend our liability or to waive, modify or compromise any defense or right we may have under the Group Policy. The Policyholder and each Employer hereby release, hold harmless and indemnify Standard from any liability arising from or related to any negligence, error, omission, misrepresentation or dishonesty of any of them or their representatives, agents or employees. Printed 09/2005 - 25 - 644013-A l .Notice Of Suit The Policyholder or Employer shall promptly give us written notice of any lawsuit or other legal proceedings arising under the Group Policy. L. Entire Contract, Changes The Group Policy and the applications of the Policyholder constitute the entire contract between the parties. A copy of the Policyholder's application is attached to the Group Policy when issued. The Group Policy may be changed in whole or in part. No change in the Group Policy will be valid unless it is approved in writing by one of our executive officers and given to the Policyholder for attachment to the Group Policy. No agent has authority to change the Group Policy, or to waive any of their provisions. M. Effect On Workers' Compensation, State Disability Insurance The coverage provided under the Group Policy is not a substitute for coverage under a workers' compensation or state disability income benefit law and does not relieve the Employer of any obligation to provide such coverage. N. Nonassessable Policy This Group Policy, like all group insurance policies issued by us, is nonassessable. TX/LTDP2000 (NO DIVj LT.PH.TX.1 644013-A Printed 09/2005 -26- IMPORTANT NOTICE To obtain information or make a complaint: You may call Standard Insurance Company's toll -free telephone number for information or to make a complaint at: 1-800-348-3226 You may also write to Standard Insurance Company at: 900 SW Fifth Avenue Portland OR 97204-1282 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance ac PO Box 149104 Austin TX 78714-9104 FAX# (512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact Standard Insurance Company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY OR CERTIFICATE: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una quej a: Usted puede llamar al numero de telefono gratis de Standard Insurance Company para informacion o para someter una queja al: 1-800-348-3226 Usted tambien puede escribir a Standard Insurance Company: 900 SW Fifth Avenue Portland OR 9 7204- 1282 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias coberturas, derechos, o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: PO Box 149104 Austin TX 78714-9104 FAX# (512) 475-1771 DISPUTES SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con Standard Insurance Company primero. Si no se resuelve la disputa, puede entonces comunicarse con el departmento (TDI). UNA ESTE AVISO A SU POLIZA O CERTIFICADO: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. IMPORTANT INFORMATION ABOUT COVERAGE UNDER THE TEXAS LIFE, ACCIDENT, HEALTH AND HOSPITAL SERVICE INSURANCE GUARANTY ASSOCIATION Texas law establishes a system, administered by the Texas Life, Accident, Health and Hospital Service Insurance Guaranty Association (the "Association"), to protect policyholders if their life or health insurance company fails to or cannot meet its contractual obligations. Only the policyholders of insurance companies which are members of the Association are eligible for this protection. However, even if a company is a member of the Association, protection is limited and policyholders must meet certain guidelines to qualify. (The law is found in the Texas Insurance Code, Article 21.28-D.) BECAUSE OF STATUTORY LIMITATIONS ON POLICYHOLDER PROTECTION, IT IS POSSIBLE THAT THE ASSOCIATION MAY NOT COVER YOUR POLICY OR MAY NOT COVER YOUR POLICY IN FULL. Eligibility for Protection by the Association When an insurance company which is a member of the Association is designated as impaired by the Texas Commissioner of Insurance, the Association provides coverage to policyholders who are: ❑ residents of Texas at the time that their insurance company is impaired ❑ residents of other states, ONLY if the following conditions are met: 1) The policyholder has a policy with a company based in Texas; 2) The company has never held a license in the policyholders state of residence; 3) The policyholder's state of residence has a similar guaranty association; and 4) The policyholder is not eligible for coverage by the guaranty association of the policyholder's state of residence. ts of Protection by the Association Accident, Accident and Health, or Health Insurance: ❑ up to a total of $200,000 for one or more policies for each individual covered. Life Insurance: ❑ net cash surrender value up to a total of $100,000 under one or more policies on anyone life; or ❑ death benefits up to a total of $300,000 under one or more policies on any one life. Individual Annuities: ❑ net cash surrender amount up to a total of $100,000 under one or more policies owned by one contractholder. Group Annuities: ❑ net cash surrender amount up to a $100,000 in allocated benefits under one or more policies owned by one contractholder; or ❑ net cash surrender amount up to a $5,000,000 in unallocated benefits under one contractholder regardless of the number of contracts. THE INSURANCE COMPANY AND ITS AGENTS ARE PROHIBITED BY LAW FROM USING THE EXISTENCE OF THE ASSOCIATION FOR THE PURPOSE OF SALES, SOLICITATION, OR INDUCEMENT TO PURCHASE ANY FORM OF INSURANCE. When you are selecting an insurance company, you should not rely on coverage by the Association. Texas Life, Accident, Health and Hospital Service Insurance Guaranty Association 301 Congress, Suite 500 Austin, Texas 78701 800-982-6362 Texas Department of Insurance P.O. Box 149104 Austin, Texas 78714-9104 800-252~3439