BENEFIT PROVISIONS

LONG TERM DISABILITY INCOME INSURANCE

 

  Table of Contents

 

Frequently Asked Questions

BENEFIT PROVISIONS

Total Disability Benefit formula

Partial Disability Benefit formula

What are Other Income Benefits?  

When does my monthly LTD benefit cease?  

What happens if I return to full-time work and become disabled again?  

What happens to my LTD benefit if I die?  

Who are my Eligible Survivors?  

What are the Limitations?  

What are the Exclusion?

CLAIM PROVISIONS

How is a claim submitted?  

When does written Notice of Claim have to be submitted?  

When does written Proof of Claim have to be submitted?  

What is considered Proof of Claim?  

When are benefits payable?  

Who are benefits payable to?  

Can I change my Beneficiary?  

Can I assign my Life Insurance?  

How can statements made in any application for insurance be used?  

What happens if facts are misstated?  

What are Sun Life’s examination and autopsy rights?  

GENERAL PROVISIONS

What are the time limits for legal proceedings?  

Do these group benefits affect Workers’ Compensation?  

Can the Policyholder act as a Sun Life agent?

DEFINITIONS

Terms you need to know

 

SUMMARY PLAN DESCRIPTION

 

Plan Sponsor

Plan Administrator

ERISA Rights

 

Frequently Asked Questions

 

What is the Long Term Disability Benefit?

Long Term Disability Benefits (LTD) partially replace your income if you become Totally or Partially Disabled while insured.

When do LTD benefits become payable?

Sun Life will pay a monthly LTD benefit after the end of your Elimination Period, if Sun Life receives proof that you are:

·         Totally or Partially Disabled due to an injury or Sickness; and

What conditions must be met for LTD benefits to continue?

Sun Life will pay you an LTD benefit, up to the Maximum Benefit Period, if you provide proof that you continue to be Totally or Partially Disabled and you require the regular and continuing care of a Physician. You need to provide proof when Sun Life asks for it, but the proof is at your expense.

How is the LTD benefit calculated?

If you are Totally Disabled, your monthly LTD benefit will be calculated based on the Total Disability Benefit formula. If you are Partially Disabled, your monthly LTD benefit will be calculated based on the Partial Disability Benefit formula. You need to provide Sun Life with proof of your monthly earnings on a quarterly basis. Your monthly LTD benefit will never be less than your Minimum Monthly Benefit shown in the Benefit Highlights.

BENEFIT PROVISIONS

LONG TERM DISABILITY INCOME INSURANCE

 

What is the Total Disability Benefit formula?

To determine your Total Disability Benefit:

1.      Take the lesser of:  

a.      Your Total Monthly Earnings multiplied by the Benefit Percentage (shown in the Benefit Highlights); or

  1. the Maximum Monthly Benefit (shown in the Benefit Highlights); or
  2. the Guaranteed Issue Amount (shown in the Benefit Highlights) plus any amount of insurance over your Guaranteed Issue Amount that Sun Life has approved your Evidence of Insurability; then

2.      Subtract Other Income Benefits from the amount determined in Step 1.

 

What is the Partial Disability Benefit formula?

To determine your Partial Disability Benefit for the first 24 months of your Partial Disability:

1.      calculate the LTD benefit you would receive if you were Totally Disabled then

add your earnings from employment plus your income received from Other Income Benefits to your Total Disability Benefit.

  1. if this sum is more than 100% of your Indexed Total Monthly Earnings, subtract the amount in excess of 100% from your Total Disability Benefit. This result is your Partial Disability Benefit; or

if the sum is less than 100% of your Indexed Total Monthly Earnings, your Total Disability Benefit is your Partial Disability Benefit.

 

LONG TERM DISABILITY INCOME INSURANCE

A Total Disability Benefit will be paid if you are earning 20% or less of your Indexed Total Monthly Earnings.

If you continue to be Partially Disabled after 24 months of Partial Disability Benefits, your Partial Disability Benefit will be recalculated based on the following formula:

(A divided by B) multiplied by C

Where:

A = your Indexed Total Monthly Earnings minus your monthly earnings

Received from your employment.

B = your Indexed Total Monthly Earnings.

C = your total Disability Benefit.

A Total Disability Benefit will be paid if you are earning 20% or less of your Indexed Total Monthly Earnings.

 

What are Other Income Benefits?

Other Income Benefits are those benefits provided or available to you while your monthly LTD benefit is payable. These Other Income Benefits, other than retirement benefits, must be provided to you as a result of the same Total or Partial Disability payable under the Group Policy. Other Income Benefits include:

1. The amount you are eligible for under:

a.     Worker’s Compensation Law; or

    1. Occupational Disease Law; or
    2. Unemployment Compensation Law; or
    3. Compulsory Benefit Act or Law; or
    4. Any other act or law of like intent.

2. The Railroad Retirement Act (including any dependent benefits).

 

1.      Any labor management trustee, union or employee benefit plans that are funded in whole or in part by your Employer.

  1. Any disability income benefits you are eligible for under:

a.      any other group insurance plan of your Employer

  1. any governmental retirement system as a result of your job with your Employer.

3.      The benefits you receive under your Employer’s Retirement Plan as follows:

a.      any disability benefits;

  1. the Employer-paid portion of any retirement benefits. (Disability benefit that reduce your accrued retirement benefit will be treated as a retirement benefit. Retirement benefits do not include any amount rolled over or transferred to any other retirement plan as defined in Section 402 of the Internal Revenue Code.)

4.      The disability or retirement benefits under the United States Social Security Act, or any similar plan or act, as follows:

a.      Disability benefits you are eligible to receive;

  1. Disability benefits your spouse, child or children are eligible to receive because of your total or Partial Disability, unless the dependent benefits are paid directly to your divorced spouse or to your children in custody of your divorced spouse.
  2. Retirement benefits received by you;
  3. Retirement benefits your spouse, child or children receive because of your receipt of retirement benefits, unless the dependent benefits are paid directly to your divorced spouse or to your children in custody of your divorced spouse.

If your Total or Partial Disability begins after age 70, your Social Security Retirement Benefits will not apply if, prior to your Total or Partial Disability, you were already receiving Social Security Retirement Benefits.

1.      The amount you receive from any accumulated sick leave.

  1. Any formal salary continuation paid to you by your Employer which causes your monthly LTD benefit, plus Other Income Benefits and any salary continuation, to be more than 100% of your Total Monthly Earnings. The amount in excess of 100% of your total Monthly Earnings will be used as a reduction.
  1. Any amount you receive by compromise, settlement or other method as a result of a claim for any Other Income Benefit.

Other Income Benefits will include any amount described above which would have been available to you had you applied for that benefit.

 

What if I receive payment of Other Income Benefits in lump sum?

If your receive a lump sum payment for any Other Income Benefits, Sun Life will prorate the lump sum on a monthly basis over the time period specified for the lump sum payment. If no time period is stated, the lump sum payment will be prorated on a monthly basis over your expected lifetime as determined by Sun Life.

 

What happens if I receive increases in my Other Income Benefits?

After the first deduction for each of your Other Income Benefits, sun Life will not reduce your monthly LTD benefit payments due to cost of living increases. This does not apply to any increase in earnings you receive from employment.

 

Are any of Other Income Benefits estimated?

Sun Life will estimate the amount of any Other Income Benefits if they have not yet been awarded or denied or if they have been denied and are being appealed. This estimate will be used to reduce the amount of your monthly LTD benefits payments. However, the estimate will not be used if, within 6 months of becoming totally or Partially Disabled, you meet both of the following conditions:

·         you have applied for the Other Income Benefits; and

   

What happens when the Other Income Benefits have been awarded or have been denied?

You must notify Sun Life of the amount of Other Income Benefit when it is approved or adjusted (other than cost of living increases) or if it has been denied on final appeal. Sun Life will make an adjustment to the Net Monthly Benefit when Sun Life receives written notice of the amount of the Other Income Benefit or when it has been denied. Written Notice must be sent within 31 days after receipt of the Other Income Benefit award or denial.

If after Sun Life makes as adjustment your Net Monthly Benefit has been underpaid, Sun Life will make a lump Sum refund to you of the amount that has been underpaid.

If after Sun Life makes an adjustment your Net Monthly Benefit has been overpaid, you must reimburse Sun Life the amount of the overpayment within 31 days of the award. Sun Life has the option to reduce or eliminate your future monthly LTD benefit payments instead of requiring reimbursement in a lump sum. During the overpayment reimbursement period, the Minimum Monthly Benefit will not apply.

When does my monthly LTD benefit cease?

Your monthly LTD benefit will cease on the earliest of:

·         the date you are no longer Totally or Partially Disabled;

·         the date you die;

·         the end of your Maximum Benefit Period;

·         the date you do not provide proof that you continue to be Totally or Partially Disabled as requested; or

·         the date your current earnings are more than 80% of your Indexed Total Monthly Earnings;

·         the date Sun Life determines you are able to perform on a fill-time basis all of the material and substantial duties of your own occupation, even if you choose not to work (this applies to the first 24 months of Total Disability or to your Partial Disability); or

  ·         After the first 24 months of Total Disability, the date Sun Life determines you are able to perform on a  full-time basis all of the material and substantial duties of any occupation for which you are or become reasonably qualified for by education, training or experience, even if you choose not to work.

What happens if I return to full-time work and become disabled again?

Sun Life will treat this new disability as apart of your prior Total or Partial Disability if you returned to work and were Actively at Work for less than:

·         six months, if due to the same or related causes;

You will not have to complete a new Elimination Period.

Your monthly LTD benefit will be subject to the same terms and conditions as were applicable to the original Total or Partial Disability.

Your monthly LTD benefit will not continue if:

·         you become eligible for benefits under any other group LTD policy; or

If your new disability begins later than the time periods specified, you will need to complete a new Elimination Period.

What happens to my LTD benefit if I die?

A Survivor Benefit equal to 3 times your last Gross Monthly Benefit is payable in a lump sum to your Eligible Survivor if Sun Life receives satisfactory proof that you died:

·         after your Total or Partial Disability had continued for 180 or more consecutive days; and

Who are my Eligible Survivors?

Your spouse, if living, or your children under age 25.

If you do not have an Eligible Survivor, the Survivor Benefit will be payable to your estate.

What are the Limitations?

No LTD benefit will be payable to you for any Total or Partial Disability during any of the following periods:

·         any period you are no longer under the regular and continuing care of a Physician providing appropriate treatment by means of examination and testing in accordance with your disabling condition.

·         any period you do not submit to any medical Examination requested by Sun Life.

·         Any period of your Total or Partial Disability that is due to Mental Illness (mental, nervous, psychological, emotional diseases, or behavioral disorders of any type), unless you are under the continuing care of a specialist in psychiatric care.

After you complete your Elimination Period, LTD benefits are payable for 24

months.

Benefits after the first 24 months are payable only if you are confined in a

Hospital or Institution licensed to provide psychiatric treatment.

·         any period of your Total or Partial Disability that is due to Drug and Alcohol Illness (an illness which results from the abuse of alcohol, drugs or derivatives), unless you are actively supervised by a Physician or Rehabilitation Counselor and are receiving continuing treatment from a rehabilitation center or a designated institution approved by Sun Life.

After you complete your Elimination Period, LTD benefits are payable for 24

months if, during the Elimination Period you:

·         become confined in a Hospital or Institution to provide Drug or Alcohol treatment; or

Benefits after the first 24 months are payable only if you are confined in a

Hospital or Institution licensed to provide Drug or Alcohol treatment.

·         any period of your Total or Partial Disability which begins in the first 12 months after your LTD insurance becomes effective that is caused by, contributed to by, or resulting from a Pre-Existing Condition unless your Total or Partial Disability begins after a period of 3 consecutive months after your LTD insurance becomes effective, during which you have not received medical treatment, consultation, care or services, including diagnostic measures, or taken prescribed drugs or medicines.

A Pre-Existing Condition means any Injury or Sickness for which you have received medical treatment, consultation, care or services, including diagnostic measures, or took prescribed drugs or medicines within 3 months of the date your LTD insurance becomes effective.

 

What are the Exclusion?

No LTD benefit is payable for any Total or Partial Disability that is due to:

·         intentionally self-inflicted injuries;

 

What happens when my Employer transfers Insurance Carriers to Sun Life?

In order to prevent losing your insurance, Sun Life will provide the following coverage.

If you are not Actively at work on January 1,1999 you will be insured if:

1.      you were insured under the prior insurer’s group LTD policy at the time of the transfer; and

  1. were Actively at Work and insured on January 1,1999.

 

Any benefit payable will be determined as following:

1.      if you have satisfied the Pre-Existing Condition Limitation under the Group Policy, the LTD benefit will be based on the Group Policy’s benefit provision.

2. if you cannot satisfy the Group Policy’s Pre-Existing Condition Limitation, the prior insurer’s pre-existing condition limitation will be applied.

a.      if you have satisfied the prior insurer’s pre-existing condition limitation, considering time insured under both group policies, any benefit payable will the lesser of:

        i.            the LTD benefit payable under the Group Policy; or

  1. the LTD benefit payable under the prior insurer’s group LTD policy had it remained in force.

a.      if you cannot satisfy the Pre-Existing Condition Limitation of the Group Policy or that of the prior insurer’s group LTD policy, no LTD benefit will be paid.

 

CLAIM PROVISIONS

How is a claim submitted?

To submit a claim, you or someone on your behalf must send Sun Life written Notice and Proof of Claim within the time limits specified. Your Employer has the Sun Life Notice and Proof of Claim forms.

When does written Notice of Claim have to be submitted?

for a Death Claim (accidental or otherwise) – written notice of claim must be given to Sun Life no later than 30 days after date of death.

for Life Waiver of Premium – written notice of claim must be given to Sun Life no later than 12 months after you cease to be Actively at Work.

for Accidental Dismemberment – written notice of claim must be given to Sun Life no later than 12 months after the date of your loss.

For Long Term Disability – written notice of a claim must be given to Sun Life no later than 30 days before the end of your Elimination Period or, within 30 days of the termination of the Group Policy, if earlier.

If notice cannot be given within the applicable time period, Sun Life must be notified as soon as it is reasonably possible.

When Sun Life has received written notice of claim, Sun Life will send the forms for proof of claim. If the forms are not received within 15 days after written notice of claim is sent, proof of claim may be sent to Sun Life without waiting to receive the proof of claim forms.

 

When does written Proof of Claim have to be submitted?

for a death claim (accidental or otherwise) – proof of claim must be given to Sun Life no later than 90 days after date of death.

for Life Waiver of Premium – proof of claim must be given to Sun Life no later that 15 months after you cease to be Actively at Work.

for Accidental Dismemberment – proof of claim must be given to Sun Life no later than 15 months after the date of your loss.

For Long Term Disability – proof of claim must be given to Sun Life no later than 90 days after the end of your Elimination Period.

 

If proof cannot be given within these time limits, proof must be given as soon as reasonably possible. Proof of claim may not be given later than one year after the time proof is otherwise required unless the individual is legally incompetent.

 

What is considered Proof of Claim?

Proof of Claim consists of at least the following information:

·         what the loss or disability is;

(For example: a Death Claim would include at least the Death Certificate for Proof of Claim)

Proof of Claim for Long Term Disability Insurance includes, but is not limited to, Hospital records; Physician records; Psychiatric records; X-rays, narrative reports, or other diagnostic testing materials as required.

Sun Life may require as part of the proof, authorization to obtain medical and non-medical information.

Proof of your continued Total Disability and regular and continuous care by a Physician must be given to Sun Life within 30 days of the request for proof.

Proof must be satisfactory to Sun Life.

 

When are benefits payable?

Benefits are payable when Sun Life receives satisfactory Proof of Claim.

 

Who are benefits payable to?

Benefits payable upon your death are payable to your Beneficiary living at the time (other than your Employer). Unless you otherwise specify, if more than one Beneficiary survives you, all surviving Beneficiaries will share equally. If no Beneficiary is alive on the date of your death, payment will be made to your estate.

Survivor Benefit are payable to your Eligible Survivor as defined in the Long Term Disability Income Benefit Provision.

All other benefits payable during your lifetime are payable to you.

If a benefit is payable to your estate, if you are a minor, or you are not competent, Sun Life has the right to pay an amount of the benefit up to $5,000 to any of your relatives that Sun Life considers entitled. If Sun Life pays benefits in good faith to a relative, Sun Life will not have to pay those benefits again.

If your Beneficiary is a minor or is not competent, Sun Life has the right to pay up to $1,000 to the person or institution that appears to have assumed custody and main support for the minor, until the appointed legal representative makes a formal claim. If Sun Life pays benefits in good faith to a person or institution, Sun Life will not have to pay those benefits again.

 

Can I change my Beneficiary?

You can change your Beneficiary at any time on the form provided by Sun Life, unless you have stated your choice of Beneficiary is irrevocable or you have assigned your interest in you Life Insurance to another person. Any request for change of Beneficiary must be in written form and will take effect on the date you sign and file the change with your Employer. If Sun Life has taken any action or made payment before receiving notice of that change, your change of Beneficiary will not affect any action or payment made by Sun Life. The consent of you Beneficiary is not required to change any Beneficiary.

 

Can I assign my Life Insurance?

You can transfer ownership of your Life Insurance under the Group Policy by means of an absolute assignment. You cannot make an absolute assignment to your Employer. All your rights and duties as owner are transferred to the new owner. The new owner can make any change the Group Policy allows, such as a change of Beneficiary.

Any assignment must be in a written form and will take effect on the date you sign and file the assignment with your Employer. If Sun Life has taken any action or made payment before receiving notice of that change, the assignment will not affect any action or payment made by Sun Life. Sun Life will not be responsible for the legal, tax or other effects of any assignment.

 

How can statements made in any application for insurance be used?

All statements made in any application are considered representations and not warranties. No representation by you in applying for insurance under the Group Policy will be used to reduce or deny a claim unless a copy of your written application for insurance is or has been given to you or to your Beneficiary, if any.

No statement made by you or any of your Dependents, relating to Evidence of Insurability for an initial, increased or additional amount of insurance, will be used in contesting the validity of that insurance, after such initial, increased or additional amount of insurance has been in force for a period of two years during that individual’s lifetime. This statement must be contained in a form signed by that individual.

 

What happens if facts are misstated?

If relevant facts about you or any one of your Dependents are not accurate:

If the amount of benefit depends on your age, the benefit will be the amount you would have been entitled to if your correct age were known.

 

What are Sun Life’s examination and autopsy rights?

Sun Life, at its own expense, has the right to have any person, whose Injury or Sickness is the basis of a claim:

This right may be used as often as reasonably required.

 

GENERAL PROVISIONS

 

Sun Life has the right, in the case of death, to request an autopsy.

 

What are the time limits for legal proceedings?

No legal action may start:

·         until 60 days after Proof of Claim has been given; nor

 

Do these group benefits affect Workers’ Compensation?

The Group Policy is not in lieu of, and does not affect, any requirement for coverage by Workers’ Compensation Insurance.

 

Can the Policyholder act as a Sun Life agent?

 

For all purposes of the Group Policy, the policyholder acts on its own behalf or as your agent. Under no circumstances will the Policyholder be deemed a Sun Life agent.

 

 

DEFINITIONS

   

These are some of the general terms you need to know.

Actively at Work means that you perform all the regular duties of your job for a full work day scheduled by your Employer at your Employer’s normal place of business or a site where your Employer’s business requires you to travel.

You are considered Actively at Work on any day that is not your regular scheduled work day (i.e., you are on vacation, layoff or an approved leave of absence) as long as you:

·         are not hospital confined; or  

You are considered Actively at Work if you usually perform the regular duties of your job at your home as long as you;

·         are not hospital confined; or

 

Eligibility Date means the date or dates you become eligible for insurance under the Group Policy. Classes eligible for insurance are shown in the Benefit Highlights.

Employee (You) means a person who is employed by the Employer working at least the number of hours shown in the Benefit Highlights, and paid regular earnings.

Employer means Mountain Adventures and includes any Subsidiary, Affiliated or Associated company insured under the Group Policy.

Evidence of Insurability means a statement or proof of your or your Dependent’s medical history upon which acceptance for insurance will be determined by Sun Life.

Guaranteed Issue Amount means the maximum amount of insurance available to you or your Dependent without Evidence of Insurability.

Injury means bodily impairment resulting directly from an accident and independently of all other causes. Any Injury must occur and Disability must begin while you are insured under the Group Policy.

Physician means an individual who is operating within the scope of his license and is either:

·         licensed to practice medicine and prescribe and administer drugs or to perform surgery; or

The Physician cannot be you, your spouse or the parents, brothers, sisters or children of you or your spouse.

Pregnancy means childbirth, miscarriage, abortion or any disease resulting from or aggravated by the pregnancy.

Sickness means illness, disease or pregnancy. A disability, because of sickness, must begin while you are insured under the Group Policy.

Waiting Period means the continuous length of time immediately before your Eligibility Date during which you must be Actively at Work for your Employer before you can apply for benefits. Any period of time before the Group Policy Effective Date that you were Actively at Work for your Employer as a full-time Employee will count towards completion of your Waiting Period. The Waiting Period is shown in the Benefit Highlights.

 

These are Life Insurance terms you need to know.

 

Basic Maximum Benefit means the largest amount of Basic Insurance available to you. The Basic Maximum Benefit is shown in the Benefit Highlights.

Beneficiary means the person (it cannot be your Employer) who is entitled to receive death benefit proceeds as they become due under the Group Policy. A person becomes your Beneficiary only if you have named that person on a signed form acceptable to Sun Life.

Certified or Certification means a written statement made by a Physician, on a form provided by Sun Life, as to your Terminal Illness.

Retirement for the purposes of your being considered retired means the first of the following dates to occur:

1.      the effective date of your retirement benefits under:

a.      any plan of a federal, state, county, municipal or an association retirement system which you are eligible as a result of your employment with your Employer;

  1. any plan your Employer sponsors; or
  2. any plan your Employer makes or has made contributions to.

1.      The effective date of your retirement benefits under the Social Security Act or any similar plan or act. However, if you meet the definition of an Employee Actively at Work and you are receiving retirement benefits under Social Security Act or similar plan or act, you will not be considered retired.

Terminally Ill or Terminal Illness means your Sickness or physical condition that is Certified by a Physician to reasonably be expected to result in your death within twelve months or less.

Total Disability or Totally Disabled means because of your Injury or Sickness, you are unable to perform the material and substantial duties of any occupation for which you are or become reasonably qualified for by education, training or experience.

 

These are Dependent Life Insurance terms you need to know.

 

Dependent means your:

·         Spouse;

 

Your unmarried step-child, foster child or adopted child are included as a Dependent if he/she depends on you for 50% or more of his/her support and are living with you in a regular parent-child relationship. A child is considered adopted if in your legal custody under an interim court order or adoption, whether or not a final adoption order is ever issued.

Dependent does not include:

·         Any person who is insured as an Employee; or

No person may be considered to be a Dependent of more than one Employee.

 

This is an Accidental Death and Dismemberment Insurance term you need to know.

 

Accidental Bodily Injury means bodily harm caused solely by external, violent and accidental means which is sustained directly and independently of all other causes.

 

These are Long Term Disability Insurance Terms you need to know.

 

Elimination Period means a period of continuous days of your Total or Partial Disability when no LTD benefit is payable. Your Elimination Period is shown in the Benefit Highlights and begins on your first day of Total or Partial Disability.

If you return to work for 15 days or less during your Elimination Period and cannot continue working, your Total or Partial Disability will be treated as continuous. Only those days that you are Totally or Partially Disabled will count toward satisfying your Elimination Period.

Family Social Security means benefits that are paid under the Federal Social Security Act to your Eligible spouse and/or children as a result of your Total or Partial Disability.

Indexed Total Monthly Earnings means your Total Monthly Earnings immediately before the first date your Total or Partial Disability began adjusted on the first of the month following 12 months of Partial Disability Benefit payments each annual anniversary thereafter. Each adjustment to the Indexed Total Monthly Earnings is the lesser of 10% or current annual percentage increase in the Consumer Price Index for Wage Earners and Clerical Workers as published monthly by the U.S. Department of Labor. Sun Life reserves the right to use some other similar measurement if the Department of Labor changes or stops publishing the Consumer Price Index.

Maximum Monthly Benefit means the largest amount payable monthly to you. The Maximum Monthly Benefit is shown in the Benefit Highlights. If Evidence of Insurability has not been approved for amounts over your Guaranteed Issue Amount, your Maximum Monthly Benefit is the maximum amount of insurance approved in writing by Sun Life or the Guaranteed Issue Amount shown in the Benefit Highlights, whichever is greater.

Partial Disability or Partially Disabled means because of your Injury or sickness, you are unable to perform all of the materials and substantial duties of your own occupation on a full-time basis, but you are:

The loss of your professional or occupational license or your inability to obtain or qualify for a license for any reason does not, in itself, constitute Partial Disability.

 

To qualify for benefits, you must satisfy your Elimination Period with the required number of days of Total Disability, Partial Disability or a combination of Total or Partial days of Disability.

 

Retirement Plan means a program which provides retirement benefits to you and is not funded wholly by your contributions. The term does not include a 401(k) plan, a profit sharing plan, a thrift plan, an individual retirement account (IRA), a tax-sheltered annuity (TSA), a stock ownership plan, or a nonqualified plan of deferred compensation.

Your Employer’s Retirement Plan includes any Retirement Plan which:

·         is part of any federal, state, county, municipal or association retirement system; and

Disability Benefit when used with the term Retirement Plan, means a benefit which;

·         is payable under a Retirement Plan due to a disability as defined in that Plan; and

 

Social Security means the Federal Social Security Act which provides social insurance on a national scale.

 

Total Disability or Totally Disabled means during your Elimination Period and the next 24 months of your Total Disability, you, because of your Injury or Sickness, are unable to perform all of the material and substantial duties of your own occupation. After benefits have been paid to you for 24 months you will continue to be considered Totally Disabled if you are unable to perform all of the material and substantial duties of any occupation for which you are or become reasonably qualified for by education, training or experience.

The loss of your professional or occupational license or your inability to obtain or qualify for a license for any reason does not, in itself, constitute Total Disability.

To qualify for benefits, you must satisfy your Elimination Period with the required number of days of Total Disability, Partial Disability or a combination of Total or Partial days of Disability.

 

Mountain Adventures Employee Benefit Plan (The Plan) has been established to provide welfare benefits for its employees.

The Employee Retirement Income Security Act of 1974 (ERISA) requires that the Plan Administrator provide you with a Summary Plan Description which discloses required information about the employee benefit plan. The following section entitled "Summary Plan Description" is not part of the Group Insurance Policy. The Information in the Summary Plan Description is provided by the Policyholder and is included in this Booklet/Certificate for your convenience for the accuracy or sufficiency of the information in the Summary Plan Description.

 

SUMMARY PLAN DESCRIPTION

Plan Sponsor:      Mountain Adventures

                                      P.O. Box 123

                                      Coeur d’Alene, Idaho 83816

 

Plan Administrator:  Mountain Adventures

                                           P.O. Box I

                                           Coeur d’Alene, Idaho 83816

The Plan Administrator has authority to control and manage the operation and administration of the Plan.

 

Employer Identification Number (EIN): 12-3456789

Plan Number for Life Insurance: 101

Plan Number for Long Term Disability Insurance: 103

End of Plan Year: December 31st

Type of Administration: The Plan is administered by the Plan Administrator. The benefits provided by the Group Insurance Policy issued by Sun Life Assurance Company of Canada are included in the Plan.

Participants: The Insured employees described in the Sun Life Assurance Company of Canada Booklet/Certificate.

Plan Changes and Termination: The Plan Administrator may amend, modify or terminate the Plan.

Contributions: The cost of your benefits under the Plan is paid for by your employer and (if applicable) include the cost of any insurance premiums contributed by you.

Funding: Sun Life provides the Plan Administrator with certain insurance benefits in connection with the Plan. Those insurance benefits are described in your Booklet/Certificate.

Claim Procedure: When you or your beneficiary wish to file a claim under the Plan, you should contact your personnel office for claim forms and instructions for filing. Your Booklet/Certificate explains the procedure for filing a claim under the Group Insurance Policy.

If your claim for benefits is denied in whole or in part, you will receive a written notice within 90 days from the date you filed your claim, stating the reasons why your claim was denied. You will then have the right, upon written notice from you or your authorized representative, to review that claim denial. The claim denial notice will include the name and address of the person you may ask for such a review. Additional information about claims submitted and review procedures may be obtained by contacting your Plan Administrator.

ERISA Rights: As a participant in the plan, you are entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974 (ERISA). ERISA provides that all plan participants shall be entitled to:

Examine, without charge, at the Plan Administrator’s office, all Plan documents filed by the Plan with the U.S. Department of Labor, such as detailed annual reports and plan descriptions.

Obtain copies of all Plan documents and other information upon written request to the Plan Administrator. The Administrator is required under ERISA to furnish each participant with a copy of this summary annual report.

In addition to creating rights for Plan participants, ERISA imposes duties upon the people who are responsible for the operation of the Plan. The people who operate your plan, called "Fiduciaries" of the Plan, have a duty to act prudently, in your interest and that of the other Plan participants and Beneficiaries.

No one, including your employer, may terminate you or otherwise discriminate against you in any way to prevent you from obtaining a benefit or exercising your rights under ERISA. If your claim for a benefit is denied in whole or in part, you must receive a written explanation of the reason for the denial. You have the right to have the Plan Administrator review and reconsider your claim.

Under ERISA, there are steps you can take to enforce the above rights.

For instance, if you request materials from the Plan and do not receive them within 30 days, you may file suit in a federal court. In such a case, the court may require the Plan Administrator to provide the materials and pay you up to $110 a day until you receive the materials, unless the materials were not sent because of reasons beyond the control of the Plan Administrator.

If you have a claim for benefits which is denied or ignored, in whole or in part, you may file suit in a state or federal court. If it should happen that Plan Fiduciaries misuse the Plan’s money, or if you are discriminated against for asserting your rights, you may seek assistance of the U.S. Department of Labor, or you may file suit in a federal court. The court will decide who should pay court costs and legal fees. If you are successful the court may order the person you have sued to pay these costs and fees. If you lose, the court may order you to pay these costs and fees, for example, if it finds your claim is frivolous.

If you have questions about your Plan, you should contact the Plan Administrator. If you have any questions about your rights under ERISA, you should contact the nearest office of the Pension and Welfare Benefits Administration, U.S. Department of Labor, listed in your telephone directory of the Division of Technical Assistance and Inquiries, Pension and Welfare Benefits Administration, U. S. Department of Labor, 200 Constitution Avenue, N.W., Washington, DC 20210.


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