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HomeMy WebLinkAbout1994-009 Employee Benefits ORDINANCE NO. 94 - 9 AN ORDINANCE relating to employee benefits, adopting an Employees' Welfare Benefit Program; approving Participation Agreements with certain groups of employees represented by collective bargaining agents; adding a new section to chapter 2.04 of the Yakima Municipal Code amending section 2.20.094D and chapter 3.10 of the City of Yakima Municipal Code; repealing Chapter 3 09 of the Yakima Municipal Code, and providing for related matters WHEREAS, chapter 41.56 RCW authorizes and requires the City IIIP of Yakima ( "City ") to engage in collective bargaining with duly ' authorized representatives of employees with respect to benefits, WHEREAS, chapter 41.56 RCW authorizes the City to engage in interest arbitration with respect to benefits for such employees, WHEREAS, chapter 48.62 RCW authorizes the City to self - insure risks individually or jointly with other governmental agencies or subdivisions thereof and to engage in related activities, WHEREAS, the City deems it necessary and advisable to adopt an employee welfare benefit program in order to coordinate various employee benefit plans and to improve consistency among employee benefits; 1 WHEREAS, the City deems it necessary and advisable to enter into agreements with duly represented groups of employees to establish the terms for their participation in the employee welfare benefit program, WHEREAS, the City deems it necessary and advisable to allow inclusion of city council members in the employee welfare benefit program, WHEREAS, the City is a participant in the Yakima Air Terminal established pursuant to interlocal agreement, WHEREAS, the City deems it necessary and advisable to allow the Yakima Air Terminal to join in the City's self- insurance plan upon adoption by the Air Terminal Board of the City's employee welfare benefit program and plans thereunder, NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF YAKIMA Section 1 A new section 2 04.100 is hereby added to chapter 2 04 of the Yakima Municipal code to read as follows A The City of Yakima Employees' Welfare Benefit Program, attached as appendix 1 hereto and incorporated herein by reference, is adopted and approved. B. The City Manager, or his designee, shall be authorized and directed to perform all management, administration and other responsibilities of the City under the City of Yakima's Employees' Welfare Benefit Program, except as expressly provided by such Program or as required by law. C. The Participation Agreements between the City and the Washington State Council of County and Municipal Employees, Washington State Council of County and City 2 • Employees, AFSCME, Local 1122, AFL -CIO ( "AFSCME "); Yakima Pol ±ice' Patrolmans Association' ( "YP ?A" )°and Local 469, international Association of r'irefighters, AFL -CIO, attached hereto as appendices 2, .3, 4 and 5, respectively and incorporated herein by reference, are approved, and the City Manager is authorized and directed to execute said participation agreement D The Yakima Air Terminal may join the City's employee welfare benefit program and its management employees and duly represented employees may participate in plans thereunder by action of the Airport Terminal Board E. In the event that there is a conflict between any provision ot this section or any provision ot the Employee Weltare Benefit Program and any other section ot this chapter, this section and the Employee Weltare Benefit Program shall take precedence Section 4 Section 2.20.94D of the Yakima Municipal Code is amended to read as follows D Fringe Benefits. Commencing January 1, 1992, members of the city council, including the mayor and assistant mayor, shall receive no compensation for serving as mayor, assistant mayor, or councilmember other than the salary provided by subsections A, B and C of this section, and the following additional benefits, which are authorized 1. Reimbursement for expenditures as provided by Section 2 20.086 of this chapter; 2. Protection of a five thousand dollar life insurance policy, with the premium fully paid by the city, 3 Protection of Workmen's Compensation Insurance coverage under the State Industrial Insurance system; 4. Protection by a policy of insurance known variously as professional liability insurance or errors and omission insurance, covering councilmembers acting in their official capacity, with coverage in the same amount as obtained from time to time for the protection of other city officers and employees, with the premium fully paid by the city; 5. Payment by the city of its portion of Social Security payroll tax on earnings of councilmembers; and 1111 3 any other benefits expressly required by applicable laws,- — 6 Participation in the city employee welfare benefit program established by section 2 U4 100 of this cnapter, provided that an election and payment are made as provided in section 2.04.030 D.4 of this chapter Section 3 Chapter 3.09 of the Yakima Municipal Code is hereby repealed Section 4 Chapter 3 10 of the Yakima Municipal Code is amended to read as follows. 3 10 010 Fund created -- Purpose. There is created a fund to be known as the employee welfarehcalth benefit reserve fund The purpose of such fund shall be for the payment oftransfcr of moncy from that fund to the employee welfarehcalth benefit claims fund in order to pay for medical, and dental and other covered costs incurred by persons covered by ante employee welfarehcalth benefit — plan of the city, aTIU to pay expenses incurred in connection with administering the city's employee welfare benefit program and employee welfare benefit plans . (Ord. 2311 § 2 (part), 19/9) 3 10 020 Source of Funds All money to bc refunded to he city by the Great West Life As3urancc Company on account of tho termination of incurancc policies cxicting on tho effective date of thc ordinance codified in thin chapter with that company shall bc deposited in thc cmploycc hcalth bcncfit reserve fund. A$ All money to be applied to pay for the benefits to employees covered by a citythe employee welfarehcalth benefit plan, and to otherwise finance the administration of sucht plans and of the city's employee welfare benefit program, whether that money be paid directly by the city or deducted from employees' 4 4111 salaries or wages, shall be deposited in the employee welfareh benefit reserve fund. 36. Money designated by the city council from any other available source for the purpose of paying for benefits under, or financing the administration of, an -e employee welfarehcalth benefit plan also shall be deposited in the employee welfarehcalth benefit reserve fund. (Ord. 2311 S 2 (part) , 19 !9) . 3.10.030 Expenditures. epprove3 Such cxpcndittirc by cnacting an ordinance appropriating money within that -Poei for thc purpooc for which thc expenditure i3-to be made, or by budget, 441-4.- 2311 5 2 (part), 1979). 4111 Expenditures may be made from the employee welfare b enefit reserve fund by warrants drawn against such fund only for the purposes specified in Section 3.1U.U1U or this chapter. Section 5. If any provision of this ordinance is declared by a court of competent jurisdiction to be void or unenforceable, then the remaining provisions shall remain enforceable. Section 6. This ordinance shall be effective thirty (30) days after its passage, approval and publication as provided by law and the City Charter. • 5 PASSED BY THE CITY COUNCIL, signed and approved this 22 " d day of February , 1994 CITY OF YAKIMA, WASHINGTON B y (T; Mayor ATTEST City Clerk Publication Date 2 -25 -94 Effective Date 3 -27 -94 Erot t DOC ED 2J17/94 2 41 PM 6 • APPENDIX I CITY OF YAKIMA EMPLOYEES' WELFARE BENEFIT PROGRAM TABLE OF CONTENTS Page Article I Purpose and Term 1 Purpose 4 2 Term of Program 4 Article II Definitions Article III The Board 1 The Program 8 2 Number of Board Members 8 3 Identity of Present Board 9 4 Appointment of Additional or Successor Board Members 10 5 Board Member Liability 10 6 Term of Appointment 10 7 Termination of Appointment by Employee Group 11 8 Recommendation for Termination of Appointment for Failure to Attend Meetings 11 9 Resignation of Appointment 11 10 Vacancies 12 11 Return of Books and Records 12 12 Manner of Voting 12 13 Super Majority Vote 12 14 Constitution of a Quorum 13 15 Motions i 13 16 Regular Meetings 13 17 Special Meetings 13 18 Appointment of Chairman and Vice - Chairman 14 19 Duties of Chairman and Vice - Chairman 14 20 Board Expenses 14 21 Benefits to Board Members Not Prohibited 14 Article IV Allocation or Delegation of Board Responsibilities 1 Allocation of Responsibilities to Committees 15 Article V Board Responsibilities 1 General Responsibilities 15 2 Existing and Future Benefit Plans 16 -1- E O1o.DOC 94/02/17 • Page 3 Additional Benefit Plans 16 4 Design of the Benefit Plans 16 5 Means of Providing Benefits 17 6 Administrative Agent 17 7 Other Professional and Nonprofessional Help 17 8 Benefit Fund Amounts 18 9 Records 18 10 Procedure for Review of Benefit Claims 18 Article VI City Responsibilities 1 Program Administration 18 2 Contributions and Paid Benefits 19 3 Application of Benefit Fund Assets 19 4 Agents for Service of Process 20 5 Investment 20 6 Annual Audit 20 7 Program Description 21 • 8 Documents to be Examined or Furnished 21 9 All Records 21 Article VII Dispute Resolution Process 1 The Process 22 Article VIII Amendments and Termination 1 Amendments 23 2 Termination of Entire Agreement 23 3 Allocation Upon Termination 24 4 Withdrawal of a Participating Employee Group 24 5 Benefit Fund Reserves - Participating Employee Group Withdrawal 25 Article IX Enrollment into the Health Benefit Program 1 Initial Enrollment, Existing Employee Groups 25 2 Enrollment of Future Employee Groups 26 3 Enrollment of Withdrawn and Nonenrolled Employee Groups 26 • Article X Severability -11- E O1 O DOC eamzm CITY OF YAKIMA EMPLOYEES' WELFARE BENEFIT PROGRAM INTRODUCTION For years the City of Yakima has discussed the idea of the consolidation of all employee groups health and dental insurance plans into a smaller, more manageable number of plans and provide employees a larger group base to pool health and welfare benefit costs As medical costs continued to spiral upwards, it was recognized that employees needed to be educated and better informed regarding the use and costs of health insurance The continued nse in health care costs 411 led to protracted contract negotiations between the City and the Amencan Federation of State, County and Municipal Employees ( "AFSCME") bargaining unit including discussions regarding their leaving the City's self - insured program With the settlement of the 1989 -1991 AFSCME collective bargaining agreement, the first employee /employer point health insurance committee was formed, the AFSCME Joint Committee on Health Insurance (the "Committee ") The Committee was comprised of four AFSCME members and four City representatives The purpose of the committee was "to study and become informed regarding health insurance programs including the City's modified self - funded program, to identify perceived and real problems, and make recommendations to the City and the Union on ways to improve and enhance in an economical fashion the health insurance program." Further, the Committee was to explore the concept of a trust fund specifically for AFSCME employees and establishing a completely separate health insurance program for AFSCME employees • The AFSCME Joint Committee on Health Insurance began meeting late 1990 and met on a weekly basis carefully scrutinizing the benefits contained within City's Health Benefit Program, how the program is administered, how premium rates are established, trust insurance programs of other employers and studying health insurance as a whole Dunng the course of the committee's study, the topic of consolidating the seven divisions within the City's self - insured program was discussed at length Through these discussions it became apparent to members of the Committee that it would be advantageous to Employees and the City to consolidate plans into one self - insured program Durin: the same time that the AFSCME Joint Committee on Health Insurance was meeting. the City and the Fire Law Enforcement Officer and Fire Fighter ( "LEOFF ") bargaining unit was embroiled in lengthy contract negotiations covering several years, the dispute centered • on multiple topics one of which was health insurance and the LEOFF's ability to leave the City's self - insured health program Settlement was reached in 1992 and the parties agreed to establish a Fire Health Insurance Comnttee to study the current program as well as alternative programs The Committee was comprised of Fire LEOFF and Fire Public Employees Retirement System ( "PERS ") representatives and the City Management representatives The City and AFSCME Joint Health Insurance Committee suggested that it would be beneficial to all parties if the Fire Health Committee could take advantage of what had been learned by the AFSCME Committee either by inviting some of the AFSCME members to participate in the meetings or possibly to link the two committees together In light of the AFSCME discussion on consolidating the health care plans, it was suggested that the two Committees join forces to study health insurance as well as consolidation of the plans. At the same time an invitation was extended to the Yakima Police Patrolman's Association to join the Committee and in late 1992 the City -wide point health care committee began. 0 -2- DL015.DOC DRAFT of 94/02/17 On January 12, 1993 the AFSCME Joint Health Insurance Committee met with the City 411 Council and explained the history of the Committee, its accomplishments and the future of the City's self - insured health care plan. Considerable time was spent discussing the consolidation of all employee groups and the concept was supported by the Council On February 24, 1993 the City -wide Health Insurance Committee met with Executive Board representative of all organized employee groups, AFSCME, Yakima Police Patrolmans Association ( "YPPA "), Fire LEOFF and Fire PERS plus representatives of the management group including Police, Fire and General Management, Supervisors and Confidential employees The history of the AFSCME Committee was shared and how it evolved into a City -wide Committee plus the accomplishments of the Committee up to February 1993 The need for consolidating all groups was explained and the administrative steps to accomplish that end was outlined 411 The City -wide Employees' Health & Welfare Committee has, dunng 1993, drafted a Program establishing a Board to assist in the management of the City's Employees' Health & Welfare program Representatives from all recognized employee groups within the City of Yakima are included The Committee has prepared recommendations for benefits contained within the Health & Welfare Plan and along with this document are ready to share the new program with City employees The Yakima Air Terminal is Jointly operated by the City and Yakima County Air Terminal employees currently participate in medical plans sponsored by the City The City desires to permit the Yakima Air Terminal Board to adopt the Program and Plans so that its employees may participate in the Plans Neither the Yakima Air Terminal nor Yakima County will have any control over the Program or Plans 0 -3- DL015.DOC DRAFT of 84/02/17 • THEREFORE, effective April 1, 1994, the City hereby adopts the following Employees' Welfare Benefit Program ( "Program ") to establish and maintain Employee Welfare Benefit Plans for the benefit of eligible employees and retirees of the City and of the Yakima Air Terminal, and the Beneficiaries of all such employees and retirees Article I Purpose and Term 1 Purpose The purpose of the Employees' Welfare Benefit Program is to provide procedures for establishing and maintaining Employee welfare benefits for the City's and the Air Terminal's 0 eligible employees and retirees and their beneficianes The Program itself is not an Employee Welfare Benefit Plan The Program sets forth the rules for establishing and adnumstenng some of the City's Welfare Benefit Plans In order for represented Employee Groups to participate in the Plans administered through the Program, the groups' collective bargaining agents must enter into Participation Agreements with the City agreeing to amend any underlying collective bargaining agreements so as to participate in the Plans established and maintained through the Program. The Program shall be administered and managed by the City However, the Board established by this Program and comprised of employee representatives shall have the nght, as set forth herein, to make recommendations to the City regarding the management of the Program. 2 Term of Program • The Program shall be effective as of Apnl 1, 1994, and shall continue indefinitely until such time as it may be terminated in accordance with Article VIII herein. -4- DL015:DOC DRAFT of 94/02/17 Article 11 Definitions The following definitions apply to this Program 1 "Air Terminal" -- the entity jointly operated by the City and Yakima County pursuant to the Joint Air Terminal Operations Agreement between the City and Yakima County dated June 30, 1982, as amended ( "Airport Agreement ") Neither the Air Terminal Board (as defined in the Airport Agreement) nor Yakima County shall participate in or have any authonty with respect to the establishment, amendment or administration of the Program or Plans 2 "Beneficiary" -- any dependent of a Participating Employee, who is entitled to benefits as defined in a benefit plan, also, any person designated by a Participating Employee or dependent, or by the terms of a benefit plan, to receive benefits upon the death of such Participating Employee or dependent. 3 "Benefits" or "Plan Benefits" or "Employee Welfare Benefits" -- the benefits provided by a Plan 4 "Benefit Fund" -- formerly called the Employees' Health Benefit Reserve Fund, now called the Employees' Welfare Benefit Reserve Fund, a separate account of the City designated by Chapter 3 10 of the Yakima Municipal Code as a source of funding for the Program's Plan benefits The Benefit Fund is not a trust 5 "Board" -- the body created under Article III of this Program representing Participating Employee Groups -5- DL015.DOC DRAFT of 64/02/17 • 6 "City" -- the City of Yakima, a municipal corporation under the laws of the State of Washington The City is the Plan Administrator, the entity responsible for managing and administering the Program and the Plans under the Program As Plan Administrator, the City is responsible for the day to day functions and management of the Plans The City may employ persons or firms to process claims and perform other Plan connected services 7 "Contributions" -- the payments of premiums required of the City or of the Air Terminal for their respective employees. or premiums by Participating Employees paid through payroll or pension deductions or otherwise, pursuant to the terms of a collective bargaining agreement, Participation Agreement, ordinance or resolution, for the purpose of providing Employee Welfare Benefits to the employees and retirees covered by any such agreement, • ordinance or resolution and their Beneficianes The Participating Employee's portion of premiums for Welfare Benefit Plan coverage may be paid through a cafetena plan pursuant to Section 125 of the Internal Revenue Code of 1986, as amended The Board may recommend to the City which plans should be part of the cafeteria plan 8 "Employee Group" -- a group of employees of the City or Air Terminal represented by a collective bargaining representative or that group of City or Air Terminal Management employees not covered by any collective bargaining agreement with the City or Air Terminal 9 "Participating Employee" -- any individual employed by the City or the Air Terminal and for whom contributions are made to the Plans pursuant to the terms of a City ordinance or resolution, Air Terminal Board resolution, collective bargaining agreement or 0 Participation Agreement and any eligible retirees. -6- DL015.DOC DRAFT of 94/02/17 10 "Participating Employee Grou " -- any represented or nonrepresented group of III 1 P g P Y P P g P Participating Employees of the City or of the Air Terminal including employees represented by AFSCME 1122, IAFF 469, YPPA, and non - represented City Management employees This is not an exclusive list and may be modified in the future as new employee groups are recognized by the City and elect to participate in the Program. For purposes of this Program and the Plans, members of the City's City Council and nonrepresented employees of the City and of the Air Terminal shall be treated as City Management employees 11 "Participation Agreement" -- a written agreement entered into between the City and the union representing a Participating Employee Group, and any supplement, amendment, continuation, or renewal thereof, for the purpose of amending any underlying collective bargaining agreement to provide employee Benefits under the Program to the eligible employees and retirees covered by the collective bargaining agreement, and their beneficianes 0 12 "Plan" -- or "Employee Welfare Benefit Plan" or "Benefit Plan" -- any lawful employee welfare benefit plan including but not limited to medical, dental, vision, prescnption drug, life insurance, disability income (salary insurance), preventative health care, and cafeteria plans For each type of welfare benefit plan under the Program, there is a separate benefit plan for each Participating Employee Group (or subgroup thereof) which receives different benefits under the Plan or has different Contribution rates Separate plans are established for each Participating Employee Group (or subgroup thereof) with different plan benefits or Contribution rates pursuant to Sections 105(h)(2) and (4) of the Internal Revenue Code of 1986 The initial Plans under the Program shall be substantially in the form attached hereto as Exhibit A, and may be amended from time to time 41/ -7- - DL015.DOC DRAFT of 94102/17 III 13 "Plan Sup•. rvisor" -- the person or group providing administrative services to the City in connection with the operation of the Plan and performing such other functions, including processing and payment of claims, as may be delegated to it by the City 14 "Program" -- City of Yakima Employees' Welfare Benefit Program Article ID The Board 1 The Program The Program shall be subject to ongoing review by the Board The Board may make 4110 recommendations regarding Program and Plan management to the City 2 Number of Board Members The Board may consist of both voting and nonvoting members ( "Board Members ") Each Board Member must be a City employee Upon termination of employment, the Board Member shall be replaced (See Section 4 in this Article) Initially there shall be ten (10) voting Board Members. Each represented Participating Employee Group shall appoint or elect its representatives (if any) to the Board. The City Management employees shall be represented by the City's Director of Finance and Budget and the City's Deputy Personnel Officer or their designees. The initial number of voting Board Members will be four AFSCME, two YPPA, two IAFF, and two members representing City Management employees -8- DL015.DOC DRAFT of 94/02/17 The number of Board Members representing each Participating Employee Group shall 0 remain as set forth above in this Section 2 until the Board agrees to change the number of Board Members for each group The Board shall meet annually to reassess whether the number of Board Members which represent each Participating Employee Group should be changed If a new Employee Group is recognized by the City, the Board shall meet within 30 calendar days of recognition to determine the group's representation on the Board, if any, including the number of voting or non - voting Board Members that will represent the group and, if voting representations is allowed, whether the group will be allowed to elect or adopt its own Board Member(s) or will be represented by current Board Members 3 Identity of Present Board The voting Board Members serving as of April 1, 1994 are as follows III AFSCME 1 Mel Young 2 Clara Sanders 3 Jared Sweesy 4 Bob Desgrosellier YPPA. 1 To Be Determined 2 _To Be Determined IAFF 1 _To Be Determined 2 _To Be Determined City Mgt 1 Director of Finance and Budget or designee 2 Deputy Personnel Officer or designee 0 -9- DL015.DOC DRAFT of 94102/17 III 4 Appointment of A iitional or Successor Board Members In the event of the termination of appointment, resignation, termination of employment or death of a Board Member, a successor Board Member shall be appointed or elected by the represented Participating Employee Group In the event of the termination of employment or death of the City's Director of Finance and Budget or Deputy Personnel Officer, his or her successor or designee shall assume the vacated Board position Such appointment shall be effective as of the date specified in a written notice of the appointment or the date of delivery of 0 the written notice to the Board Chairman, whichever is later 5 Board Member Liability Each Board Member who has accepted his /her appointment and agrees to abide by the terms and provisions of this Program is carrying out his or her duties as a City employee and, as such, will be covered by the City's indemnification provisions as set forth in City Council Resolution No D 5820 The City may in its discretion provide errors and omissions or personal liability coverage for Board Members by purchasing insurance 6 Term of Appointment Each Board Member shall serve until termination of appointment, resignation, termination of employment or death. III - 10- DL015.DOC DRAFT of 94/12/17 7 Termination of Appointment by Employee Group 0 The appointment of a Board Member may be terminated, at any time, by a represented Participating Employee Group in accordance with its election or appointment procedures or by the City for non - represented City Management Board Members The termination of a Board Member's appointment shall be effective upon the termination date specified in a wntten notice of termination or the date of delivery of the notice of termination to the Board Chairman, whichever is later 8 Recommendation for Termination of Appointment for Failure to Attend Meetings 0 The Board may recommend that the appointment of a Board Member be terminated if such Board Member fails to attend three (3) consecutive meetings of the Board, without being excused from attendance by specific action of the remaining Board Members The notification is to be forwarded to the appropriate Participating Employee Group and the City 9 Resignation of Appointment A Board Member may resign his/her appointment at any time Such resignation shall be effective upon the resignation date specified in a written notice of resignation or the date of delivery of the notice of termination to the Board Chairman, whichever is later 0 -1 1 - DL015.DOC DRAFT of 84!02117 • 10 Vacancies No vacancy in the position of Board Member shall impair the power of the remaining Board Members to take action so long as a quorum exists as specified 1 1 Return of Books and Records In the event of the termination of appointment, resignation, termination of employment or death of a Board Member, the Board Member (or the Board Member's legal guardian, heirs or personal representative) shall, upon the request of the Chairman or the Secretary of the Board return to the Chairman or Secretary any and all records, books, documents, and other property regarding the Program in the possession of the Board Member • 12 Manner of Voting Any action to be taken by the Board at a meeting shall be determined by a majonty vote of voting Board Members in attendance at the meeting except for actions requiring a super majonty vote 13 Super Majority Vote For purposes of this Program, a super majonty vote requires the affirmative vote of a majonty of all of the voting Board Members then serving as described in Article III, Section 2 plus one voting Board Member Proxy voting will not be permitted for actions requiring a super majonty vote • -12- DL015 DOC DRAFT of 84/07/17 l4 Constitution of a Quorum To constitute a valid regular or special meeting of the Board, a quorum must be present. A quorum shall consist of a simple majonty plus one of the voting Board Members then serving as specified in Article III, Section 2 15 Motions Any Board Member, including the Board Chairman, may offer or second any motion or resolution presented for the Board's consideration 16 Regular Meetings • The Board Members shall hold penodic meetings consistent with the needs of the Program. provided that there shall be at least one (1) regular meeting held dunng each quarter of the calendar year The Board Members shall determine the time and place of all regular meetings. 17 Special Meetings Either the Chairman or any two (2) Board Members may call a special meeting of the Board by giving wntten notice to all the other Board Members of the time and place of the meeting at least two (2) calendar days before the date set for the meeting, provided that two (2) calendar days advance notice shall not be necessary if all the Board Members are agreeable to an earlier meeting. 411 -13- DL015.DOC DRAFT of 94/02/17 0 18 Appointment of Chairman and Vice- Chairman The Board shall appoint the Chair of the Board by simple majority vote of the voting Board Members in attendance at the first Board meeting held each calendar year Similarly, the Vice -Chair shall be elected by the Board and shall serve as Secretary of the Board 19 Duties of Chairman and Vice - Chairman The Chairman shall chair the meetings of the Board, shall appoint all committees, and shall carry out such other duties as the Board may assign The Vice - Chair, in the absence of the r!hairman, shall act in the place of the Chairman and • perform the Chairman's duties The Vice -Chair shall also advise the Board as to all correspondence pertaining to the Program and shall keep minutes or records of all meetings, proceedings, and actions of the Board 20 Board Expenses Each Board Member shall be reimbursed out of the Benefit Fund for all expenses properly and actually incurred by such Board member in the management of the Program. 21 Benefits to Board Members Not Prohibited Nothing in this Program shall prohibit a Board Member from receiving any benefits under the terms of a Benefit Plan. 1111 , -14- 0L015.DOC DRAFT of 94/02/17 Article IV 0 Allocation or Delegation of Board Responsibilities 1 Allocation of Responsibilities to Committees The Board may establish one or more committees of the Board and assign to such committee(s) all or part of the Board's responsibilities, except actions that require a super majority vote In the event the Board wishes to create a committee, it shall do so by the adoption of a motion or resolution calling for the appointment of a committee and specifying the particular responsibility that is being assigned With respect to the responsibility that is allocated, the committee shall have all the powers of the full Board 0 Article V Board Responsibilities 1 General Responsibilities As described in this Program document, the Board shall make recommendations to the City regarding management of the Plans under the Program. The Board may suggest and recommend arrangements with other welfare providers to participate in their Plans as is further described in Section 5 of this Article I' -15- DL015.DOC DRAFT of 94/07/17 • 2 Existing and Future Benefit Plans The types of Plans that are or may be made available through the Program are medical, dental, vision, prescription drug, life insurance, disability income (salary insurance), preventative health care plans, a cafeteria plan, or other Plans that may be recommended in the future The Board may make recommendations to the City regarding amendments to existing Plans, or any Plans hereafter adopted, including amendments that expand, restnct, or terminate all or part of the rules relating to eligibility for benefits, or to the amount and nature of such benefits, as is further described in Section 4 of this Article Amendments may be made on a prospective or retroactive basis, provided, however, that any such amendments must comply with applicable law In making recommendations to the City, the Board may consider prevailing benefits practices and industry standards The Board may consider the history of claims approvals and denials under the Plans in • recommending amendments to Plans 3 Additional Benefit Plans The Board may recommend to the City the creation of additional Employee Welfare Benefit Plans Each represented Participating Employee Group may enroll in any such additional Benefit Plan by executing a Participation Agreement for any such Benefit Plan. The City may enroll non - represented Management employees by resolution or ordinance 4 Design of the Benefit Plans The Board may recommend to the City the design of the Plans in accordance with applicable law, including the determination of the rules under which Participating Employees shall be eligible for benefits and the nature and amount of such benefits. The Board may recommend • whether benefits shall be extended to beneficiaries of Participating Employees and, if so, to -16- DL015.DOC DRAFT of 84/02/17 determine which class or classes of beneficianes shall be eligible for benefits, the eligibility rules 411 which will apply to such class or classes of beneficiaries, and the nature and amount of such benefits If there are different contribution rates, the Board may recommend the establishment of different eligibility rules for the Participating Employees and their beneficiaries who are affected thereby 5 Means of Providing Benefits The Board may recommend to the City whether the benefits, in whole or in part, should be directly paid from the Benefit Fund or whether the City should contract with an insurance camer, service organization. health maintenance organization, or other entity, to underwrite part or all of such benefits 6 Administrative Agent The Board may recommend to the City whether to retain, at the expense of the Benefit Fund, one or more administrative agents to assist in the day -to -day administration of the Program. 7 Other Professional and Nonprofessional Help The Board may recommend to the City that it retain, at the expense of the Benefit Fund, outside consultants including without limitation one or more accountants, actuanes, attorneys, employee benefit plan consultants, third party claims administrators, auditors, and other professional or nonprofessional help, as the Board may deem necessary in the administration of the Program and the Benefit Plans. -17- DL015.DOC DRAFT of 04!02/17 • The Board may periodically review and make recommendations to the City regarding the performance of such outside consultants 8 Benefit Fund Amounts The Board may recommend to the City the amount to be kept in the Benefit Fund as reserves for future contingencies or liabilities under the Program's Plans as it may deem necessary, provided, however, that the Board may not recommend a Benefit Fund amount that falls below or exceeds prevailing industry standards Any recommendations on Benefit Fund levels shall be forwarded to the City by July 1 for the next calendar year 9 Records 0 The Board shall maintain the records of its actions and any correspondence it sends or receives 10 Procedure for Review of Benefit Claims All benefit claims are adjudicated and reviewed by the Plan Supervisor The Board may review benefit claims and make recommendations to the City regarding amendments to the Plans Article VI City Responsibilities 1 Program Administration The City shall manage and admnuster the Program and design, adopt, amend and • administer the Plans under the Program in accordance with all applicable federal, state and local -18- DL015.DOC DRAFT of 94/02/17 a laws The City may, at the expense of the Benefit Fund, contract a t with agents to assist in the Program's Plan administration, program audit, claims adjudication and payments 2 Contributions and Paid Benefits The basis on which Contributions of the City and Contributions of Participating Employees (if any) are made shall be as specified in the underlying collective bargaining agreement, Participation Agreement, ordinance or resolution covenng the Participating Employee The basis on which benefits are paid under the Program's Plans, including without limitation, deductibles, co- insurance, copayments and maximum benefit limits, shall be as specified in the Employee Welfare Benefit Plans 3 Application of Benefit Fund Assets 411 The assets of the Benefit Fund shall be held for the exclusive purposes of providing welfare benefits to Participating Employees and their beneficianes and defraying reasonable expenses of administering and managing the Program. The City may pay Program benefits with funds other than the Benefit Fund In addition to the payment of Plan benefits, the City may pay from the Benefit Fund expenses directly or indirectly related to the Program or Plans. Expenses may also be paid out of the Benefit Fund which are not related to the Program or Plans as long as the amounts paid come from funds which were separately contributed to the Benefit Fund for that purpose, and not from funds contributed for Plan benefits. Examples of expenses which are directly or indirectly related to the Program or Plans include such things as plan summanes, claims audits, salanes and expenses for support personnel and other City overhead expenses related to the Program or Plans The expenses, upon recommendation of the Board, may be included as Plan benefit costs Examples of expenses that may be paid out of the Benefit Fund and that are -19- DL015.DOC DRAFT of 94/02/17 0 not related to the Program or Plans include such things as the City's wellness program and its employee assistance program 4 Agents for Service of Process The City shall be the agent of the Program for the sole purpose of accepting service of legal process, provided that the City may designate its administrative agent or another person as agent of the Program for this purpose 5 Ins estment The City may invest all or any portion of the Contributions to the Benefit Fund or other 0 moneys in the Benefit Fund not required for the payment of current Plan benefits or Program expenses The City may invest said funds as allowed for any municipal investments Any investments of and returns on Benefit Fund monies not invested specifically in the name of the Benefit Fund, including City General Investments (Treasurer's Cash Investment), shall accrue to the Benefit Fund Investments of the Benefit Fund may also include City interfund loans Said loans will be repaid at the current market interest rates for term and amount as determined by the City's Office of Finance and Budget 6 Annual Audit The Benefit Fund may be audited as a part of the City's annual audit. Additionally, the City will engage an independent qualified professional and, at the expense of the Benefit Fund, shall authorize the professional to conduct an examination of the Program at a minimum of once 0 every three years A statement of the results of each examination shall be submitted to the City and Board for their review -20- DL015.DOC DRAFT of 84/02/17 7 Program Description The City shall prepare a summary plan description for each Welfare Benefit Plan provided under the Program for the Board's review and shall furnish copies of such summary plan descriptions and any material modifications or changes thereto to the Participating Employees covered by such Plans 8 Documents to be Examined or Furnished The City shall make copies of (a) this Program document, (b) the latest updated plan descriptions of the Plans, and (c) any other contracts or instruments under which a Benefit Plan is established or operated available for examination by Participating Employees or their Beneficiaries in the City of Yakima Human Resources office or Administrator's office 9 All Records All records pertaining to Program or Plan administration required by law or set forth in this document shall be maintained by the City -21- DL015.DOC DRAFT of 94/02/17 III Article VII Dispute Resolution Process 1 The Process In the event the City is not in agreement with the Board's Program recommendations, the dispute resolution process may be invoked The dispute resolution process shall be as follows a If the City disagrees with a recommendation of the Board, the City Manager or designee shall meet with the Board within 15 calendar days of the Board's recommendation to discuss reasons for the disagreement 111 b If the disagreement over a recommendation cont :nues to exist, then upon, and within 15 calendar days of, a super majonty vote of the Board, a dispute resolution panel shall be appointed The panel shall consist of three members who are neutral and independent from the City and the Participating Employee Groups The panelists shall include one member appointed by the Board, one member appointed by the City, and one member appointed by the first two panelists Unless the City and Board agree otherwise, the panelists shall have at least five years experience in one of the following fields medicine, insurance, or employee welfare benefits consulting or administration c The panel shall meet within 15 calendar days of its formation to conduct a hearing The heanng shall be conducted under the rules and regulations of the Amencan Arbitration Association. The submission of a dispute to the panel will be based on an agreed wntten submission of the Board and the City The power and authonty of the panel is limited by applicable law The panel may consider the prevailing industry standards. The panel shall issue a • wntten decision within 30 calendar days of the conclusion of the hearing. The decision of the _22_ DL015.DOC DRAFT of 84102/17 0 panel shall be final and binding on all parties The costs of arbitration shall be paid out of the Benefit Fund If the parties resolve their dispute at any time prior to issuance of a decision by the panel, the dispute resolution process may be terminated Any time period or deadline set forth in this Article VII may be extended as mutually agreed by the City and Board. Article VIII Amendments and Termination 1 Amendments This Program document may be amended at any time by agreement of the City and Board 0 Amendments must be approved by resolution of the City Council and by the super majority vote of the voting Board Members. Changes to the Plans and Exhibit A hereto shall not be considered amendments to the Program document, and do not require City Council approval. 2 Termination of Entire Agreement If timely notice of termination is not provided, the Program will continue from calendar year to calendar year This Program may be terminated at any time upon notice of intent to terminate either by the City or by the Board Chairman and the City Manager, provided that notice of termination is delivered to the Board Chairman and the City Manager by April 1 of the year preceding termination. A decision by the Board to terminate the Program must be approved by a super majority vote. A decision by the City to terminate the Program must be approved by the City Council, The Program may be terminated without notice by agreement of the City and Board by resolution of the City Council and a super majority vote of the Board, or if required by law 11 -23- Mo CAM' of Merl IS • 3 Allocation Upon Termination Upon the termination of this Program, the City shall conclude the affairs of the Benefit Fund With respect to termination, any and all moneys and assets remaining in the Benefit Fund, after the payment of expenses, will be used for the continuance of the benefits provided by the then - existing Benefit Plans, or replacement Plans unless some other disposition is required by applicable law or is agreed to by the City and Board by resolution of the City Council and a super majority vote of the Board 4 Withdrawal of a Participating Employee Group • A Participating Employee Group may withdraw from the Program by giving wntten notice P g P of intent to withdraw to the Board Chairman The type and nature of Plan benefits, including without limitation, benefit and Contribution formulas and levels for any withdrawing Employee Group will remain unchanged from those available under the Program at the date of withdrawal until any underlying collective bargaining agreement expires and the parties negotiate a successor contract Until the collective bargaining agreement is amended to revise the Contribution formula, the Contribution amounts paid by the City on behalf of the eligible employees in a withdrawn Employee Group shall be determined under the formula set forth in the collective bargaining agreement with that Group, provided, however, that the maximum dollar amount the City must contribute for each eligible employee may not exceed the dollar amount the City was paying for each such employee under the Plans of the Program on the date of withdrawal. Any and all billings for medical, dental, vision or other covered benefits will be accepted for sixty (60) calendar days after the effective withdrawal date for services received pnor to the withdrawal • date -24- DL015.DOC DRAFT of 94/02/17 5 Benefit Fund Reserves - Participating Employee Group Withdrawal 0 All money and assets within the Benefit Fund classified as Reserves, or otherwise, will remain with the Benefit Fund upon withdrawal of a Participating Employee Group, except as stated in Article VIII, Section 4, "Withdrawal of a Participating Employee Group " Article IX Enrollment into the Health Benefit Program 1 Initial Enrollment, Existing Employee Groups All existing Employee Groups within the City shall have until June 1, 1994 to enroll in the Program, the Board and the City may agree to grant an additional forty -five (45) calendar days to III any group if deemed necessary Should an existing Employee Group elect not to enroll in the Program by June 1, 1994, the next opportunity for enrollment shall be April 1, 1999 and require approval by a super majonty vote of the Board (see Section 3 below) This Section applies to all Employee Groups that are in existence and recognized by the City prior *o April 1, 1994 10 -25- DL015.DOC DRAFT of 84!02/17 • 2 Enrollment of Future Employee Group. Any represented Employee Group recognized by the City after April 1, 1994 shall have sixty (60) calendar days after recognition by the City to enroll in the Program. Should any such Employee Group elect not to enroll in the Program within the sixty (60) calendar days allowed for enrollment, the next opportunity for enrollment shall be five (5) years from the date of recognition of the Employee Group and will require a super majority vote of the Board (see Section 3 below). 3 Enrollment of Withdrawn and Nonenrolled Employee Groups Any Employee Group which elects to withdraw from or not enroll in the Program shall io have the opportunity to enroll in the Program after the time periods specified in Sections 1 and 2 of this Article only if the enrollment is approved by a super majority vote of the Board (as defined in Article III, Section 13) Article X Severability The provisions of this Program document shall be deemed severable and the invalidity or unenforceability of any provision of this Program document shall not affect the validity and enforceability of any other provision hereof. If any provision of this Program document is unenforceable for any reason whatever, such provision shall be appropriately limited and given effect to the extent that it may be enforceable. •26- DLO1S DOC MART of OL 2A • 02'17 94 12 39 V206 623 7022 PTSG&E SEATTLE 43002 • APPENDIX 2 PARTICYPAT'ION AGREEMENT This Participation Agreement is made and entered into this day of February, 1994, by and between the City of Yakima, Washington (the "City") and Washington State Council of County and City Employees, AFSCME, Local 1122, AFL-CIO (the "Union ") on behalf of the bargaining unit identified in Article I of the 'Collective Bargaining Agreement Between City of Yakima, Washington and Washington State Council of County and City Employees, AFSCME, Local 1122, AFL -CIO, effective January 1, 1992 through December 31, 197-t," (the "1992 -1994 Agreement "), a copy of which Agreement is appended hereto and incorporated ht-,rein by this • reference as Attachment A.. WHEREAS, effective April 1, 1994, the City has established the City of Yakima Employees' Welfare Bereefit Program (the "Program "), a copy of which Program is appended hereto and incorporated herein by this reference as Exhibit B, and WHEREAS, the purpose of the Prograrn is to provide for and to consolidate the administration and management of the City's vanous health and welfare benefit plans under the Program to enhance efficiency, to realize cost savings, and to achieve consistency in benefits among the vanous welfare benefit plans available to employees; and WHEREAS, the parties agree that rt is in their best interest to reopen and to modify the 1992 -1994 Agreement and to reach a separate agreement governing the provision of certain health benefits for covered employees, retirees and their dependents; • 2117 12:20 PH AFSCME Puticipalim A�1' � 02/17/94 12 40 15 623 7022 PTSG&E SEATTLE ■ 003 NOW THEREFORE, the City and the Union agree that the 1992 -1994 Agreement is modified and a new and separate agreement for the provision of health benefits is made by and between the parties as follows Effective April 1, 1994, covered bargaining unit employees, retirees and their dependents will discontinue participation in any plan(s) providing medical, dental, prescription and/or vision benefits as set forth in Article XVIII of and Attachment A to, the 1992 -1994 Agreement and will join and participate in the 'City of Yakima Employees' Health & Welfare Benefit Plans ", appended hereto and incorporated herein by this reference as Exhibit C Eligibility rules, types and levels of benefits, payment of premiums through a cafeteria plan, copayment, coinsurance and deductibility requirements, and all other terms and conditions for the provision of these health benefits will be governed by the Program effective April 1, 1994, with the exception of the premium contribution levels of the City and covered employees, which level of contributions will remain as set forth in Article XVIII of the 1992 -1994 Agreement or in any successor agreement reached by the parties This agreement is effective April 1, 1994 and shall continue indefinitely or until the Union withdraws from the Program or the Program is terminated as specified in the Program, whichever occurs first Recommended by Clara Sanders, President Richard A. Zais, Jr AFSCME Local 11222 City Manager City of Yakima APSCMSE Pardcipa:ion Agr 2(11/4412.20 PM 02/17 94 12 40 12208 623 7022 PTSG&E SEATTLE £ 004 • Executed by the parties hereto this day of February, 1994 CITY OF YAKIMA By R.A. Zais, Jr City Manager ATTEST City Clerk THE WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES, LOCAL 1122, AFSCME, AFL -CIO By J: IcAm2573610.03n SA1 A2 '7i0iG • AFSCME Participation Aireea+eac 211794 1210 FM 02 17/94 12 44 V206 623 7022 PTSG&E SEATTLE 4011 • APPENDIX 3 PARTICIPATION AGREEMENT This Participation Agreement is made and entered into this day of February, 1994, by and between the City of Yakima, Washington (the "City ") and Yakima Police Patrolman Association (the "Union ") on behalf of the bargaining unit identified in Article l of the "Collective Bargaining Agreement By and Between City of Yakima and Yakima Police Patrolmans Association, Effective January 1, 1991 through December 31, 1993" (the "1991 -1993 Agreement "), a copy of which Agreement is appended hereto and incorporated herein by this reference as Attachment A. 1111 WHEREAS, effective April 1, 1994, the City has established the City of Yakima Employees' Welfare Benefit Program (the "Program "), a copy of which Program is appended hereto and incorporated herein by this reference as Exhibit B, and WHEREAS, the purpose of the Program is to provide for and consolidate the adrrunistration and management of the City's various health and welfare benefit plans under the Program to enhance efficiency, to realize cost savings, and to achieve consistency in benefits among the various welfare benefit plans available to employees, and WHEREAS, the parties acknowledge and agree that, although a successor agreement has not yet been reached on other terms and conditions of employment, it is in their best interest to reach an immediate and separate agreement governing the provision of certain health benefits for employees, retirees and their dependents covered by the 1991 -1993 Agreement; 0 2/17/941236 PM Patrolman Participation Agreement 02 17/94 12 45 V206 623 7022 PTSG&E SEAT11.t: NOW THEREFORE, the City and the Union agree as follows Effective April 1, 1994, covered bargaining unit employees, retirees and their dependents will discontinue participation in any plan(s) providing medical, dental, prescription and/or vision benefits as set forth in Article 20 of the 1991 -1993 Agreement and will join and participate in the "City of Yakima Employees' Health & Welfare Benefit Plans ", appended hereto and incorporated herein by this reference as Exhibit C Eligibility rules, types and levels of benefits, payment of premiums through a cafeteria plan, copayment, coinsurance and deductibility requirements, and all other terms and conditions for the provision of these health benefits will be governed by the Program effective April 1, 1994, with the exception of the premium contribution levels of the City and covered employees, which level of contributions will remain as set forth in Article 20 of the 1991 -1993 Agreement or in any successor agreement reached by the parties. This agreement is effective April 1, 1994 and continues in effect indefinitely or until the Union withdraws from the Program or the Program is terminated as specified in the Program, whichever occurs first. Recommended by Richard A. Zais, Jr Steve Finch, Chairman City Manager Yakima Police Patrolmn ger a City of Ya Association 2117194 12:36 PM Patrolman,' Patticipalice Agrecrnett 02/17 94 12 45 $206 623 7022 PTSG&E SEATTLE 1st 013 • Executed by the parties hereto this day of February, 1994 CITY OF YAKIMA By R A Zais, Jr City Manager ATTEST City Clerk YAKIMA POLICE PATROLMANS ASSOCIATION • By y -9C X1N1 3A1N0C -C • Putrolmans Participation Agrstment 2117/94 12.36 PM 0217 94 12 41 U206 623 7022 PTSG&E SEATTLE t® 005 APPENDIX 4 • PARTICIPATION AGREEMENT This Participation Agreement is made and entered into this day of February, 1994, by and between the City of Yakima, Washington (the "City ") and Local 469, International Association of Firefighters, AFL-CIO (the "Union ") on bP-hAtf of the bargaining unit identified in Article I of the "Collective Bargaining Agreement Covering PERS Fire Department Employees By and Between City of Yaima, Washington and Local 469, International Association of Firefighters, AFL -CIO, Effective January 1, 1993 until December 31, 1993" (the "1993 Agreement "), a copy of which Agreement is appended hereto and incorporated herein by this reference as Attachment A_ • WHEREAS, effective April 1, 1994, the City has established the Ciry of Yakima Employees' Welfare Benefit Program (the "Program"), a copy of which Program is appended hereto and incorporated herein by this reference as Exhibit B, and WHEREAS, the purpose of the Program is to provide for and consolidate the adrnuustration and management of the City's various health and welfare benefit plans under the Program to enhance efficiency, to realize cost savings, and to achieve consistency in benefits among the vanous welfare benefit plans available to employees; and WHEREAS, the parties acknowledge and agree that, although a successor agreement has not yet been reached on other terms and conditions of employment, it is in their best interest to reach an immediate and separate agreement governing the provision of certain health benefits for employees, retirees and their dependents covered by the 1993 Agreement LA.F.F (PERS) Participation Agr°®mt 2/17194 1223 PM 02 17, 94 12 41 TY 206 623 7022 PTSG&E SEATTLE 1m 006 III NOW THEREFORE, the City and the Union agree as follows. Effective April 1, 1994, covered bargaining unit employees, retirees and their dependents will discontinue participation in any plan(s) providing medical, dental, prescription and/or vision benefits as set forth in Article XIII of and Appendix B to, the 1993 Agreement and will join and participate in the "City of Yakima Employees' Health & Welfare Benefit Plans', appended hereto and incorporated herein by this reference as Exhibit C Eligibility rules, types and levels of benefits, payment of premiums through a cafeteria plan, copayment, coinsurance and deductibility requirements, and all other terms and conditions for the provision of these health benefits will be governed by the Program effective April 1, 1994, with the exception of the premium contribution levels of the City and covered employees, which level of contributions will remain as set forth in the 1993 Agreement or in any successor III agreement reached by the parties This agreement is effective April 1, 1994 and shall contuwe indefinitely or until the Uruon withdraws from the Program or the Program is terminated as specified in the Program, whichever occurs first. Recommended by Ron Johnson, President Richard k Zais, Jr_ Local 469, I.A.F.F City Manager City of Yakima 0 LA_F.F (PERS) Participation Agreement 2/17A4 1223 PM 02 12 42 '208 623 7022 PTSG&E SEATTLE 1®007 • Executed by the parties hereto this day of February, 1994 CITY OF YAKIMA By R.A Zais, Jr City Manager Al IEST • City Clerk LOCAL 469, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL -CIO By 1D AM:5 AD 00111 SA 1 N1 DOC • I. A.FF (PERS) Participation Agreement 2)17194 12.23 PM 02 17 94 12 43 17206 623 7022 PTSG&E SEATTLE Id 008 III APPENDIX 5 PARTICIPATION AGREEMENT This Participation Agreement is made and entered into this day of February, 1994, by and between the City of Yakima, Washington (the "City") and Local 469, International Association of Firefighters, AFL-CIO (the "Union ") on behalf of the bargaining unit identified in Article 1 of the "1992 -1994 Collective Bargaining Agreement By and Between The City of Yakima, Washington and Local 469, International Association of Firefighters, AFL -CIO` (the "1992 -1994 Agreement "), a copy of which Agreement is appended hereto and incorporated herein by this reference as Attachment A. • WHEREAS, effective April 1, 1994, the City has established the City of Yakuna Employees' Welfare Benefit Program (the "Program "), a copy of which Program is appended hereto and incorporated herein by this reference as Exhibit B, and WHEREAS, the purpose of the Program is to provide for and consolidate the admiiistration and management of the City's various health and welfare benefit plans under the Program to enhance efficiency, to realize cost savings, and to achieve consistency in benefits among the various welfare benefit plans available to employees; and WHEREAS, the parties agree that it is in their but interest to reopen and to modify the 1992 -1994 Agreement and to reach a separate agreement governing the provision of certain health benefits for covered employees, retirees and their dependents; III 2/17/941213 PM j./.F.F Pa¢tiopstion Agrsaneat 02 17 94 12 43 x'206 623 7 022 PTSG&E SEATTLE I® C09 NOW THEREFORE, the City and the Union agree that the1992 -1994 Agreement is modified and a new and separate agreement for the provision of health benefits is rnade by and between the parties as follows Effective April 1, 1994, covered bargaining unit employees, retirees and their dependents will discontinue participation in any plan(s) providing medical, dental, prescnption and/or vision benefits as set forth in Article 13 and Article 14 of the 1992- 1994 Agreement and will join and participate in the "City of Yakima Employees' Health & Welfare Benefit Plans ", appended hereto and incorporated herein by this reference as Exhibit C Eligibility rules, types and levels of benefits, payment of premiums through a cafeteria plan, copayment, coinsurance and deductibility requirements, and all other terms and conditions for the prow sion of these health benefits will be governed by the Program effective April 1, 1994, levels of the City the exception of the premium contribution tY and covered employees, which level of contributions will remain as set forth in Articles 13 and 14 of the 1992 -1994 Agreement or In any successor agreement reached by the parties This agreement is effective April 1, 1994 and shall continue indefinitely or until the Union withdraws from the Program or the Program is terminated as specified in the Program, whichever occurs first. Recommended by Ron Johnson President Richard A. Zais, Jr Local 469, I.A.F.F City Manager City of Yakima 2/17/94 12.25 PM i „�F. Puticipatioa Agsrma'+K 0217 94 12 44 1$206 623 7022 P1SG&E SEATTLE Lei U10 • Executed by the parties hereto this day of February, 1994 CITY OF YAKIMA B _ RA Zais, Jr City Manager ATTEST City Clerk LOCAL 469, LN'TERNATION ASSOCIATION OF FIREFIGHTERS, AFL-CIO By President • 2/11941225 PM I.AF.F Panicipstioo Agreement t • EXHIBIT A CITY OF YAKIMA EMPLOYEES' HEALTH AND WELFARE BENEFIT PLANS DRAFT February 18, 1994 MEDICAL PRESCRIPTIONS DENTAI. VISION • TO OUR VALUED EMPLOYEES Welcome to our Program! We are pleased to provide you with this comprehensive program of medical, prescription drug, dental and vision coverage. Our Plan is designed to provide protection for you and your family against the high cost of health care. With the exception of very large medical claims which the Plan is protected against by insurance, all Plan expenses are directly paid by our Plan. This means that careful use of the Plan will benefit both you and the City of Yalama by allowing us to continue to provide high quality benefits. We encourage you to read this Plan Document thoroughh and become familiar with its provisions. If you have am questions regarding either your Plan's benefits or the procedures necessary to receive these benefits. please call DIRECT ADMMZSTRATORS at (509) 248 -7938 All of us at the Citv of Yakima sincerer wish that you and your famih become wise health care consumers and enioN good health. However should you need to use the Plan, the benefits are excellent. In appreciation for your efforts on behalf of the City of Yakima, we are pleased to sponsor this Plan for you and your fann1 • We wish you the best of health. The Cat\ of 'x akima Health Benefits Committee 410 Many illnesses and disabilities are caused by what people do to themselves. Most of us are born healthy and too often become sick because of failure to observe simple rules of good health. When these rules are observed, each of us has a better chance for a longer and healthier life. Here are several suggestions which go a long way in improving your health_ CHECK YOUR BLOOD PRESSURE High blood pressure - if known and treated - can easily be controlled The danger is unknown high blood pressure. Blood pressure tests are quick and painless, so get your blood pressure checked regularly STOP SMOKING Smokers, as a group, have twice the nsk of heart attack as non - smokers. Smoking is also a senous risk factor leading to cancer and other diseases. If you smoke, the single most important thing you can do for yourself is stop! EAT A HEALTHY DIET • Based on evidence at hand.. following a few simple guidelines will improve your health and reduce your nsk for disease_ The American Cancer Society recommends that you limit your intake of fats and increase your fiber intake. This means cut back on fried foods, butter and esss. and eat more fruits. vegetables and whole grains. (P S This is good for your heart. too!) GET REGULAR EERCISE Unless your doctor advises otherwise, exercise on a regular basis. Twenty minutes three times a week of brisk walking, swimming, bicycling, or other activity will have you looking good and feeling fit! Remember to start with warm -ups and end with a cool -down period to avoid injuries. WEAR YOUR SEAT BELT No one intends to have an accident, but the odds are 1 in 3 you will be in a serious accident during your lifetime. Wearing a seat belt reduces your chances of death and injury by more than 50 percent_ Protect yourself - buckle up! DRINK IN MODERATION Most people who drink are able to control their intake of alcohol and to avoid undesired effects. However excessive drinking is a leading cause of accidents and some diseases. So, if you drink, do it wise\ and in moderation. • B0101 2/1/94 Page 1 TABLE OF CONTENTS WAYS TO STAY HEALTHY 1 III TABLE OF CONTENTS 2 IMPORTANT INFORMATION - PLEASE READ CAREFULLY 5 SCHEDULE OF BENEFITS 7 Maximum Benefits While Covered Under This Plan 7 Major Medical 7 Pharmaceutical Card Service 9 Dental 10 10 Vision Benefits ELIGIBILITY PROVISIONS 11 Eligibility 11 12 Enrollment 13 Effective Dates of Coverage Termination of Coverage 14 Conunuation of Coverage 15 Nouficauon Requirements and Election Penod 16 Type of Coverage. Premium Payments 16 Maximum Coverage Penods 16 Terminauon Before The End Of The Maximum Coverage Penod 17 Other Information 17 PRE- AUTHORIZATION/UTILIZATION REVIEW 18 MAJOR MEDICAL BENEFITS 20 Descripuon of Benefits 20 Pre - Existing Conditions and Waiting Penods 20 Individual Deductible 20 Family Deductible 20 20 Coinsurance Percentage Copayment 20 2 Maximum Out of Pocket Expense 21 Major Medical Lifetime Maximum Benefit 21 Eligible Expenses 21 Physician Services 21 Surgery and Related Services 22 Hospital Services 22 Alternatives to Hospitalization - Special Provisions 23 Home Health and Home Nursing Care Hospice Care 23 Horne 24 Exclusions to Hoe Health and Nursing Care and Hospice Care 2 4 Skilled Nursing Facility or Rehabilitation Benefit 2 Prescnpd 4 on Drugs 24 Allergy Treatment 25 Pre - Admission Testing 25 Mammography and Pap Smear Tests 25 Maternity Services 26 Newborn Nursery Care Benefit 26 III Elective Sterilization 26 Ambulance 26 Infusion Therapy Benefit B0101 2/1/94 Page 2 Replacement of Organs and Tissue 26 • Durable Medical Egwpment 27 Prosthetic Appliances 27 Other Medical Supplies 27 Blood Charges 27 Physical Therapy 28 Speech Therapy 28 Occupational Therapy 28 Neurodevelopmental Therapy Services 28 Chiropractic Care 28 Alcohol and Drug Abuse Treatment 28 Inpatient and Outpatient Treatment of Mental and Nervous Disorders 29 Smoking Cessation Benefit 30 Dental Services 30 Photocopying 30 Hospital Audit and Case Management Fees 30 Supplemental Accident 30 Audit Incentive 31 General Exclusions To The Medical Plan 31 PHARMACEUTICAL CARD SERVICE (PCS Benefit) 35 Payment Schedule Plan 35 Copavrnent 35 Drees Covered 35 Drugs Excluded and Lirruted 35 ID Dispensing Limitations 36 Benefit Limitations 36 Benefits for Employees and Dependents Without a PCS Card 36 DENTAL BENEFITS 37 Opuonal Predetermination of Benefits 37 Descnpuon of Benefits 37 Deductible 37 Calendar Year Maximum 37 Covered Dental Expenses 37 Alternate Treatment 38 Type I Preventive Expenses 38 Type II Basic and Restorative Expenses 38 Type III Prosthetics and Major Expenses 39 The Prosthesis Replacement Rule 39 Benefits After Termsnauon of Coverage 40 Orthodontic Benefits 40 Exclusions and Limitations To The Dental Plan 41 VISION BENEFITS 43 Covered Services 43 Exclusions To The Vision Plan 43 Vision Benefits After Terrnmauon of Coverage 44 GENERAL DEFINITIONS 45 RCW 41.20 ACTIVE AND RETIRED EMPLOYEES 51 III GENERAL PROVISIONS 52 Procedures for Filing a Claim 52 Appealing a Claim 52 Admirustration of the Group Medical Plan 52 80101 211/94 Page3 HEHL T H uHkE M - iiribEMENT TEL 20b— b65 -540 Feb 1 T , 94 14 3o No U14 P 03 Conditions Precedent to the Payment of Benefits 52 Privileges as to Dependents 53 • Application and Identification Card 53 Summary Plan Description 53 Cancellation 53 Assignment of Pay mil( 53 Amendment of Plan Document 54 Notice 54 Coordination of Benefits 54 Subrogation (Third Party Liability) 55 Medicare 56 Facility of Payment 57 Misrepresentation 57 Inadvertent Error 57 Free Choice of Physician 57 Right of Recovery 57 Plan is not a Contract of Employment 38 Funding 58 Effect of Termination of the Plan 58 PLAN SPECIFICATIONS 59 PLAN ACCEPTANCE 60 II This booklet is the Summary Plan Description This booklet and any Amendments constitute the Plan Document for this benefit plan. This Plan is maintained for the exclusive benefit of the Plan Employees and each Covered Individual's rights under this Plan are legally enforceable. The Plan Administrator has the right to amend this Plan at any thne In accordance with the provisions of the City of Yakima Lmplo)ce's Health and Welfare Benoit Plans, The Plan Administrator, through the Board, will make every effort to communicate to the Plan Employees all Plan amendments on a timely basis. 0 BO101 4/1/94 Page 4 =' art =-_s ?- - `-_~ ° =- -` 1111 Pre- Autborizadon of Hos P itallzatlon This plan requires pate authorization of all hospital adzn1siom. Failure to obtain the authorization prior so hospitalization will result in the loss of benefits. There is a S300 penalty for failure to obtain the pre-authorization. Failure to call PROW for will result in s SS00 penalty. PRO/W will determine if the hospitalization is medically necessary PROW may recommend an alternate health care setting or treatment that will maintain both quality health care and cost-effective options. If PROW does not authorize your treatment (Le. hospitalization) and you decide to proceed with that treatment instead of the alternative treatment r000mmendod by PRO/W, all benefits related to your unauthorized treatment (Le. hospitalization) will be reduced to 60''/. Compliance with the pre-authorization requirements will result in your receiving the &II benefits available. When your physician recommends hospitalization, you must call PRO/W as soon as possible but no later than 48 hours before the scheduled admission. inpatient bospitalimrinns must be pre - authorized. You, your physician, or a family member should call PROW to request pre authorization. PROW health care professionals, including nurses and physicians, will review the proposed hospitalization. If the hospitalization is approved, you, your physician, claims payor, and the hospital will be notified. If emergency hospitalization is necessary, you, a family member, your physician of the hospital must contact PROIW within 48 of admission. Please refer to the Pre- Authorization/Utillzation Review section for fall details on the Pre - Admission procedure. Pre- authorization does not guarantee payment of benefits. The UR Coordinator should be contacted at the following numbers: gir PROFESSIONAL REVIEW ORGANIZATION/WEST (PRO/W) (206) 368.8271 In. Seattle 1400- 7834606 - Outside Seattle Continuation of Coverage Provisions (COBRA) Both you and your spouse should take the time to read the Contin of Coverage Previsions, Under certain you and/or your dependents may be eligible for a temporary extension of health coverage, as group rates, where coverage under the plan world otherwise end The information in this section is intended to inform you, in arm►nary fashion of your rights and obligations under the continuation of coinage provisions. To find out more abort your oontinuation of coverage rights refer to the Eligibility Section of this booklet i BO101 2/1/94 Pages How To File A Claim 1 You may ask your provider to bill DA directly Your provider should submit complete, itemized bills. An itemized bill is one that shows a patient's name, date of service, the type of service rendered, charge for each service, provider's name, address, Federal Tax ID number and the nature of the accident or illness being treated. Providers frequently request that you assign the benefits to them, however, if you have paid the bill or want the benefits sent to you, this should also be noted on the bill. 2. To submit a claim for payment yourself you should complete a claim form and attach an itemized bill and send it to the address shown on the claim form. See your employer for claim forms. If you wish your benefits paid directly to the provider, sign the assignment of benefits section. A separate claim form should be submitted for each family member 3. All claims for reimbursement must be submitted within one year of the date incurred. Contact for Questions about the Plan Benefits You are encouraged to contact Direct Administrators (DA) with anv question you have regarding this Plan. DA is available to answer questions about claims and how your benefits work. You may contact DA at: DIRECT ADMINISTRATORS, LVC. 120 South Third Street, P O. Box 22700 -B, Yakima, WA 98907 -2700 (509) 248 -7938 • Please note. The UR Coordinator cannot answer questions regarding your Benefit Plan or what benefits you have available - DA is available to provide this information. DA cannot pre - authorize hospital admissions - this can only be done by the UR Coordinator BO101 2/1/94 Page 6 SCHEDULE OF BEN FILS • This Schedule ei Benefits is s summary of the benefits provided ender this Pisa. Please read the entire booklet, for details a specific beadit emltadoas sad mas3mams, waiting periods sad esdnslons M benefits are subject to reasonabk and commonly accepted fees Approval must be obtained from Professional Review Organization/West (PRO/W) prior to use of a hospital MAXIMUM BENEFITS WHILE COVERED UNDER THIS PLAN Major Medical Lifetime Maximum Benefit $750,000 Alcohol and Drug Abuse Lifetime Maximum Benefit 510,000 Mental Health Services Lifetime Maximum Benefit 524,000 MEDICAL BENEFITS ANNUAL DEDUCTtBL$ Individual 5100 Family 5200 MAXIMUM OUT OF POCKET Individual 5600 (including deducables) Family 51,200 (including doductibles) PRE-AUTHORIZATION FOR Ropired HOSPITAL ADMISSION OR SURGERY 5500 ply d ca pTe After the deductible and comments have been satisfied, the Plan pays the coinsurance amounts listed below for eligible expenses incurred by an individual in s calendar Year Second Surgical Opinion 100%, No Dedumble With approval from the UR Coordinator. Physician Services: Office, hoax and hospital visits 100% Not subject to the deductible. 25 office visits maximum per calendar year. Outpatient surgeon's fee Inpatient surgeon's foe Assistant surgeon's fee SO% np to 25%• of Surgeon's Fee Anesthesiologist• Hospital Services, Inpatient: Room and board (semi- private) Intensive care '• • Nur s e ves • Nurt SO% BO101 2/1/94 Page 7 Hospital Services, Outpatient: Pre- adrrussion tesung (prior to surgery per UR Coordinator) 100% Outpauent surgical facility 80% Emergence Room/Services S25 Copayment, then 80% Copayment is waived if admitted Supplemental Accident 100 %, No Deductible For treatment initiated within 48 hours of an accidental injury $500 maximum per accident. Home Health and Horne Nursing Care 80% S 10,000 maximum per calendar year Hospice Care 80% Six months lifetime maximum. Stalled Nursing Facility/Rehabilitation. 80% 30 days maximum per calendar year 120 days lifetime maximum. Lab and X -ray 80% Radiauoa Chemotherap"/Dialysis 30% Marnmograph\ /Pap Smear Tests 80% Prescription Drugs. Inpaneat 80% Ambulance 80% Allergy Treatment 80% Maternity Care Hospital Inpatient 80% Durable Medical Equipment/ 80% Supplies/Prosthetics Blood Bank Charges 80% Physical Therapy /Speech Therapy /Outpatient Rehab. 80% S4,000 maximum per calendar year Chiropractic Care: 80% S1 000 maxmum per calendar year Alcohol & Substance Abuse - Inpauent 30% Outpauent 50% S5,000 inpatient/outpatient combined maximum every two consecutive calendar years. Subject to a lifetime maximum of S10,000 30101 2/1;94 Palle Mental Health Services. inpatient 80% III S9,000 maximum per calendar year Outpatient 50% $3,000 maximum per calendar year S12,000 inpauent/outpattent combined maximum per calendar year Subject to a lifetime maximum of S24,000 Dental Services - Major Medical 80% See Page 30 Smoking Cessation See Page 30 $50 hfetune maximum for Nicorettes Audit Incentive 50% See Page 31 S500 maximum per incident. PHAR\LAkCEUTICAL CARD SERVICE (PCS) See Page 35 • PCS Recap Pharmacies Genenc Drugs S4 00 Copavment Name Brand Drugs S" 00 Copayment using your PCS Recap card when purchasing prescriptions and paving the applicable copa }beat, the Plan pays 100% of the balance due the PCS Recap Pharmacy direct to the pharmacy If the PCS card is not used by the covered individual at the time of the prescription purchase or the prescnpuon is purchased at a non - participating pharmacy, you must file a claim directly with PCS using a PCS claim form When you do not use the PCS Recap card.. the benefit is less because the arescrotion drugs cost More. When you submit a prescription claim to PCS, the charges which include: (1) the copavment you wcuid normally pay, (2) the difference between the pharmacy retail price and the amount the pharmacy would have charged if the PCS Recap card was used; and (3) a handling fee, will be deducted from your total reimbursement NOTE. Be sure to ask your doctor about generic equivalents. III BO101 2:1/ Page 9 DENTAL BENEFITS (Subject to reasonable and commonly accepted fees.) DEDUCTIBLE None MAXIMUM BENEFIT S 1,000 Per covered individual, per calendar year Type I - Preventive See Page 38. 100% Oral Exam, Cleaning, X -ray Type II - Basic and Restorative 80% Fillings, Oral Surgery, Denture Repair Type III - Major Prosthetics 50% Bridgework, Crowns, Dentures Type IV - Orthodontia 50% Lifetime maximum $2,000 VISION BENEFITS Vision benefits are payable according to the following scheduled maximums and are not subject to a deductible. Benefits are payable once dunng any calendar year for an EXAMINATION Benefits are payable for a PAIR OF LENSES with FRAMES and/or a PAIR OF CONTACT LENSES not to exceed S200 during any two consecutive calendar years. • Examinanon S60 maximum per calendar year 100% Lenses and Frames AND /OR Contact Lenses S200 maximum every two consecutive calendar years. 100% B0101 2/1/94 Page 10 III ELIGIBILITY AND ENROLLMENT PROVISIONS ELIGIBILITY Employee Eligibility Employees eligible for coverage under this plan are: Active full -time and part -time employees regularly scheduled to work 20 hours or more per week are eligible for coverage under this plan. Retirees eligible to receive payments under the Washington State Retirement System up to age 65 Retirees under the Washington State Retirement System (RCW 41.20) are eligible for coverage under this Plan with no age limit. Ineligible classes of employees are: (1) part-time employees normally scheduled to work less than 20 hours per week; (2) temporary employees. An employee is defined as an individual directly involved in the regular business of and compensated for services by the City of Yakima, who is regularh scheduled to work at least the minimum number of hours, as indicated above, on an active, full -time basis or other individual's listed above who are eligible for coverage. Dependent Eligibility 0 Dependents eligible for coverage under this plan are. 1 your legally married spouse (who is neither divorced nor legally separated, unless coverage is required by a coup decree). 2 your unmarred dependent child(ren) under age 21 who are not employed on a full -time basis. 3 your unmarried dependent child(ren) age 21 and through age 23 who are enrolled in an accredited school as a full -ume student as defined by the school being attended for a minimum of five months per calendar year 4 your unmarried dependent child(ren) who is incapable of self - support because of mental retardation. mental illness, or physical incapacity that began pnor to the date on which the child's eligibility would have terminated due to age. Proof of incapacity must be received within 120 days after the date on which the maximum age is attained Subsequent evidence of disability or dependency may be required as often as is reasonably needed to venfy continued eligibility for benefits. 5 spouse and eligible dependent children of retirees under the Washington State Retirement System up to age 65 The term "dependent children" means anv of your natural children, legally adopted children or step children who depend on you for support, or children who have been placed under the legal guardianship of you or your spouse by a court decree or placement by a State agency A dependent is defined as an individual listed on the employee's application as a dependent of the employeee, who is eligible for dependent coverage (based on the criteria above), whose application has been timely 0 submitted to the City's Human Resources offio. BO101 2/1/94 Page 11 ENROLLMENT Regular Enrollment To apply for coverage under this plan, the employee must complete and submit an enrollment form within 31 days of the date the individual first becomes eligible for coverage. If you fail to enroll during the enrollment eligibility period, you will be required to submit a Proof of Good Health application unless you become eligible to enroll as a result of loss of other group coverage. The completed enrollment form should list all eligible dependents to be covered. IndivifiiAlc not enrolled when first eligible may be required to submit Proof of Good Health to enroll in the Plan. Proof of Good Health is defined as, evidence satisfactory to the Plan Adrn;mctrator that an applicant for coverage is in good health and does not have any significant medical condition. When you acquire an eligible dependent (birth, marriage, adoption etc.) the dependents must be enrolled within the enrollment eligibility periods specified below Newly acquired dependent: A newly acquired dependent (ex=pt a newborn child or a child placed for adoption) must be enrolled within 31 days of the date of acquisition. Newborn. A newborn child may be covered from birth provided the child is enrolled within 60 days of the date of both. Adopted Child. A child placed for adoption may be covered from the date of placement provided the child is enrolled within 60 days of the date of placement. Enrollment Due to Loss of Other Group Coverage If you or a dependent loses eligibility under another group plan due to either termination of employment or termination of the other group medical plan, those individuals losing coverage become eligible for coverage under this plan provided. (1) enrollment for coverage is made within 31 days of termination of the other group coverage; (2) there is no lapse in coverage between the pnor group plan and coverage under this plan, and (3) a letter from the employer sponsoring the coverage confirms that coverage was terminated under the pncr program due to termination of employment or termination of the group plan. Proof of Good Health will not be required and the waiting period for coverage of pre - existing conditions will be calculated from the original date of eligibility under this Plan. Late Enrollment If you or a dependent are not enrolled during the regular enrollment periods specified, you may enroll by subrrutting a Proof of Good Health application for each eli individual applying for coverage. You must submit a Proof of Good Health application for approval. The Plan Administrator may require the individual applying for coverage to have a physical examination, at no expense to the Plan, in addition to submission of the Proof of Good Health application. Coverage may begin only when and if the Plan Administrator approves the application for enrollment and notifies the individual of the effective date. Once approved, individuals must enroll within 31 days to be eligible for coverage. R nwni �i1/91 Page 12 • hi- rh.CTIVE DATE OF COVERAGE Employee Effective D ate The effective date of coverage for eligible employees is the date of hire. If you are not actively at work due to illness or accident on the date your benefits would otherwise be effective, the effective date of your coverage will be delayed until the date you meet the following: (1) you are no longer disabled (that is ill or injured) and away from work and (2) you are regularly working the Participating Group's normal work week of at least the minimum number of hours required for eligibility at any of the Participating Group's business establishments, or at some other location to which you are required to travel for business reasons by the Participating Group. A covered employee will be considered actively at work if on the last scheduled work day prior to or coinciding with the effective date of coverage the employee is performing all of the regular duties of his employment on a full -time basis at his customary place of employment or at some other location if that employment requires him to travel. An employee will also be considered actively at work if he is absent from work solely due to vacauon or a non - medical approved leave of absence. Approved Medical Leave of Absence If vou are granted an approved medical leave of absence, vou will be eligible to continue coverage under the Plan for up to 12 weeks. The premiums vou will pay to continue coverage during the 12 week period will be the same as what you would pav if still an active employee. If your leave extends more than 12 weeks you will be eligible to continue coverage under the (COBRA) Continuauon of Coverage Provisions of the Plan. ii Please contact your Human Resources Department for information on how to qualify for a Medical Leave of Absence. Approved Leave of Absence (other than Medical Leave of Absence) If you are granted an approved leave of absence (other than medical leave of absence) you and your covered dependents will be eligible to continue coverage for up to 90 days. You will be responsible for paying all of the premiums dung the 90 days. If your leave extends more than 90 days you will be eligible to continue coverage under the (COBRA) Continuation of Coverage Provisions of the Plan. An emplovee and dependents who are being reinstated to an active status after an approved leave of absence do not have to satisfy the tnival waiting penod again if it was satisfied pnor to going out on the approved leave of absence. There will be no lapse in coverage for employees and dependents that have continued coverage while on the approved leave of absence. If the employee did not continue coverage while on the leave of absence. then coverage will be reinstated on the first day of month following the return to active status. An employee and any dependents who had not satisfied the waiting period prior to the approved leave of absence will receive credit for the portion of the initial waiting period that was satisfied prior to the leave of absence. Coverage will begin on the first of the month following their satisfaction of any remaining eligibility waiting period. A new employee who has not vet satisfied their pre- existing condition waiting period and has been granted an approved leave of absence, will be subject to the "pre-eMisting condition" waiting period. The employee and dependents will receive credit for the amount of time that they had satisfied towards the pre -existing waiting period before the leave of absence began as long as the leave is less than 90 days. III BO101 2!1;94 Paste 13 The pre-existing waiting period will be waived for both employees and dependents, when the employee returns from an approved leave, if the following conditions are met. (1) all individuals had satisfied the pre - existing waiting penod pnor to the leave of absence; and (2) the employee's leave was 90 days or less. A covered employee and his/her dependents who are reinstated after an approved leave of absence, which extends beyond 90 days, will start a new "pre- existing condition waiting period" unless they have been continuously covered under the Plan during their approved leave of absence. Please contact your Human Resources Department for information on how to qualify for an Approved Leave of Absence. Rehire If an employee who was covered under this Plan tertninates employment or loses eligibility for coverage and is rehired or again becomes eligible for coverage within 6 months of the date of termination, credit will be given towards the pre -existing condition waiting period for the time previously covered under this Plan. Coverage will begin on the date of rehire, if coverage is elected. Individuals not reinstated on the Plan within 6 months will be required to re- satisfy the full pre - existing condition waiting period, unless continuously covered under COBRA. Individuals continuously covered under the COBRA continuation coverage of this Plan, will be given credit for the time covered under this Plan toward meeting the Pre - Existing Condition requirement. Dependent Effective Date If, as a new hire, you elect coverage for your dependents during the first 31 days of eligibility, their effective date will be the same as your effecuve date. New h acquired dependents become effecuve on the date of mamage, date of birth, date of adoption or the date of eligibilir If a newly acquired dependent is not timely enrolled (see page 12), your dependent will be required to apply for approval of coverage by submitting a Proof of Good Health application. If you submit Proof of Good Health for approval, the effective date of coverage will be the first of the month following the date of approval. A covered dependent will be considered in active service on arD day if the indivithial is then engaging in all normal activiues of a person in good health of the same age and sex, and he is not confined in a medical facility or confined at home. TER'vflNATION OF COVERAGE An employee s or dependent's coverage will automaticallv end on the earliest of the following dates: 1 The date the coverage or the Plan ends; or 2. The date the employee or dependent becomes ineligible; or 3 The last day of the month in which the employee'semployment ends; or 4 The date the employee or dependent begins active service in the armed forces; or 5 The date the employee fails to make any required contribution when coverage is contributory BO101 2.'1194 Page 14 • An employee's employment is deemed to end on the date he ceases active work_ However, in the following circumstances, employment will be deemed to continue as shown below, or until the employer, acting under rules that preclude individual selection terminates the employee's employment_ 1 Sickness or injury - according to the participating group's personnel pohc� , or 2. Approved leave of absence (other than medical leave of absence) - to the end of the 3rd calendar month following the calendar month in which such event occ :. z The employee must pay all contributions during this period of leave of absence; or 3 Temporary lay -off - to the end of the calendar month in which such event occurs. CONTINUATION OF COVERAGE (COBRAI This provision provides continuation of coverage in compliance with the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) as amended by the Omnibus Budget Reconciliation Act of 1989 An employee or dependent whose coverage ends under this Plan may be a qualified beneficiary entitled to elect continuation of coverage under this Plan. Coverage is elected on the enrollment form provided by the Plan Supervisor Both you and your spouse should take the time to read the Continuation of Coverage provisions. If you are an employee covered by the Plan, you have the right to elect continuanon coverage if you lose coverage under the Plan because of anv one of the following "qualifying events' 1 Termination (for reasons other than gross misconduct on your part) of your employment; or • 2 Reduction in the hours of your employment. If you are the spouse of an employee covered by the Plan you have the right to elect continuation coverage if you lose coverage under the Plan because of any of the following four "qualifying events" 1 The death of your spouse; or 2 The terminauon of your spouse's employment (for reasons other than gross misconduct) or reduction in your spouse's hours of employment with the Employer, or 3 Divorce or legal separation from your spouse; or 4 Your spouse becomes entitled to Medicare benefits. In the case of a dependent child of an employee covered bti the Plan_ he or she has the right to elect continuation coverage if group health coverage under the Plan is lost because of anv of the following five %pinIifying events" i 1 The death of the employee parent; or 2. The termination of the employee parent's employment (for reasons other than gross misconduct) or reduction in the employee parent's hours of employment with the Employe:, or 3 Parent's divorce or legal separation; or 4 The employee parent becomes entitled to Medicare benefits; or III The dependent ceases to be an eligible "dependent child' under the Plan. BO101 2/1/94 Page 15 If an employee, spouse or dependent child is covered under another group health plan when a qualifying event occurs. that individual is not eligible to elect continuation of coverage under this Plan unless they have a pre - exisung condition that is limited or excluded under the other group coverage. NOTIFICATION REQUIREMENTS AND ELECTION PERIOD Under the law, the employee or a family member has the responsibility to notify the Employer when the qualifying event is a divorce, legal separation, or a child losing dependent status. When you or a family member have one of the above qualifying events you become a'qualified beneficiary' If notice is not given to the employer within 60 days of the qualifying event or within 60 days of the date the qualified beneficiary would lose coverage due to the qualifying event, the qualified beneficiary will not be offered the option to elect continuation coverage. When the Employer is notified that one of these events has occurred, you will be notified that you have the right to elect continuation coverage. Under the law, you must elect continuation coverage within 60 days of the date Plan coverage would end or within 60 days of the date that the Employer sends you notice of your right to elect continuation coverage, whichever is later If the qualified beneficiary does not elect COBRA continuation coverage during this election penod, they will not be eligible to enroll at a later date. A covered employee or the spouse of the covered employee may elect continuation coverage for all family members. The covered employee, and his or her spouse and dependent child(ren) each have an independent nght to elect conunuauon coverage. For example, a spouse and/or dependent child(ren) may elect conunuation coverage even if the covered employee does not elect it. TYPE OF COVERAGE. PREMIUM PAYMENTS If you elect continuation coverage. the Employer must give you coverage that, as of the time coverage is provided, is identical to the coverage provided under the Employer's plan to similarly situated employees or family members. This means that if the coverage for similarly situated employees or family members is modified. your coverage will be modified. A person covered under the plan as a dependent child who elects COBRA Continuanon of coverage Hill continue to have pregnancy coverage restricted to the coverage available for dependent children as s:aied in the plan document When a COBRA participant is covered by another group benefits plan, this plan will coordinate benefits with the other plan. The benefits of this Plan will be payable as the secondary after the other plan has paid as the primary plan. You must pay premium payments for your "initial premium months" by the 45th day after you elect conunuauon coverage. Your inival premium months are the months that end on or before the 45th day after you elect continuation coverage. All other premiums are due on the 1st of the month for which the premium is being paid, subject to a 30-day grace period. MAXIMUM COVERAGE PERIODS If a spouse or dependent child(ren) loses group health coverage because of the employer's death, divorce, legal separauon or entitlement to Medicare. or because you lose your status as a dependent under the Plan. the maximum coverage period for the spouse and/or de endent child(ren) is 36 months from the date of the qualifying event 4 110 n stAI .1/1/11 Paee'S If the employee loses group health coverage because of a termination or reduction in hours of the employee's ill employment the maximum continuation coverage period (for the employee. spouse and/or dependent child(ren)) is 18 months from the date of termination or reduction in hours. There,.are two exceptions to this Wile. - For an employee or family member who is disabled on the date of termination or reduction in hours, the conunuation coverage period is 29 months from the date of termination or reduction in hours. The disability that extends the 18 -month coverage period must be determined under Title II (Old Age, Survivors, and Disability Insurance) or Title XVI (Supplemental Security Income) of the Social Security Act. For the 29 month continuation coverage period to apply, notice of the determination of disability under the Social Security Act must be provided by the disabled individual to the Employer within the 18 month coverage period. The premium rate to be paid dunng the 18 to 29 month extension will be 150 percent of the normal full premium rate for the coverage elected. - If a second qualifying event occurs (for example, the employee dies or becomes divorced) within the 18 month or 29 month coverage period., the maximum coverage period becomes 36 months from the date of the termination or reduction in hours for participating spouse and/or child(ren). Special rule involving employee's entitlements to Medicare benefits. This rule applies only if you are the employee's spouse or dependent child(ren) and you have continuation coverage because of a qualifying event that was not the employee's becoming entitled to Medicare benefits. If the employee becomes entitled to Medicare (either before or after that qualifying event), your maximum coverage period ends 36 months from the date the employee became entitled to Medicare. iio TER. S ATION BEFORE THE END OF THE MAXIMUM COVERAGE PERIOD Your (employee, spouse or dependent child(ren)) continuation coverage automatically terminates (even before the end of the maximum coverage period) when any one of the following events occurs: 1 The employer no longer provides group health coverage to am of its employees; or 2. The premium for your continuation coverage is not paid timely (within the 30 day grace penod); or 3 The employee, spouse or dependent child(ren) becomes covered under another group health plan (as an employee or dependent), which does not contain any exclusion or limitation with respect to any pre - existing condition of the covered individual, or 4 You become entitled to Medicare benefits; or 5 You are entitled to a 29 month maximum coverage period, but then there is a final determination under Title II or XVI of the Social Security Act that you are no longer disabled; however, continuation coverage will not end until the month that begins more than 30 days after the determination and not before the end of the 18 month coverage period except as noted in items 1 through 4 above. OTHER INFORMATION If you have anv questions about this nonce or COBRA, please contact your employer If your marital status changes. or a dependent ceases to be a dependent eligible for coverage under the Plan terms. or you or your spouse's address changes, You must immediately notify your employer. III 30101 211.'94 Page 17 PRE- AUTHORIZATION/U'I REVIEW _ Mandatory Pre- Aathorfzatioa for Hospital Admission To help contra increasing costs of medical benefits and insure quality d cue, the City et Yakima has implemented a Healthcare Utilization Mangy prognna The City of Yakima has contracted with the Professional Review Organization/West (PROM) to be its medical reviewing agency to review for medial or surgical necessity whoa hospitalization is recommended. The following programs, administered by PROW, will assist you in becoming better informed about the propose4 treatment while assuring quality of care and cost eontanament. E .E-At The pre - authorization program helps to determine medical or surgical necessity of hospitalization and the appropriate treatment sating. In addition, the length of the hospital stay is certified for the City of Yakima emPlorcs or dependents. tom- 1,TTHORIZAIDN FOR HOSPITALIZATION When )our physician recommends hospitalization, you must call PROW as soon as possible tut no later that 48 hour before the scheduled admission. A SS00 penalty will be assessed, if you do not comply. Failure to call PROW for pre - authorization will result in a SS00 penalty If PROW does not authorize your treatment (i.e. hopitalization) and you decide to proceed with that treatment instead of the alternative treatment recommended by PRO /W, all benefits related to you unauthorized hospitalisation will be reduced to 60%. • Inpatient hospitalizations needs to be pre-authorized You your physician, or a fatally member should call PROAV to request pre - authorization. PROW health care professionals, including nurses and physicians, will review the proposed hospitalization. If the hospitalization is approved, you, your physician, claims payor, and the hospital will be noufied If PROM determines that an admission is not medically or surgically may, they will recommend alternate health rare settings or treatment that will mairazin both quaiity can and Cost - effective options.. You will also be noted of yourtigtt to appeal such a decision The telephone numbers for PROW are listed below' In Seattle Call. (206) 3684211 Outside Seattle Call: 1- 800. 7834606 EGENCY HOSPITAL O13 If emergency hospitalization is necessary, you, a family member, your physician or the hospital unit cots= PROAV within 48 hours of admission. In all situations, the ultimate responsibility for calling PROW is yours. The r ason for using PRAJW for emergency admissions is to help determine the ongoing necessity of went and appropriate length of the hospital stay If You call PROW on the weekend or at night, you should leave a message on the PROW voice answering machilne. Your message should include: • Year Mme • Patient's name, if other than you • Identify yourself as a City of Yakima employee • Telephone =bet where yea or a family member can be reached • Name of hospital when the patient is being admitted • Reason for hospital admission BO le 1 2/1/94 Page 18 Failure to call PROW tot petipithorization will result in a 5303 pewit, If PROM d no stwnyo treatment (Le. treatment _ a p ace d wvA that treatment r000mmeaded by PROW all benefits related to your unauthorized (Le. val be reduced to 60%. The PROW health case professional will continue to monitor � review your medical situation date, If your condition requires a base than initially to determine if the additional days are medically necessary Yakima employers and eligible dependents and is A4 This program is available .a. set-to City d provide support when there is eligible serious chronic of completely voluntary The program is designed P wily, and Li. c" catastrophic illness. PROM uses nurses and other health rare Professionals to assist you, your and the City of Yakima in coordinating quality, cost-effective care. and care plans manager that are %;)4- your with h elan. and coordinating the treatment you and the necessary parties in communicating medically receive the most from your health ically necessary and appropriate. This allows you and your family cart dollars without compromising the quality and integrity of care. • E •ND • 1 •PLKI•N s health rare professionals may regt that you obtain a second On occasion, the utilization review responsible scheduling your own appointment. The second surgical opinion must cal opinion You are d-cer who is not financaallY associated with your own must be rendered by a board-certified surgeon or specialist doctor The n a s i f req and reasonable charges of the second surgical opinion consultation, including additional oal recommends a diagnostic ostic teas if required. are Paid at 100% by the Plan if the utilisation reuses' aw n recommended by the surgical opinion. No deductible or copaymeII1 is required for the second surgery opinio utilization review agency as r 11 1_•i•ND • •P' •N After you obtain the second surge opinion, inion, you mu reconraa =Indian Indion review agency, and semi them the resulu of the second surgical *ion. If the necessity of the surgery is confirmed by the second p•iaio4 the Plan will cover and pay for the surgery under normal Plan benefits. The utilization review agency will monitor your length e[ gay in the hospital under the concurrent review program` onion surgeon does not recommend surgery, the Plan will only pay si room m you the coos to The second opinion surgeon will provide you choose to proceed review w surgery ble alternative treatment plans. You will be notified of you and the utilization trview agency $ '� chose to have s4rgexy is tilii'rY's youTS• your right to appeal a decision of rwa-covesa8n. •• • IN IL ••ND 'lL' n •Pr • ie bt_ .1, WHEN RE• Lip' B �" � • ttu�W AG>:LS�Y • .�.fl r ern NATION If you do not obtain a second surgical °pin' on and therefore fail to obtain for a hospitalization, the penalties described above will be applied. The Plan does not cove services, treatment, or procedures that are ma medically or surgically necessary y • Pare 19 MAJOR MEDICAL BENEFITS DESCRIPTION OF BENEFTTS PRE - EXISTING CONDITIONS AND WAITING PERIODS A pre - existing condition is a condition for which a person received medical treatment, sought medical advice, had a condition which had manifested itself, or had a medical condition which would cause a reasonably prudent person to seek treatment in the 90 days pnor to his effective date. No benefits shall be paid for any pre -existing condition until the earliest of the following: - A Covered Employee - the last day of a 90-day period during which no treatment was received, or - A Covered Employee - the day immediately following 6 consecutive months of active, full -time employment with the City; or - A Covered Dependent, the day immediately after which the dependent has completed 12 consecutive months of coverage under this plan, or - Only for Covered Spouses relating to pregnancy, the day immediately following 6 consecutive months of coverage under this plan. NOTE If the employee or dependent is disabled, confined at home or confined at a treatment facility at the end of the waiting period, coverage for the conditions specified above will not begin until the person is no longer disabled or confined. • If a claim is paid that was related to a pre-existing condition, the payment will not constitute a waiver of this exclusion for that claim or an subsequent claim if it is later determined that the condition was pre-existing. Right of recovery rnav apply (See Page 57) INDIVIDUAL DEDUCTIBLE The deductible is the amount of eligible medical expenses each calendar year that an employee or dependent must incur before any benefits are payable by the Plan. The individual deductible amount is listed in the Schedule of Benefits. FAvf LY DEDUCTIBLE When the deductible amounts accumulated by all covered members of the family reach the family deductible shown in the Schedule of Benefits during one calendar year, no further deductibles will apply to any family members for the rest of that calendar year However, no single family member will be required to satisfy more than the individual deductible in a calendar year COINSURANCE PERCENTAGE After you have met the deductible for the calendar year eligible expenses in excess of the deductible incurred in that calendar year shall be paid at the Coinsurance Percentage as specified in the Schedule of Benefits. COPArvf NT This is the amount paid by you each time treatment is received before the Plan pays the coinsurance percentage listed in the Schedule of Benefits. 30101 211,'94 Page 20 • MAXTvfUM OUT OF POCKET EXPENSE The amount of the coinsurance which is your responsibility is called your out-of-pocket expense. When your out -of- pocket total reaches the out -of- pocket amount shown in the Schedule of Benefits during one calendar year, the Plan will pay 100% of that individual's incurred eligible medical expenses for the remainder of the calendar year MAJOR MEDICAL LIFETIME MAXIMUM BENEFIT . The Major Medical Lifetime Maximum Benefit per person while covered under this Plan is S150,000 ELIGIBLE EXPENSES When medically necessary for the diagnosis or treatment of an illness or an accident, the following services are eligible expenses for employees and dependents covered under this Plan. Eligible expenses are subject to the deductible, coinsurance and copayment amounts shown in the Schedule of Benefits and are limited by certain provisions listed in the General Exclusions in this section. Major Medical expenses are subject to all Plan conditions, exclusions and limitations. The following services are subject to the deductible, copayment and coinsurance amounts listed in the Schedule of Benefits. Covered services include but are not limited to the following: PHYSICIAN SERVICES Services of a licensed physican will be paid as shown in the Schedule of Benefits for office, home, and • hospital outpauent calls (including x -ray and laboratory services) and hospital inpatient care. Other services payable at the amount shown in the Schedule of Benefits include but not limited to: Radiauon Therapy Chemotherapy Dialysis Pathology Electrocardiograms Electroencephalograms SURGERY AND RELATED SERVICES Benefits are provided for the follow inpatient or outpatient services: - surgen , - surgeon charges; - assistant surgeons charges (not to exceed 25% of the reasonable and commonly accepted fee allowable for the primary surgeon). - anesthesia. If two or more surgical procedures are performed through the same incision during an operation, full benefits are onh provided for the primary procedure and one half for the lesser procedure(s). • B0101 2/1/94 Page 21 HOSPITAL SERVICES Outpatient Care Benefits will be provided for minor surgery and for emergency room treatment of an accidental injury or a medical emergency Emergency Room Copayment: A S25 Emergency Room Copayme m for each hospital emergency room visit must be satisfied before benefits for emergency room services can be provided_ However, this copayment need not be satisfied if one of the following is true: - you are admitted as an inpatient directly from the emerged room; or - emergency room care is for treatment of an accidental ihjury which is received on the day of the accidental injury or within the next two days after th.z: date. The accidental injury must have occurred on or after your effective date. Inpatient Care The following benefits will be provided for inpatient care in an a edited hospital when the patient is under the care of a physician. - room and board and general nursing care in a semi -prig =e room, - intensive care, cardiac care, isolation or other special car unit; - pnvate room accommodations, if medically necessary; - prescribed drugs and medications administered in the hospital. - anesthesia and its scim,mnzation, - oxveen and its administration: - dressings. supplies, cans and splints; - diagnostic services: - the use of durable medical equipment Hospital Miscellaneous - All other charges made by a hospital dzr•ng an inpatient confinement are eligible, exclusive of: personal items; s not necessary for the tre`ment of an illness or injury, or services specifically excluded by the plan. ALTERNATIVES TO HOSPITALIZATION - SPECIAL PROVISIONS Home Health and Home Nursing Care, Hospice Care and Skilled Nursing Facility/Rehabilitation Benefits are provided in lieu of and as an alternative to inpatient hospitalization_ 1 They are subject to the concurrent opinion of the atten ng physician, the Plan Supervisor or the Plan's UR Coordinator that they will be less costly tha= inpatient hospitalization that would have been required. 2 They should be outlined in a written Treatment Plan. 3 The Treatment Plan is to be developed and reviewed pe: by the attending physician. 4 The Treatment Plan should include an estimate of the cm of services and supplies to be rendered. Page 22 Ilk the benefits of this Special Provisions section are exhausted, the employee may apply for a limited extension benefits under this section subject to the following: 1 An updated Treatment Plan is submitted and approved by the Plan Supervisor or the Plan's UR Coordinator 2. Skilled care is needed to prevent admission or readmission to an acute care facility, or, 3 If rehabilitative, the treatment is demonstrated to be improving and restoring bodily functions lost due to illness or injury and is needed to rerun the patient to normal living. 4 The care is not custodial. 5 Inpatient benefits are only available when care cannot be safely provided on an outpatient basis. 6 The extension will be for a maximum of 30 days at a time. HOME HEALTH AND HOME NURSING CARE Charges made by a home health care agency (approved by Medicare or state certified) for the following services and supplies furnished to a covered individual in his home for care in accordance with a home health care plan are included as covered medical expenses. Charges for home health care services of any kind will be applied to the home health care benefit and subject to the home health care maximum of 510,000. Once the maximum benefit is reached no further benefits are payable under Major Medical, except as allowed under the limited extension of benefits described on page 22 This benefit is not intended to provide custodial care but is provided for care in lieu of inpatient hospital or skilled nursing facility care for patients who are homebound. The following sen•ices will be considered eligible expenses: 1 Part-tune or intermittent nursing care by a registered graduate nurse (RN), or by a licensed • practical nurse (LPN) if the services of a registered graduate nu.-se are not needed. 2 Part -ume or intermittent home health aide service which consists primaril) of caring for the individual. 3 Physical, occupational, and speech therapy when rendered in a home setting. 4 Medical supplies, drugs and medicines prescribed by a physician. and laboratory services normally used by a panent in a skilled nursing facility or hospital. but only to the extent that they would have been covered under this Plan if the individual had remained in the hospital. HOSPICE CARE Services and supplies furnished by a licensed Hospice (Medicare approved or state certified) for necessary treatment of the covered person, pursuant to a written Treatment Plan furnished by the attending physician, will be eligible for payment under the Major Medical Plan. Charges for hospice care services of any kind will be applied to the hospice care benefit and subject to the hospice care maximum of six months. Once the maximum benefit is reached no further benefits are payable under Major Medical, except as allowed under the liauted extension of benefits described on page 22. The following services will be considered eli expenses. 1 Services and supplies furnished by an approved home health care agency 2. Confinement in a host facility for short term inpatient care when included in the treatment plan. 3 Care in the patient's home on an outpatient basis when included in the treatment plan. With respect to hospice care a Treatment Plan must include: 1 A description of the medically necessary care to be provided to a termina11 ill patient for palliative care or medically necessan treatment of an illness or injury but not for cur nve care. 2. A provision that care will be reviewed and approved by the physician at least `very 60 days. ill 3 A prognosis of six months or less to live. 4 The concurrent opinion of the physician and the Plan Supervisor that hospice care will cost less in total than alternate treatment E0101 2!1194 Page 23 EXCLUSIONS TO HOME HEALTH AND HOME NURSING CARE AND HOSPICE CARE 1 Non - medical or custodial services except as specifically included as an eligible expense. 2. Meals on Wheels or similar home delivered food services. 3 Nutritional guidance. 4 Services performed by a member of the patient's family or household. 5 Services not included in the approved treatment plan. 6 Supportive environmental materials such as handrails, ramps, telephones, air conditioners or similar appliances or devices. SKILLED NURSING FACILITY OR REHABILITATION BENEFIT Rehabilitative services are provided when medically necessary to restore and improve function previously normal but lost due to illness or injury Benefits will also be provided for treatment of congenital anomalies for a newborn child covered from birth under this Plan or a previous Plan sponsored by this employer Eligible expenses incurred during a covered confinement in a skilled nursing facility or rehabilitation facility (Medicare approved or state certified) If the rehabilitation facility is part of an acute care hospital, it must be a separate specialized department and approved by the Plan Supervisor The maximum limitation for skilled nursing facility or rehabilitation benefit is 30 days per calendar year This benefit has a lifetime maximum of 120 days. The eligible expenses are the skilled nursing facility or rehabilitation facility charges - up to the limits shown in the Schedule of Benefits for the following services and supplies furnished while the patient requires 24 -hour care and is under continuous care of the attending physician. Room, board and other services and supplies furnished by the facility for necessary care (other than • personal items and professional services), - Use of special treatment rooms, - X -ray and laboratory exam t aeons. - Physical, occupational and speech therapy - Oxygen and other gas therapy This benefit is not provided for custodial care. PRESCRIPTION DRUGS Inpatient drugs are covered when administered to an individual for treatment of a covered illness or accident, while confined. Inpatient prescription drugs will be paid under Major Medical at S0% and are subject to the deductible. Outpatient prescription drugs are reimbursable through your PCS Plan. The following outpatient prescription drugs, if excluded from PCS, will be eligible for reimbursement under the Major Medical Plan when medically necessary for the treatment of an illness; Retin -A (for individual's over 26 years of age); Dexedrine (not covered for weight loss conditions); and birth control drugs (only when prescribed for the treatment of an illness) Retrovir (Zidovine. AZT, Audothymidine) or any other AIDS specific drugs are eligible under the Major Medical Plan when prescribed by a physician as part of an "Approved Treatment Plan." See definition of "Approved Treatment Plan" in the Definitions Section. Maternity vitaminq are covered when prescribed by a physician. Check with your PCS pharmacist about the maintenance prescription program. Prescription drugs for treatment of dental conditions are reimbursable through your PCS Plan. There is no prescription drug benefit under the Dental Plan. ALLERGY TREATMENT Eligible charges for the syringe and medication only will be payable as shown in the Schedule of Benefits. EO101 2/1194 Page 24 • PRE - ADMISSION TESTING Charges for tests ordered by the physician for the diagnosis and treatment of a condition and performed within 7 days prior to the scheduled hospital admission. Following the patient's admission to the hospital, the surgery must be performed within 48 hours. Claims should be clearly marked as "Pre- Admission Testing" for surgery, and must have a hospital admission date. Claims clearly marked "Pre- Admission Testing" will be paid at 100 %. If not marked, claims will be paid at 80 %. MAMMOGRAPHY AND PAP SMEAR TESTS Preventive mammograms are covered for female employees and spouses when recommended by a physician and done within the following guidelines: - one baseline mammogram for women age 35 through 40; - one mammogram each two years for women ages 40 to 50; - one mammogram each year for women age 50 and over A pap smear test and cervical examination will be provided once per year Mammograms and pap smear tests may be done as often as medically necessary to treat or diagnose an illness. Both benefits (mammography or pap smear test) will be paid at 80% as shown in the Schedule of Benefits. MATERNITY SERVICES el Benefits for maternit} care and services are available to a covered employee or spouse, but not to a dependent child. Pregi anc, and complrcauons of pregnancy (see below) will be covered as any other medical condition_ Hospital. surgical and medical benefits are available on an inpauent or outpatient basis for the following matern.tty semces. - normal delivery - 2 days allowed in the hospital, unless there are complications or the number of days authorized bv the liR Coordinator, - cesarean deliver, - 4 days allowed in the hospital. unless there are complications or the number of days authorized bv the LR Coordinator, - routine prenatal and postnatal care; and - treatment of complications of pregnancy Complications of Pregnancy Benefits are available to a covered employee or spouse for services rendered to treat the following complications of pregnancy 1 Hyperemesis gravidarnm (pernicious vomiting of pregnancy), eclampsia of pregnancy (toxemia with convulsions), severe antipartum hemorrhaging due to premature separation of the placenta for any reason. Postpartum hemorrhaging severe enough to require the transfusion of blood, missed abortion, or RH incompatibility requiring amniotic fluid tests, analysis for intrauterine fetal transfusion; or 2 Cesarean section for extrauterine pregaanc , or 3 Spontaneous terminanon of pregnancy which occurs during a period of gestation in which a viable III birth is not possible. 4 Bodily or mental disorder whose diagnosis is distinct from pregnancy but which is adversely affected by pregnancy or is caused by pregnancy, such as acute nephritis, nephrosis, cardiac decompensation. and similar medical and surgical conditions of comparable severity, or EO 10 i 211194 Pace 25 5 Therapeutic abortion necessary as part of the treatment of a severe bodily or mental disorder included in one above. • In no event shall the term Complication of Pregnancy include cesarean section delivery as an alternative to vaginal delivery after the 35th week of pregnancy, false labor, occasional spotting, physician prescribed rest, morning sickness, pre-eclampsia, or similar conditions associated with the management of a difficult pregnancy but not constituting a classifiably distinct complication of pregnancy NEWBORN NURSERY CARE BENEFIT Hospital charges incurred by a well newborn during the initial period of hospital confinement (as determined by the UR coordinator) will be covered as charges of the baby In addition, a circumcision performed in an outpatient setting within 30 days of the birth of the baby will be covered under this benefit. Charges for routine immunizations and examination will not be considered eligible expenses under this benefit. ELECTIVE STERILIZATION The Plan pays for certain elective sterilization procedures such as tubal ligation and vasectomies. These procedures shall be paid under the Major Medical benefits for covered employees and spouses. Eligible expenses under this Plan shall not include reversal or attempted reversal of these procedures. AMBULANCE ANCE Services of a licensed ambulance company for transportation to the nearest hospital where the required sera= is available, if other transportation would endanger the patient's health and the purpose of the transportation is • not for personal or convenience reasons. Benefits for licensed air ambulance service are subject to pre- authorization br the Plan Supervisor or the UR Coordinator and will be provided to the nearest hospital equipped to render the medrealh necessary treatment Pre - authorization is not required if it is a life threatening emergency INFUSION THERAPY BENLr 11 Inpatient and outpatient services and supplies for infusion therapy will be provided under the Major Medical benefits up to a maximum of S25,000, paid by the Plan, per calendar year The attending physician must submit, and periodically review, a written treatment plan that specifically describes the infusion therapy services and supplies to be provided_ The treatment plan must be approved in advance by the Plan Supervisor or the UR Coordinator Drugs and supplies used in conjunction with infusion therapy will be provided only under this benefit. REPLACEMENT OF ORGANS OR TISSUE Prior authorization by the Plan's UR Coordinator is required for all surgeries. See Pre - Authonzation/Utilization Review Section. Eligibility for benefits relating to a transplant are subject to the pre- existing waiting period under this Plan. A. The following procedures are payable on the same basis as an illness up to the lifetime maximum of the Plan or $150,000 whichrer is less. This maximum applies for each type of procedure (but not more than once for any one procedure) and to all charges incurred as a result of the transplant. 1. Cornea transplants 2. Cataract lens implant 3 Artery and vein transplants 4 Heart transplants 5 Heart and lung transplants E0101 2/1/94 Page 26 S 6 Liver transplants 7 Kidney transplants 8 Bone marrow transplants 9 Lung transplants B. Benefits for a donor are payable only in the absence of other coverage and chap not exceed a maximum payment of 55,000 Donor expenses are payable only when the organ recipient is covered under this Plan and are considered expenses of the recipient C. No benefits will be provided for the following: 1 Any procedure which has not been proven effective and is experimental or investigative. (see definition of experimental and investigative). This exclusion includes procedures relating to autologous and allogeneic bone marrow transplants or associated high -dose chemotherapy 2. Nonhuman, artificial, or mechanical transplants. 3 When donor benefits are available through other group coverage. 4 When government funding of any kind is available. 5 When the recipient is not covered under this Plan. 6 Lodging, food, or transportation costs. 7 Living (non - cadaver) donor transplants of the lung, liver, or other organ (except kidney) including selective islet cell transplants of the pancreas. DURABLE MEDICAL EOUIPMENT Benefits are provided for rental or purchase (if more economical in the judgment of the Plan Supervisor) of 40 medically necessary durable medical equipment. Durable medical equipment is equipment able to withstand repeated use, is primarily and customarily used to serve a medical purpose, and is not generally used in the absence of illness or injury The durable medical equipment must be prescribed by a physician for therapeutic use. and include the length of time needed, the cost of rental and cost of purchase prior to any benefits being paid. Examples include the following: crutches; iron lungs; wheelchairs; kidney dialysis equipment; hospital beds traction equipment; and equipment for ad ranistradon of ox Repairs or replacement of eligible equipment shall be covered when necessary to meet the medical needs of the covered panent. Benefits are not provided for certain equipment including, but not limited to, air conditioners. dehumidifiers, purifiers, arch supports, corrective shoes, heating pads. deluxe equipment such as motorized wheelchairs or beds, enuresis ( bed - wetting) training equipment, hearing aids, exercise equipment, whirlpool baths, orthotics, weights. or hot nibs. PROSTHETIC APPLIANCES Benefits are provided for purchase of prostheses for artificial replacement devices of a missing body part or a diseased part of the body Benefits will be payable for the first external and first permanent internal breast prosthesis following a mastectomy Also covered is a glass eye which is inserted following removal of a diseased eye. Benefits are not provided for cosmetic prostheses. OTHER MEDICAL SUPPLIES When prescribed by a physician, the following items: braces; surgical and orthopedic appliances; colostomy bags and supplies required for their use; catheters; syringes and needles when medically necessary for diabetes or allergic conditions: dressings when medically necessary for surgical wounds. cancer burns, or diabetic ulcers; and oxygen. BLOOD CHARGES • Charges made by a blood bank for processing of blood and its derivatives, cross- matrhing, and other blood bank services; charges made for whole blood, blood components, and blood derivatives to the extent not replaced by volunteer donors. B0101 2/1/94 Page 27 PHYSICAL THERAPY Services of a registered physical therapist when prescribed by a physician is subject to the Physical Therapy /Speech Therapy /Outpatient Rehabilitation combined benefit limitation shown in the Schedule of Benefits. SPEECH THERAPY Charges are covered when prescribed by a Physician and when necessary to restore a function lost or impeded due to illness or injury A treatment plan must be submitted and approved in advance by the Plan Supervisor or UR Coordinator This benefit is subject to the Physical Therapy / Spewh Therapy / Outpanent Rehabilitation combined benefit limitation shown in the Schedule of Benefits. OCCUPATIONAL THERAPY Charges are covered when prescribed by a Physician and when necessary to restore a function lost or impeded due to illness or injury A treatment plan must be submitted and approved in advance by the Plan Supervisor or UR Coordinator NEURODEVELOPMENTAL THERAPY SERVICES Benefits will be provided for medically necessary neurodevelopmemal therapy treatment to restore and improve function for children age six and under This benefit includes :maintenance services where significant detenorauon of the patient's condition would result without the service. The services of a physician, physical therapist, speech therapist, or occupational therapist will be provided in the home, office, hospital outpatient department. Inpauent hospital or skilled nursing facility expenses wil: elig b1e when care cannot be safely provided on an outpatient basis. The physician must submit a treatment plan to the Plan Supervisor for prior 41 approval and must periodically review the treatment plan. Benefits are payable, after the deductible, at a constant 80 %, (not appl e:l to the out of pocket maximum) and limited to a maximum of 54,000 paid by the Plan per calendar year :.: all services combined. Benefits for rehabilitative services or other treatment programs and this bene£. will not be available for the same condition. CHIROPRACTIC CARE Covered chiropractic services includes spinal manipulation, adjunctive therapy, vertebral alignment, sublu.xation, spinal column adjustments and other chiropractic tr, ment of the spinal column, neck, extremities or other joints, other than for fractures or surgery, provided by a licensed Chiropractor, MD or D 0 Examinations, associated laboratory and x -rav tests. and supplies such as a cervical collar, pillow, back brace, etc.) in connection with Chiropractic Care are subject to the chiropractic limit shown in the Schedule of Benefits. ALCOHOL AND DRUG ABUSE TREATMENT Benefits will be provided for services of a physician and/or an approved chemical dependency treatment facility for medically necessary inpatient and outpatient treatment of chemical dependency, including detoxification and supportive services. Eligible expenses for treatment of drug or alcohol abuse shall be paid according to the limitations shown in the Schedule of Benefits. The be :eats for a covered person under this Plan will be reduced by the amount of benefits paid by the prior P'.-_s sponsored by this employer in the immediately preceding 24 month period. • D .e IQ ii Treatment for drug and alcohol abuse includes: 1 Medical and psychiatric evaluations; 2. Inpatient room and board (includes detoxification); 3 Psychotherapy (indr idual and gro up), counseling (individual and group), behavior therapy, recreation therapy, family therapy (individual and group) for the patient and covered family members: 4 Prescription drugs prescribed by and administered while in an approved treatment facility, 5 Supplies prescribed by an approved treatment facility, except for personal items. Drug and alcohol abuse treatment does not include: 1 Personal items; 2. Items or treatment not necessary to the care or recovery of the panent; 3 Addiction to or dependency on tobacco, tobacco products or food. 4 Court- ordered servuos related to deferred prosecution, deferred or suspended sentencing, or to driving rights. Inpatient Treatment When inpatient drug or alcohol abuse treatment is recommended, the patient must first contact the Plan's UR Coordinator to pre - authorize admission. In addition to pre- authorization the following is required. 1 Treatment must be ordered in writing b) a physician or certified by the Plan's UR Coordinator, for ii• the entire length of time the patient is confined, 2 Under extenuating c rcumstances. such as emergency tnpatient alcohol and drug treatment, you must obtained authorization within 48 hours of admission by the Plan Supervisor or UR Coordinator Wnnen explanation of the extenuating circumstances should be submitted to support the need for the emergency admission. 3 The patient must complete the approved course of treatment in a hospital or an approved alcoholism or drug uemment facility as defined by the Plan. Outpatient Treatment If treatment is provided on an outpatient basis, then treatment must be provided by a physician as defined under tlus Plan. INPATIENT AND OUTPATLNT TREATMENT OF MENTAL DISORDERS Benefits will be provided for mental health care when treatment is rendered by any of the following: physicians; licensed clinical psychologists; accredited hospitals; state mental hospitals; or mental health agencies licensed by the state. Treatment of psychiatric conditions will be subject to the limitations shown in the Schedule of Benefits. Pre :mission authorization is required. Inpatient Treatment When inpatient mental disorder treatment is recommended. the pauent must first contact the Plan's UR Coordinator to pre - authorize admission. In addition to pre- authonzation the following is required. • 1 Treatment must be ordered in writing by a physician or certified by the Plan's UR Coordinator, for the entire length of time the patient is confined; BO101 '!1:94 Page 39 2 Under extenuating circumstances, such as emergency inpatient mental disorder treatment, you must obtained authorization within 48 hours of admission by the Plan Supervisor or UR Coordinator • Wntten explanation of the extenuating circumstances should be submitted to support the need for the emergency admission. 3 The pauent must complete the approved course of treatment in a hospital as defined by the Plan. 4 In the event that room and board charges are made during a psychiatric leave from an inpatient facility, a maximum of two days will be paid during any one leave with a limit of six leave days paid per confinement Outpatient Treatment If treatment is provided on an outpatient basis, then treatment must be provided by a physician as defined under this Plan. SMOKING CESSATION BENEFIT Nicorettes are covered up to a lifetime maximum of $50 00 DENTAL SERVICES Dental services provided by a dentist, oral surgeon, or physician, including all related hospital inpatient or outpatient charges, for only the following: 1 Treatment for accidental injunes to natural teeth or facial bones provided that the injury occurred while covered under this Plan. Treatment for up to 24 months from the date of the • accident for accidental injuries is provided under this Plan. Injunes caused by biting or chewing are not covered under the medical plan. 2 Extraction of teeth or other dental processes when adequate care can not be provided outside the hospital and when there is an underlying medical condiuon that requires hospitalization. PHOTOCOPYING Reasonable charges made by a provider for photocopies of medical records when the copies are requested by the Plan Supervisor shall be payable. HOSPITAL AUDIT AND CASE MANAGEMENT FEES Reasonable charges made by an audit and/or case management firm when the services are requested by the Plan Supervisor and approved by the participating employer shall be payable. SUPPLEMENTAL ACCIDENT EXPENSE BENEFIT This benefit is designed to supplement the Major Medical Expense Benefit and therefore is not subject to any deductible. All charges incurred by a Covered Person in connection with injunes sustained in or resulting from one accident and covered under this provision will be paid at 100% up to the maximum allowance stated in the Schedule of Benefits. Any portion of the charges exceeding such maximum allowable amount will be considered under the Major Medical Expense portion of the Plan subject to all Plan conditions, exclusions and limitations. The Plan will pay for benefits for the following when furnished for medical care to the Covered Person for accidental injuries, including but not limited to: A. Services and supplies (including room and board) furnished by a hospital for medical care in that hospital. 20101 2/1/94 Page 30 • B Doctor's services for surgical procedures and other medical care; Surgical Dressings; C 1� s; g D X -rays and laboratory examinations; E. Private duty nursing services by a registered nurse (R.N) or Licensed Practical Nurse (L.P.N.); F Drugs and medicines requiring the written prescription of a licensed physician; G Casts, splints, muses, braces and crutches; K Dentist's services for repair of injury to sound natural teeth. I. Ambulance service for local travel. The injuries must be sustained subsequent to the Covered Person's effective date Treatment must begin within 48 hours of the injury and the Person must be continuously covered under this Plan from the date of the injury Services and supplies must be ordered by a doctor AUDIT INCENTIVES If a covered employee or a dependent discovers an error in the provider's medical billing which is subsequently recovered or if the benefits payable are reduced due to the identification of the error the medical plan will • reimburse the covered individual 50% of the recovered or reduced amount up to $500 per incident. No benefit is payable for any errors made by the Plan Admunutrator in processing the claim. GENERAL EXCLUSIONS TO THE MEDICAL PLAN 1 Charles that are not for the medically necessary diagnosis. care or treatment of an accident or illness except as specifically provided for in this Plan. 2 Cosmetic surgery or related hospital admission, unless made necessary a) by an accidental injury while covered ulna this plan; b) for correction of congenital deformity within six years of birth if born while covered under this Plan, or if not born while covered by this Plan. after a penod of two years of coverage under this Plan, c) for reconstntctive surgery as necessary for the prompt treatment of a diseased condition while covered under this Plan; d) for reconstructive breast surgery following a covered mastectomy while covered by this Plan; or if the mastectomy was not done while covered by this Plan, after a period of two years of coverage under this Plan 3 Charges for or in connection with the treatment of the teeth, periodontium, periodontal disease, penapical disease or any condition (other than a malignant tumor) involving the teeth, surrounding nssue or structure, except for oral surgery for repair of accidental injury to sound, natural teeth while covered III under this Plan, or as otherwise provided heron. B0101 2/1/94 Page 31 4 Medical treatment of Myofacial Pain Dysfunction, Temporomandibular Joint Dysfunction (TMJ) and other jaw disorders and services directly attributable to the TMJ dysfunction will not be covered. Direct treatment to the teeth or periodontium shall be considered dental services and are excluded from the medical portion of this Plan, except as provided herein. 5 Services covered by or for which the employee is entitled to benefits under any Worker's Compensation or similar law 6 Services in a hospital owned or operated by the United States government or any government outside the United States in which the employee or dependent is entitled to receive benefits, except charges which are billed by the Veterans Administration or the Department of Defense of the United States, for services and supplies which are covered herein and which are not incurred during or as a result of service in the Armed Forces of the United States. 7 Charges that the employee is not legally required to pay for, or for charges which would not have been made in the absence of this coverage. 8 Charges that are in excess of the reasonable and commonly accepted fees; or that are not generally accepted medical procedures for the treatment of the diagnosed illness or injury 9 Charges that are reimbursed, or that are eligible to be reimbursed by any public program except as otherwise required by law 10 Pre - existing conditions except as provided herein. 11 provided Except rovided under the Drug and Alcohol Abuse Treatment, any medical treatment required because of the use of narcotics or the use of hallucinogens in any form unless the drug is prescribed by a physician. 12 Treatment made necessary by war, declared or undeclared, or any act of war An act of terrorism will not be considered an act of war, declared or undeclared. 13 Eyeglasses, contact lens, eye refractions or examinations for prescriptions or fining of eyeglasses, contact lens or charges for radial keratotomy, except as provided in the Vision benefits. 14 Charges or supplies with regard to hearing aids. 15 Routine services such as, but not limited to. routine physical exams, premarital exams, insurance exams. routine pap smears and routine mammograms except as specifically provided for herein. 16 Routine pediatric care of well newborns, except as specifically provided for herein. 17 Elective, voluntary abortions except in the case of incest, rape and congenital deformities of the fetus as determined by pre-natal testing unless otherwise, specifically provided for in the Schedule of Benefits. 18 Travel, whether or not recommended by a physician, except as proyided herein. 19 Sanitanum or rest cures. 20 Custodial care, except as specifically provided herein. Custodial care is care whose primary purpose is to meet personal rather than medical needs and which is provided by persons with no special medical sldlls or training. Such care includes, but is not limited to: helping a patient walk, getting in or out of bed, and taking normally self- administered medicine. The Plan Supervisor in conjunction with the Medical Case Manager shall determine based on reasonable medical evidence, whether care is custodial. 21 Treatment or services provided by anyone other than a physician operating within the scope of his License, as defined herein. .,,. .11 ,n , Page 32 0 22. Services considered to be experimental, investigational or generally non - accepted medical practices at the time thev are rendered. 23 Birth control medications or devices. 24 Hospital services performed in a facility other than as defined herein. 25 Services or supplies that are primarily educational in nature. 26 Organ transplant surgeries except for transplant surgery which is not considered experimental in nature and is specifically provided for herein. 27 Charges for suicide, attempted suicide, suicide gesture; or any intentionally self - inflicted injury or illness; or injuries self inflicted: a) while under the influence of alcohol, drugs, or other chemical substance, whether or not the patient was then capable of intending to inflict self- injury, b) while engaged in any activity which results in a felony conviction; or c) while performing any act of violence or unusual physical force, such as hitting an object or person with one's fist. 23 Expenses that are submitted more than one year after the date incurred. 4110 29 Charges for reversal or attempted reversal of sterilization. 30 Charges for sex change or for procedures to change one's physical characteristics to those of the opposite sex. 31 Charges for breast or penile implants except as provided herein. 32. Charges for any illegal treatment or treatment listed by the AMA as having no medical value. 33 Charges for vision analysis, therapy or training relating to muscular imbalance of the eye; orthoptics. 34 Upper or lower jaw augmentation or reduction procedures (orthognathic surgery), except in the case of a person covered continuously under this plan from birth. 35 Routine foot care procedures such as, but not limited to. trimming of nails, corns, calluses, or routine hygienic care, except when medically necessary for treatment of diabetes. Orthotic appliances for the feet, including but not limited to, heel lifts, foot pads, arch supports, corrective shoes, services or supplies for fallen arches, or other symptomatic complaints of the feet Impression casting of the feet for prosthetics and appliances. 36 Services or supplies for learning disabilities, marital, sexual or family counseling outreach, job training or other education or training services; treatment or classes to stop smoking except as specifically provided for in the Schedule of Benefits. 37 Charges associated with impotency, infertility, and procedures to restore fertility or to induce pregnancy, including but not limited to: corrective or reconstructive surgery, hormone injections; in -vitro fertilization, artificial insemination, gamma infra- fallopian transfer (G.LF T ). 38. Charges in connection with any injury or g • illness arising out of or in the course of any employment for wage or profit; or related to professional or semi - professional athletics, including practice. 39 Occupational therapy, except as specifically provided herein. B0101 2!1/94 Page 33 40 Milieu therapy (a treatment designed to provide a change in environment or a controlled environment). • 41 Hospital admission primarily for rehabilitative care including, but not limited to, speech and occupational therapy except as provided under the Major Medical Plan. Further, when the type of care rendered dunng a continuous period of hospital confinement develops into primarily rehabilitative care, that portion of the stay primarily for rehabilitative care is covered under this Plan as provided under the rehabilitation provisions in the Major Medical Plan. 42 Transportation by private automobiles or taxi service. 43 To the extent that benefits are payable under the terms of any automobile, medical, no fault, or cimitar contract insurance. 44 Treatment for obesity (excessive weight) including surgery or complications of such surgery, wiring of the jaw or procedures of similar nature. 45 Charges that are a result of any injury or illness incurred by a covered individual while that covered individual is participating in the commission of a felony 46 Charges for any injury to a covered individual sustained while driving a vehicle that is involved in an accident where the covered individual is found guilty of Drring While Intoxicated (under the influence of alcohol or illegal drugs). 47 Charges incurred for treatment or care by a Physician, R.N., L.P.V., licensed or certified practitioner if he or she is a relative, or treatment or care provided by any person who ordinarily resides with the covered individual. • Upon termination of this Plan, all expenses incurred prior to the termination of this Plan, but not submitted to the Plan Supervisor within 75 days of the effective date of termination of this Plan, will be excluded from any benefit consideration. rrnini 1n ,94 Page 34 PHARMACEUTICAL CARD SERVICE (PCS RECAP CARD BENEFIT PLAN #3184) "Legend Drugs" are those drugs which cannot be purchased without a prescription written by a physician or dentist. PAYMENT SCHEDULE PCS PLAN Legend drugs and insulin are payable up to the wholesale price less 10 %, and according to the Maximum Allowable Cost (MAC) program C, plus a professional dispensing fee as set by the Plan Administzator COPAYMENT A copayment is payable for each prescription filled according to the amounts shown in the Schedule of Benefits. DRUGS COVERED - Legend Drugs. Exceptions: See Exclusion list below - Insulin. - Disposable needles/svringes. - Disposable blood/urine/glucose /acetone testing agents (e.g. Chem strips. Acetest tablets, Clinitest tablets, Diasux strips and Tes -Tape) • - Treunotn, all dosage forms (e.g. Retn A), for individuals through age 25 years. - Compounded medication of which at least one ingredient is a prescnption Legend Drug. - Any other drug which under the applicable state law may only be dispensed upon written prescription of a physician or other lawful prescriber DRUGS EXCLUDED AND LLM TED This Plan does not cover - Contraceptives, oral or other, whether medication or device, regardless of intended use. - Anorectics (any drug used for the purpose of weight loss). - Dietary supplements. - Growth hormones. - Immnm7'tion agents, biological sera, blood or blood plasma. - Infertilit, medications. - Levonorgestrel (Norplant). - Minoxidil (Rogaine) for the treatment of alopecia. - Non - legend drugs other than those listed above. - Smoking deterrent medication containing nicotine or any other smoking cessation aids, all dose forms (e.g. Nicorettes, Nicoderm, etc.). Benefits may be provided for some of these items under the Major Medical section on page 30 - Tretinoin, all dosage forms (e.g. Retin -A), for individuals 26 years of age or older. - Vitamins singly or in combination. - Therapeutic devices or appliances, including support garments and other non - medicinal substances, regardless of intended use. Benefits may be provided for some of these items under the Major Medical section. - Charges for the administration or injection of any drug. • - Drugs labeled "caution - limited by federal law to investigational rise ", or experimental drugs, even though a charge is made to the covered individuaL B0101 211194 Page 35 \► - Medication which is taken by or administered to an individual, in whole or in part, while he or she is a pa 4114 tient in a licensed hospital, rest home, sanitarium_ extended care facility, convalescent hospital, nursing home or sunilar institution which operates on its premises, or allows to be operated on its premises, a facility for dispensing pharmaceuticals. Benefits may be provided for some of these items under the Major Medical section. - Any prescription refilled in excess of the number specified by the physician, or any refill dispensed after one year from the physician's original order DISPENSING LIMITATIONS The amount normally prescribed by a physician, but not to exceed a 30 day supply Check with your PCS pharmacist about the maintenance drug program BENEFIT LIMITATIONS Using your PCS Recap card when purchasing prescriptions and paying the applicable copavment, the Plan pays 100% of the balance due the PCS Recap Pharmacy direct to the pharmacy If the PCS card is not used by the covered individual at the time of the prescription purchase or the prescnpnon is purchased at a non - participating pharmacy, you must file a claim directly with PCS using a PCS claim form. When you do not use the PCS Recap card, the benefit is less because the prescription drugs cost more. When you submit a prescription claim to PCS, the charges which include (1) the copayment you would normally pas (2) the difference between the pharmacy retail pnce and the amount the pharmacy would have charged if the PCS Recap card was used, and (3) a handling fee. will be deducted from your total reimbursement BENt:.r l 1 S FOR EMPLOYEES AND DEPENDENTS WITHOUT A PCS RECAP CARD At the option of the Plan Administrator, any employee or dependent of an employee may be required to surrender their PCS Recap Card_ Prescription drugs that are reimbursed by the PCS program can be submitted to the Plan Supervisor (I-Lk) only during the initial period of eligibility prior to the enrollee's receipt of the first PCS card, or in the event the enrollee is required to surrender the PCS card. To claim this benefit, a receipt for the paid prescription with a Healthcare Management Administrators claim form must be submitted to HMA. HMA will reimburse eligible claims as if the PCS card had been used. That is: 100% reimbursement following the applicable copavment. BO101 2/1/94 Page 36 III DENTAL BENEFTTS For eligible employees and their eligible dependents covered under this section, the Plan will pay the dental benefits listed herein. Benefits are subject to the limitations shown in the Schedule of Benefits in addition to limitations shown in this section. Charges in excess of the reasonable and commonly accepted fees in the geographic area where treatment is rendered are not eligible under this Plan. OPTIONAL PREDETERMINATION OF BENEFITS Before beginning a course of treatment for which dentist's charges are expected to be S300 or more, you are encouraged to send a description of the proposed course of treatment and charges to the Plan Supervisor This information may be transmitted on a standard dental claim form available from the dentist. The Plan Supervisor will then determine the estimated benefits payable for the proposed treatment and advise the employee and the dentist before treatment begins. The estimate will allow both the patient and the dentist to know in advance what benefits will be payable by the Plan If desired, the estimate will also allow the patient to discuss the proposed treatment with another dentist and obtain a competitive opinion of needed treatment and the price for the treatment Please note that the estimate from the Plan Supervisor will be based on the coverage available at the time the estimate is given and will always be subject to the annual dental maximum benefit shown in the Schedule of Benefits. 40 DESCRIPTION OF BENEFITS incurred during a calendar The Plan pays for covered dental expenses that are g year on behalf of a covered Y individual for listed preventive dental care, treatment of dental disease, failing dental restorations and for injury to teeth not otherwise covered under a medical benefit. Plan benefits are subject to the coinsurance percentage and annual dental ma. -amum shown in the Schedule of Benefits. DEDUUI 113LE There is no deductible on Dental Benefits. CALENDAR YEAR MAXIMUM Not more than the Calendar Year Maximum shown in the Schedule of Benefits is payable under the Dental section for all dental expenses incurred by an individual in a calendar year, regardless of any interruption in coverage. COVERED DENTAL EXPENSES Covered dental expenses are the dentist's charges for the services and supplies listed below which meet all of the following tests: 1. They are necessary and customarily employed nationwide for the treatment of the dental condition. 2. They are appropriate and meet professionally recognized national standards of quality Benefits are determined by American Dental Association codes submitted on the itemized bills. The correct 0 American Dental Association code must be used to ensure the benefit is paid at the correct coinsurance level. BO101 2/1/94 Page 37 ALTERNATE TREATMENT If alternate services or supplies are used to treat a dental condition, covered dental expenses will be limited to the services and supplies which are customarily employed nationwide to treat the rirnrai condition and which are recognized by the profession to be appropriate methods of treatment in accordance with broadly aarpted national standards of dental practice, taking into account the patient's total current oral condition. TYPE I PREVENTIVE EXPENSES Only those Preventive services listed below are covered by the Plan. The following services and supplies are payable at the 100% coinsurance amount shown in the Schedtile of Benefits: VISITS AND X -RAYS 1 Preventive oral examinations during regular business hours limited to two visits per calendar year. 2. Prophylaxis (preventive t cleaning - American Dental Association Code 1110) limited to two treatments per calendar year 3 Topical application of fluonde limited to two treatments per calendar year 4 Dental x -rays: a. full mouth x -rays are limited to once each three years; b charges for bitewing x -rays alone are covered up to twice per calendar year TYPE II BASIC AND RESTORATIVE EXPENSES The following services and supplies are payable at SO% coinsurance as shown in the Schedule of Benefits. They include, but are not limited to. 1 Exuaction of teeth, oral surgery 2. Periodontal treatment to include root scaling, planing, periodontal splinting and periodontal cleaning. 3 Amalgam and composite restorations. Composite restoration is covered only on teeth anterior to the first molar If composites are used to restore a molar, the charge will be allowable up to the amoarnt of an amalgam restoration_ Stainless steel crowns are covered when necessary to restore: a primary tooth. 4 General anesthetic when medically necessary and administered in connection with oral surgery only Local anesthesia is included in the allowance for the procedure. 5 Endodontic treatment. 6. Special consultations and oral examinations related to Type II expenses by a specialist for case presentation when diagnostic procedures have been performed by a general dentist- 7 Emergency palliative examination and treatment including injection of antibiotics and after boars visits. S. X -ray and pathology when related to Type II expenses. 9 Repair or recementi.ng of crowns, inlays, bridgework or dentures or relining of dentures. • 10 Sealants for permanent teeth to prevent crevice decay 11 Space maintainers for premature loss of primary teeth. TYPE III PROSTHETICS and MAJOR EXPENSES The following services and supplies are payable at 50% coinsurance as shown in the Schedule of Benefits. 1 Study models related to Type III expenses. 2. Initial installation of partial or full removable dennires (including adjustments for the six month period following installation) to replace one or more natural teeth extracted while the individual is covered by this Plan. 3 Replacement of an existing partial or full removable denture by a new denture, or the addition of teeth to a partial removable denture. However, only replacements and additions that meet the "Prosthesis Replacement Rule" shown below will be covered. 4 Lab processed composite, ceramic (porcelain) or gold restorations and crowns, if initial placements. Porcelain crowns covered only on teeth anterior to first molar If replacement, then the original placement or crown must be five years old or older, as specified in the "Prosthesis Replacement Rule" 5 Initial installation of fixed bndgework to replace one or more natural teeth exiracted while the individual is covered by this Plan. • 6 Replacement of fixed bridgework by new bridgework. or the addition of teeth to existing fixed bridgework. However, only replacements and additions that meet the "Prosthesis Replacement Rule" will be covered_ 6 Prosthodonncs including bonded bridges. 7 Implants (fixture, abutment and crown) not to exceed the amount that would be allowed for fixed bridgework that would restore the missing teeth 8. Treatment of Myofacial Pain Dysfunction, Temporomandibular Joint Disorder, Bruxism and all occlusal adjustments will be payable at the 50% coinsurance level, up to a maximum of S300 paid per calendar year Expenses will also be applied towards the annual dental maxomirm shown in the Schedule of Benefits. Treatment includes, but is not limited to, occlusal adjustments, joint manipulations, splints, mouth guards and other appliances. THE PROSTHESIS REPLACEMENT RULE The Prosthesis Replacement Rule requires that replacements or additions to existing dentures or bridgework will be covered only if evidence satisfactory to the Plan Supervisor is furnished and that at least one of the following applies: a. The replacement or addition of teeth is required to replace one or more teeth extracted after the existing denture or bridgework was installed, and while the individual was covered by this Plan; b. The existing denture or bridgework cannot be made serviceable and was installed at least five years prior to its replacemen • c. The existing denture is an immediate temporary dentate and replacement by a permanent denture is required within 12 months from the date of initial installation of the immrrtiatP, temporary denture. BO101 2/1/94 Page 39 BENEFITS Al- t hlt TERM NATION OF COVERAGE Expenses incurred for a covered individual, after termination of the individual's coverage under this benefit 110 section, for any of the following items: - Dentures - Fixed bridgework - Crowns - Root Canal The above will be considered to be expenses incurred when treatment has started prior to termination of coverage, but only if the item is finally installed, delivered or completed no later than 30 days after termination of coverage. For dentures, treatment is considered started if impressions have been taken. For fixed bridgework or crowns, treatment is considered started when the teeth which will serve as retainers or support, or which are being restored, have been fully prepared to receive the item, and impressions have been taken. For root canal, treatment is considered started when the pulp chamber has been opened. ORTHODONTIC BENEFIT 411 The following services and supplies are payable at 50% of the reasonable and commonly accepted amount, and are limited to a lifetime maxunum benefit of 52,000 per covered individual, provided that the charge is incurred dung the time penod, as described below Charges of a dentist for services and supplies rendered to a covered individual in connection with orthodonnc treatment will be included as covered dental expenses, subject however, to the following. 1 All terms of this benefit section applicable to other types of dental treatment, except that any benefits payable will be at the rate shown in the Schedule of Benefits for covered dental expenses 2. The aggregate benefit payable for all orthodontic treatment rendered to an individual will not exceed the Orthodontic Maximum Benefit shown in the Schedule of Benefits regardless of any interruption in coverage. In addition to the above, charges shall only be eligible under this provision if the charges are actually made to the covered individual and if such charge is part of an orthodontic treatment plan which, prior to performance of the procedure, has been (1) submitted to the Plan Supervisor and (2) returned to the orthodontist, showing estimated benefits. An orthodontic treatment plan is an orthodontist's report, on a form satisfactory to the Plan Supervisor, which (1) provides a classification of the malocclusion or malposition, (2) recommends and describes necessary treatment by orthodontic procedures, (3) estimates the duration over which treatment will be complete, (4) estimates the total charges for such treatment and (5) is accompanied by cephalometric x- rays, study models, and other such supporting evidence as the Plan Supervisor may reasonably require. The total eligible charges scheduled to be made in accordance with an orthodontic treatment plan shall be considered to be made in monthly installments (except that the amount of the first installment shall be twin that of the others) over a period of time equal to the estimated duration of the orthodontic treatment plan. The first installment shall be considered to occur on the date on which the orthodontic appliances are inserted and/or active banding has been started, and subsequent installments shall be considered to occur at the end of each month thereafter. Page 40 BO101 2/1/94 40 Orthodontic treatment that began before the effective date of the individual's coverage will be considered a pre- existing condition. As such, no benefit is payable for expenses incurred for that treatment plan. Covered Expenses include the following: - X -rays - Extractions - Space maintainers - Appliances for tooth guidance - Appliances to control harmful habits - Retention appliances - Diagnostic procedures - Study models - Banding - Post treatment EXCLUSIONS and LIMITATIONS TO THE DENTAL PLAN Covered dental expenses do not include and benefits are not payable for 1 Charges for any dental services and supplies which are covered expenses in whole or in part under any other part of this Plan, or under any other plan of group benefits provided by the Company, whether or not benefits are payable under such section or plan as to such charges. • 2. Charges for treatment by other than a dentist except that scaling or cleaning of teeth and topical applicanon of fluoride may be performed by a licensed dental hygienist or dental assistant if the treatment is rendered under the supervision or the direction of the dentist and is in accordance with state law 3 Charges for services or supplies that are cosmetic in nature. 4 Charges for the replacement of a lost, missing or stolen prosthetic device. 5 Charges for any service or supplies which are for orthodontic treatment, except as specifically provided. 6. Charges for dentures, crowns, inlays, onlays, bridgework, splinting, other appliances or service, the primary purpose of which is to increase vertical dimension or restore occlusion, except as specifically provided herein. 7 Charges for precision or other elaborate attachments for any appliance. 8. Charges for congenital malformation. 9 Charges for sealants, except as provided under Type I benefits. 10. Treatment of Myofacial Pain Dysfunction or Temporomandibular Joint Disorder except as provided wider Type III benefits. 11 Any charges incurred for a partial or full removable denture or fixed bridgework, if involving replacement of one or more naniral teeth missing prior to becoming covered herein, unless the denture or fixed bridgework also includes replacement of a natural tooth which (1) is exacted while covered herein III extracted and (2) was not an abutment to a partial denture or fixed bridge installed within the immediately preceding 5 years. BO101 2/1/94 Page 41 12. Dental services started prior to the date the person became eligible for services under this Plan incl but not limited to charges incurred fora service to a covered person which is (1) an appliance, or modification of an appliance, for which a tooth was prepared before becoming covered herein, or (2) root canal therapy, for which the pulp chamber was opened prior to coverage herein. 13 Procedures to alter vertical dimension or restore occlusion except as covered under the MPD /IMJ section or rnriPr orthodontia benefits if provided herein. 14 Prescriptions are not covered under the Dental Plan. Dental prescriptions are paid under your Pharmaceutical Card Service (PCS) Plan. Rnuni 211/94 Page 42 VISION BENEFITS Vision benefits are payable according to the following scheduled maximums and are not subject to a deductible. Benefits are payable once during any calendar year for an EXAMINATION Benefits are payable for a PAIR OF LENSES with FRAMES and/or a PAIR OF CONTACT LENSES not to exceed $200 during any two consecutive calendar years. COVERED SERVICES Examination 100% S60 maximum per calendar year An eye examination consists of the inspection of internal and external appearance of the eye, eye movement, visual acuity, visual field, color vision, glaucoma and a refraction test, to assess whether glasses or contact lenses are necessary An eye examination must be completed by an Optometnst or Ophthalmologist Lenses and Frames AND /OR Contact Lenses 100% S200 maximum every two consecutive calendar years. • EXCLUSIONS TO '11±L VISION PLAN To assure coverage at a reasonable cost, and to prevent unnecessary use of services, the following exclusions have been incorporated. 1 Charges for special procedures. such as orthopucs or vision training, or for special supplies. such as nonprescription sunglasses and subnormal vision aids. 2. Spare glasses, a spare contact lens or lenses, or spare frames. 3 Replacement of lost, stolen or broken glasses, or contact lenses. 4 Drugs or medications of any kind. 5 Charges for services or supplies which are received while the individual is not covered. 6 Charges for any vision care services or supplies which are Included as covered expenses under any other benefit section included in this Plan, or under any other medical or vision care expense benefit plan carried or sponsored by the Company, whether benefits are payable as to all or only part of the charges. 7 Charges for vision care services or supplies for which benefits are provided under any worker's compensation law or any other law of irnilar purpose, whether ben. is are payable as to all or only part of the charges. 8. Charges for any eye examination required by an employer as a condition of a plovment, or which an employer is required to provide under a labor agreement. or which u required by any law or government B0101 2/1/94 Page 43 VISION BENEFITS AFTER TERMINATION OF COVERAGE Expenses incurred for lenses and/or frames within 30 days of termination of the employee's or covered dependent's coverage under the benefit will be considered to be covered Vision Care Expenses, but only if a complete eye examination, including refraction, was performed during the 30 day period immediately preceding the termination of coverage and while coverage was in force and the examination resulted in lenses being prescribed for the first time or new lenses required because of a change in prescription. BO101 2/1/94 Page 44 GENERAL DEFINITIONS • ACCIDENT / ACCIDENTAL INJURY - Shall mean a personal bodily injury to the employee or dependent effected solely through external violent and nnimentionaT means. All injnnes sustained in connection with one accident will be considered one Accidental Injury Accidental Injury does not include ptomaine poisoning, disease or infection (except pyogenic infection occurring through an accidental cut or wound). ALLOWABLE EXPENSE - The reasonable and commonly accepted amount of expenses, at least a portion of which is paid under at least one of any multiple plans covering the person for whom the claim is made. In no event will more than 100% of total allowable expenses be paid between all plans, nor will total payment by this Plan exceed the amount which this Plan would have paid as primary plan. APPROVED ALCOHOLISM OR DRUG TREATMENT FACILITY - For the purpose of treatment of alcohol or drug abuse, the definition of the term hospital includes any public or private treatment facility providing services for the treatment of alcoholism which has been licensed or approved as an alcoholism treatment facility by the state in which it is located. APPROVED TREATMENT PLAN - A written outline of proposed treatment that is submitted by the attending physician to the Plan Supervisor for review and approvaL BIRTHING CENTERS - An outpatient facility licensed in the jurisdiction where it is located to provide comprehensive birth services to individuals considered normal, low risk pandits. CALENDAR YEAR - The 12 months be January 1 and ending December 31 of the same year • CONTRIBUTORY - The employee is required to pay a portion of the cost to be eligible to participate in the Plan. COVERED PERSON OR LNDIVIDUAL - An emplovee. spouse or child who is eligible for benefits under this Plan. CL STODIAL CARE - Care or service which is designed essentially to assist a person in the activities of daily living. Such care includes, but is not limited to. bathing, feeding, preparation of special diets, assistance in walking, dressing, getting into or out of bed and supervision over taking of medication which can normally be self- artminictered. DEDUCTIBLE - The amount of expenses for covered serices that an employ= must pav, before the Plan will begin its coinsurance payments. DISABILI'T'Y - See Total Disability DONOR - A donor is the person who provides the organ for the recipient in connection with organ transplant surgery A donor may or may not be an employee or covered under the provisions of this Plan. EFFECTIVE DATE - The effective date shall mean the first day this Plan was in effect as shown in the Plan Specifications. As to the individual, it is the first day the benefits under this Plan would be in effect, after sausfaction of the waiting period and any other provisions or limitations contained herein. ELECTIVE SURGICAL PROCEDURE - A surgical procedure that need not be performed on an emergency basis because reasonable delay will not cause life endangering complications. III B0101 2/1/94 Page 45 EXPERIMENTAL OR INVESTIGATIVE - This Plan does not consider eligible for benefits any treatment, procedure, facility, equipment, drug, drug usage, device or supply which, at the time rendered, does not meet the cntena listed below 1 Approval has been granted by the Federal Food and Drug Administration (FDA), or by another United States governmental agency, for general public use for ueatment of a condition; or 2 It has been scientifically demonstrated by the medical profession to have efficacy in terms of: - When the prognosis for the patient's condition is terminal, that the treatment substantially extends the probabilities of the person's survival, or - When deterioration of a body system is progressive and reasonably certain to (or has) disabled or incapacitated the patient, that the treatment can be substantially expected to improve the probabilities of arresting the condition's progress for five or more years; or - When the body function has been lost by the patient, that the treatment has been shown to restore the body function to usefulness at least sixty percent of the time treatment has been utilized. Treatment must be ordered by an institution or provider within the United States that has scientifically proficiency directly in such treatment All services dly coved with a non - approved experimental or investigational procedure are not covered. HOMEBOUND - A patient is homebound when leaving the home could be harmful, involves a considerable and taxing effort and the patient is unable to use transportation without the assistance of another HOSPITAL - An institution accredited by the Joint Commission on Accreditation of Healthcare Organizations and which receives compensation from its patients for services rendered. On an inpatient basis, it is primarily engaged m providing the following: 1 Diagnostic and therapeutic facilities for the surgical and medical diagnosis, treatment and care of inured and ill persons. 2. Services performed In or under the supervision of a staff of physicians who are duly licensed to practice medicine. 3 Continuous twenty -four (24) hours a day nursing services by registered grades nurses. It is not, other than incidentally, a place for rest, or for the aged. For the services covered under this Plan and for no other purpose. inpatient treatment of mental illness or substance abuse, provided by any psychiatric hospital licensed by the State Board of Health or the Department of Mental Health, will be considered services rendered in a hospital as defined subject to the limitations shown in this booklet ILLNESS - The term illness means an illness causing loss while this Plan is in force as to the covered person whose illness is the basis of the claim. Illness shall also be deemed to include disability caused or contributed to by pregnancy, miscarriage. childbirth and recovery therefrom It shall only mean illness or disease which requires treatment by a physician. INCURRED CHARGE - The charge for a service or supply is considered to be incurred on the date it is furnished In the absence of due proof to the contrary, when a single charge is made for a series of services, each service will be considered to bear a pro rata share of the charge. INJURY - The term injury shall mean only bodily injury caused by an accident while tlx Plan is in force as to those injuries which require the covered person whose injury is the basis shall mean only of the claim. Injury Y treatment by a physician. A hernia shall be considered an illness, not an injury BO101 2/1/94 Page 46 • INPATIENT - Anyone treated as a registered bed patient in a hospital or other institutional provider LIFE ENDANGERING COir T)ITTON - An accident or sickness which requires immediate medical attention, without which death or serious impairment to a person's bodily functions could occur. LIFE ENDANGERING CONDITION OF PREGNANCY - A mother's condition due to pregnancy is considered Life Endangering when the attending physician and a second opinion physician attest, in writing, that the mother's life is in danger should the pregnancy go to full term. MANIFEST - Refers to that point in time where symptoms of a health condition are apparent, i.e. are felt, visible, etc., to such a point where an ordinary prudent person would have sought medical diagnosis or treatment. A health condition does not necessarily manifest itself at the time of diagnosis. MEDICAL CASE MANAGER / UTILIZATION REVIEW COORDINATOR - The individual or organization designated by the Plan Administrator to authorize hospital admissions and surgeries and to determine the medical necessity of treatment for which Plan benefits are claimed MEDICAL EMERGENCY - An illness or injury which is life threatening or one that must be treated promptly to avoid senous adverse health consequences to the covered person. MEDICALLY NECESSARY - Medical services and/or supplies which are absolutely needed and essential to diagnose or treat an illness or injury of a covered employee or dependent while covered by this Plan. The following cnteria must be met. The treatment must be: 1 Consistent with the symptoms or diagnosis and treatment of the covered person's condition; and • 2 Appropriate with regard to standards of good medical practice; and 3 Not solely for the convenience of the covered person, family members or a provider of services or supplies; and 4 The least costly of the alternative supplies or levels of service which can be safely provided to the covered person. When specifically applied to a hospital inpatiez . it further means that the service or supplies cannot be safely provided in other than a hospital inpatient setting without adversely affecting the covered person's condition or the quality of medical care rendered. MEDICARE - The programs established by Title XVIII of the U.S. Social Security Act as amended and as may be amended. entitled Health Insurance for the Aged Act. and which includes Part A - Hospital Insurance Benefits for the Aged.; and Part B - Supplementary Medical Insurance Bents for the Aged. NON - EMERGENCY HOSPITAL ADMISSION - A hospital admission (including normal childbirth) which may be scheduled at the convenience of a person without endangering such person's life or without causing serious impairment to that person's bodily functions. ORDER OF BENS 11 S DETERMINATION - The method for ascertaining the order in which the Plan renders payment hereunder. The principle applies when another plan has a Coordination of Benefits provision. ORTHOTICS / ORTHOSIS - An orthopedic appliance or apparatus used to support, align, prevent or correct deformities or to improve function of movable parts of the body OUTPATIENT SURGICAL FACILITY - A licensed surgical facility, surgical suite or hospital surgical center • in which a surgery is performed and the patient is not admitted for an overnight stay I BO10 2/1194 Page 47 PHYSICIAN - The term physician means a Doctor of Medicine (M.D ), Doctor of Naturopathy (ND) or Doctor of Osteopathy (D 0) who is legally qualified and licensed without limitation to practice medicine, surgery, or obstetrics at the time and place service Ls rendered. For services covered by this Plan and for no other purpose, doctors of dental surgery, doctors of dental medicine, doctors of podiatry or surgical chiropody, optometnsts, chiropractors and licensed health service providers in psychology are deemed to be physicians when acting within the scope of their license for services covered by this Plan. Registered Physical Therapists, Registered Speech Therapists, Occupational Therapists, Registered Nurses (RN) and Licensed Practical Nurses (LPN) will be covered under this definition when prescribed by a medical doctor (M.D ). A Licensed Masters in Social Work (MSW), Licensed Masters of Arts (M.A.), or Licensed Masters of Counseling (MC.) who is licensed by the state and performing services within a state licensed facility will be covered under this definition when prescribed and reviewed by a medical doctor (MD ). A Licensed Midwife or Nurse Practitioner who is licensed by the state to perform services for which benefits are provided under the Plan, and who acts within the scope of such license is included in the term "physician" PLAN - Shall mean the Benefits described in the Plan Document PLAN ADMINISTRATOR - The person, group or orpani7anon responsible for the day to day functions and management of the Plan. The Plan Administrator may employ persons or firms to process claims and perform other Plan connected services. The Plan Administrator is as shown in the Plan Specifications. PLAN DOCUMENT - The term "Plan Document' whenever used herein shall, without qualification, mean the document containing the complete details of the benefits provided by this Plan. The Plan Document is kept on file at the office of the Plan Administrator PLAN SUPERVISOR - The person or group providing administrative services to the Plan Administrator in connection with the operation of the Plan and performing such other function& including processing and payment of claims. as ma\ be delegated to it by the Plan Administrator PLAIN YEAR - The term „ Plan Year' means an annual period beginning on the effecnve date of this Plan and ending twelve (12) calendar months thereafter or upon termination of the Plan, whichever occurs earliest PRE - EXISTING CONDITION - Based upon the time limits this is a condition for which the employee or dependent received medical advice or treatment; or symptoms existed which would ordinarily cause a prudent person to seek medical advice or treatment; or the condition had manifested itself. PREGNANCY - The term "pregnancy” means the condition of being pregnant and all conditions and/or complications resulting therefrom. Pregnancy is covered the same as an illness. PRIMARY CARE PHYSICIANS - When specified in the Schedule of Benefits, these are Physicians (usually general practice, family practice, pediatrics, infernal medicine and OB /GYN physicians) designated by the Preferred Provider Org ni7atinn who are eligible to coordinate patient care and make referrals to Specialist Physicians. If specified in the Schedule of Benefits, all care must be coordinated by the Primary Care Physician in order to be payable at Preferred Plan Benefits. PROOF OF GOOD HEALTH - Evidence satisfactor• to the Plan Administrator that an applicant for coverage is in good health and does not have any significant medical condition. REASONABLE AND COMMONLY ACCEPTED FEE - A reasonable fee that is commonly accepted as payment for a given service by physicians or suppliers of services in a geographical area. B0101 2/1/94 Page 48 RECIPIENT - The recipient is the person who receives the organ for transplant from the organ donor The • recipient shall be an employee or dependent covered under the provisions of this Plan. Only those organ transplants not considered experimental in name and specifically come ed herein are eligible for coverage under this Plan. RELATIVE - When used in this document shall mean a husband, wife, soli, daughter, mother, father, sister or brother of the employee or any covered dependent ROOM AND BOARD CHARGES - The institution's charges for room and board and its charges for other necessary institunonal services and supplies, made regularly at a daily or weekly rate as a condition of occupancy of the type of accommodations occupied. SECOND SURGICAL OPINION - The second opinion of a physician or surgeon to determine the medical advisability of a person undergoing a planned surgical procedure. If the second opinion does not confirm that the planned surgical procedure is medically advisable, then Second Surgical Opinion shall aLso mean and include a third surgical opinion. SEMI- PRIVATE RATE - The daily room and board charge which an institution applies to the greatest number of beds in its semi- pnvate rooms containing 2 or more beds. If the institution has no semiprivate rooms, the semi-private rate will be the daily room and board rate most commonly charged for semi- private rooms with two or more beds by similar institutions in the area. The term "area" means a city, a county, or any greater area necessary to obtain a representative cross section of similar institutions. SKILLED NURSING / REHABILITATION FACILITY - An insutunoa. or a distinct part of an institution meeting all of the following tests: • - It is licensed to provide and is engaged in providing, on an inpatient basis. for persons convalescing from injury or disease, professional nursing services rendered by a registered graduate nurse (RN) or by a licensed pracncal nurse (LPN) under the direction of a registered graduate nurse, physical restoration services to assist patients to reach a degree of body funcnoning to permit self -care in essential dal\ living activities. - Its services are provided for compensation from its patients and patients are under the full-time supervision of a physician or registered graduate nurse (RN) - It provides 24 hours per day nursing services by a licensed nurse, under the direction of a full-time registered graduate nurse (RN). - It mainiainc a complete medical record on each patient - It has an effective utilization review plan. - It is not, other than incidentally, a place for rest, the aged, drug addicts, alcoholics, the mentally handicapped, custodial or educational care, or care of mental disorders. SPECIALIST PHYSICIANS - A physician whose practice is limited to a particular branch of medicine or surgery, especially one who, by virtue of advanced training, is certified M a specialty board as being qualified to so limit his practice. When specified in this booklet these are physicians designated by the Preferred Provider Organi7auon who are not eligble to coordinate care or make rrferraLs to other Specialists or Primary Care Physicians. When specified in this booklet, these physicians may only be seen on a referral basis when you are seeking Preferred Plan Benefits. SPOUSE - The man or woman to whom the employee is legally married; not including a common -law II) marriage. t BO101 2/1/94 Page 49 SUMMARY PLAN DESCRIPTION - The document containing a summary of the benefits provided i nr1Pr the Plan. In the event of a discrepancy between the summary and the Plan Document, the provisions stated in the Plan Document will control. 0 SURGICAL PROCEDURE - A surgical procedure means cutting, suturing, treating burns, correcting a fracture, reducing dislocation, manipulating a joint under general anesthesia, electrocatne icing, paracentesis, applying in plaster casts, administering pneumothorax, endoscopy, injecting sclerosing solution, arthroscopic procedures or urethral dilation. TOTAL DISABILITY AND DISABLED - The terms total disability and disabled mean for the a) employee - his inability to engage, as a result of accident or illness, in his normal occupation with the Participating Company on a full time basis; b) dependent - his inability to perform the usual and customary duties or activities of a person in good health and of the same age and sex. TREAT;viENT - Any service or supply used to evaluate, diagnose or remedy a condition of an employee or his covered dependents. TREATMENT PLAN - A written outline of proposed treatment that is submitted by the attending physician to the Plan Supervisor or the UR Coordinator for review and approval. • Page :0 BO101 2/1/94 SPECIAL, PROVISIONS 411 I. LEOFF I EMPLOYEES Leoff I employees, defined as Law Fnforcement Officers and Firefighters hired prior to October 1, 1977, who are not eligible for Washington State Industrial Compensation, are eligible for the following special benefits' 1 Eligibility date is date of hire. 2 The Major Medical Deductible will bc waived. 3 Major Medical charges shall not be subject to reasonable and customary limitations as defined elsewhere in ibis lseeldet, except few s; ml- pel.hlt WWII MO Wald. 4 The co-Insurance level for medical coverage will be 100% (the 20% payment on covered charges by the employee is waived) 5 Occupational injuries are covered. 6 The lifetime %Nor Medical maximum Hilt bc $1,000,000 7 Upon retirement, medical coverage is continued without any premium contribution requirements for lifetime. 8. Upon disability retirement, medical coverage is continued without premium contribution requirements for the disabled employee. 9 Retirees may elect to cover their eligible dependents for medical insurance (provided such dependents were enrolled prior to retirement) upon payment of appropriate premium contribution until the spouse reaches age 65 or when a dependent no longer meets the definition of an eligible dependent. NOTE.: LFOFF 1 employees' Dental and Vision Care benefits are subject to the schedules and limitations as described elsewhere in this booklet. LEOFF I employees' dependents are subject to the schedules and limitations as described herein with respect to Major Medical Coverage, Vision and Dental Care coverage. 11. RCW 41.20 ACTIVE AND RETIRED EMPLOYEES Employees who were hired prior to October 1, 1977 and who are under the retirement system RCW 41.20 are eligible for the following special benefits; 1 Eligibility date is date of hire. 2 The Major Medical Dedueiibtc will be waived. 3 Major Medical charges will not be subject to resonable and customary limitations as defined elsewhere in this Plan, except for semi - private room and board. 4 The coinsurance level for medical coverage will be 100% (the 20% payment on covered charges by the employee is waived) 5 Occupational injuries are covcrod. BO101 4/1/94 Page Si 6 The lifetime Major Medical maximum will be $1,000,000 7 Upon retirement, medical coNerage Is continued without any premium contribution required for life. 8 Upon disability retirement, medical coaeragc is continued without premium contribution requirements for the disabled employee. 9 Retirees may elect to cover their eligible dependents for medical insurance (provided such dependents were enrolled prior to retirement) upon payment of the appropriate premium contribution until the spouse reaches age 65 or dependent no longer meets the definition of an eligible dependent. 10 Retirees may slat Vision Care Benefits for themselves upon payment of the appropriate premium contribution until the employee reaches age 65 NOTE: RCW 41 20 employees' Vision Care Benefits arc subject to the schedules and limitations as described elsewhere in this Plan. These special benefits are not available to RCW 41 20 employees' dependents and are subject to the schedules and limitations ns described herein with respect to Major Medical Coverage and Vision Care Coverage 80101 4/1/94 Page 52 GENERAL PROVISIONS • VOCEDURFS FOR FILING A CLAIM 1 You may ask your provider to bill DA directly Your provider should submit complete, itemised bills. An itemised bill is one that shows a patient's name, date of service, the type of service rendered, charge for each service, provider's name, address, Federal Tax ID number and the nature of the accident or illness being treated. Providers frequently request that you assign the benefits to them, however, if you have paid the bill or want the benefits sent to you, this should also be noted on the bill. 2. To submit a claim for payment yourself, you should complete a claim form and attach an itemi/ed bill and send it to the address shown on the claim form. See your employer for claim forms. If you wish your benefits paid directly to the provider, sign the assignment ofbenefits section. A separate claim fora' should be submitted for each family member 3 All claims for reimbursement must be submitted within one year of the date incurred. QpPEAT TNG A CLAIM If your claim is denied in whole or in par(, you will receive written notification delivered in the same fashion as reimbursement for a claim. An Explanation of Benefits will be provided by the Plan Supervisor showing the calculation of the total amount payable, charges not payable, and the reason. If additional information is needed, you may be requested to pros ide the information prior to payment of your claim. You may request a review by filing a written application with the Plan Administrator On receipt of a written request for review of a claim, the Plan Supervisor will review the claim and fun) ' copies of all documents and all reasons and facts relating to the decision. You or your authorized represent twe may examine pertinent documents (except • AS Information may be contained therein which the "physicia, does not wish made known to the claimant) which the Plan has and you may submit your opinion of the issues and your comments in writing Requests ( review must be filed within 120 days after denial Is received; however, we must it be filed taro` whcrncr,possible, Decision by the Plan Supervisor will be made within 60 days unless special circumstances require extension This decision will also be delivered to you in writing setting forth specific references to the pertinent Plan provisions upon which the decision is based. This decision will be final AD.MT I,S:i RATION OF THE GROUP mrDJCAL PLAN The Plan is adrninistered through the Plan Administrator The Plan Administrator has retained the ser' ices of an independent Plan Supervisor experienced in claims processing. Legal notices may be filed with, and legal process served upon the Plan Administrator CONDITIONS PRFC1- .0EN..1'O THE PAYMENT OF BENEFITS The employee or dependent shall present the "Plan" identification card to the provider of service upon admission to a hospital or upon receiving service from a physician. Written proof of the nature and extent of sea ice performed by a physician or other provider of service shall be furnished to the Plan Supervisor within one year after the service was rendered. Claim forms are available through the Plan Supervisor, and are required along with an itemized statement with a diagnosis, the employee's name and Social Security number and the name of the Plan Administrator or the Participating Group. III ,_. , ..,-,,, BO101 4/1/94 Page 53 The employee and all dependents agree that in order to receive benefits hereunder, any physician, nurse, hospital or other provider of service, having rendered service or being in possession of information or records relating thereto, is authorized and direena.1 to furnish the Plan Supervisor, at any time, upon request, any and all such information and records, or copies thereof. The Plan Supervisor shall have the right to review these records with the Plan's Insurance Company and with any medical consultant or with the Medical Case Manager as needed to determine the medical necessity of the treatment being rendered, ERIVII.F.GFS AS TO DEPENDENTS The employee shall have the privilege of adding or withdrawing the name or names of any dependent(s) to or from this coverage, as permitted by the Plan, by submitting to the Plan Administrator an application for reclassification on the enrollment form furnished by the Plan Supervisor Each dependent added to the coverage shall bc subject to all conditions and limitations contained in this Plan. APPLICATION AND IDENTIFICATION CARD To obtain coverage, an eligible employee must complete and deliver to the Plan Administrator an application on the enrollment form supplied by the Plan Supervisor Acceptance of this application will be evidenced by the delivery of an identification card showing; the Employee's name, by the Plan Supervisor to the Plan Administrator SUMMARY PLAN DFSCRIPTION This document is the Summary Plan Description. CANCELLATION • An employee may cancel dependent coverage by giving written notice to the Plan Administrator who wi ll notify the Plan Supervisor In the event of the cancellation of this Plan, or the cancellation of the Participating Group's participation in the Plan, all employee's and dependent's coverage shall cease automatically without notice Employees and dependents shall not be entitled to further coverage or benefits whether or not any medical condition was covered by the Plan prior to termination or cancellation. The Plan niay be cancelled or terminated subject to the City of Yakima's Health and Welfare Benefit Plans By- laws. Upon termination of this Plan, or the cancellation of the Participating Group's participation in the Plan, all claims incurred prior to termination, but not submitted to the Plan Supervisor within 75 days of the effective date of termination of this Plan, will bc excluded from any benefit consideration. ASSIGNMENT OF PAYMENT The Plan will pay any benefits accruing under this Plan to the employcc unless the employee shall assign benefits to a hospital, physician or other provider of service furnishing the scrviees for which benefits are provided herein. No assignment, however, shall be binding on the Plan unless the Plan Supervisor is notified in writing of such assignment prior 10 payment hereunder Preferred Providers normally bill the Plan directly If service has been recei‘'ed front a Preferred Provider, benefits are automatically paid to that provider Any balance due after the Plan payment will then be billed to the patient by the Preferred Provider 4111 BO101 4/1/94 Page 54 A1ENDMENT OF PLAN DOCUMENT The Plan Administrator may terminate, modify or amend the Plan in accordance with the City of Yakima's 0 Health and Welfare Benefit Plans By -laws. Such termination, amendment or modification which affects covered employees and their dependents will be communicated to the employees. The amended. Plan Benefits shall be the basis for determining all Plan payments for all expenses incurred on or aticr the effective date of such amendment. Plan payments made under the Plan prior to amendment shall continue to be included as Plan pay mcnis in determining the total benefits remaining toward satisfaction of any benefit maximums calculated. on either a Plan year, calendar year or lifetime basis. j4lOT10E Any notice given under this Plan shall be sufficient, if given to the Plan Administrator when addressed to it at its office, if given to the Plan Supervisor, when addressed to it at its office; or if given to an employee, when addressed to the employee at his address as it appears on the records of the Plan Supervisor on the cmployas enrollment form and any corrections made to it. COORDINATION OF 13LNLTHIS Definitions. The term "allowable expense" shall mean the reasonable and customary amount of expenses, at least a portion of which is paid under al least one of any multiple plans covering the person for whom the claim is made. in no event will more than 100% of total allowable expenses be paid between all plans, nor will total pay nment by this Plan exceed the amount which this Plan would have paid as primary plan. The tern "order of benefits determination" shall mean the method for ascertaining the order in which the Plan 40 rend. rs payment hereunder The principle applies when another plan has a Coordination of Benefits pro\ ision. Application Under the order of benefits determination method, the plan which is obligated to pay its benefits first is known as the "primary" plan. The plan which is obligated to pay additional benefits for allowable expenses not paid by the primary plan is known as the "secondary" plan. Where another plan contains a Coordination of Benefits provision, the following order of benefits determination will establish the responsibility for payment hereunder 1 The plan covering the patient as an employee shall be deemed the primary plan and is obligated to pay before the plan covering the patient as a dependent. 2 The plan covering the patient as a dependent of the person whose birthday occurs earlier in the calendar year shall be deemed to be the primary plan and is obligated to pay before thc plan covering the patient as a dependent of the person whose birthday occurs later in the calendar year If the birthday anniversaries are identical, thc plan which has been in force the longer period of time shall be deemed to be primary If either plan is lawfully issued in another state or in this state and does not have the coordination of benefits procedure regarding dependents based on birthday anniversaries as provided herein, and as a result each plan determines its benefits after the other, the Coordination of Benefits procedure set forth in the plan which does not have the Coordination of Benefits procedure based on birthday anniversaries shall be primary In the event of divorce or legal separation, the following order will establish responsibility for • payment. if this order of benefit determination is not recognized by the plan being coordinated with, order will be determined at time option of the Plan Supervisor on a case -by -case basis. BO101 4/1/94 Page 55 a. If a court decree has determined financial responsibility for a child's health care expenses, the plan or the parent having that responsibility' pays tint. b. The plan of the parent with custody of the child pays before the plan of the other parent or the • plan of any stepparent c. The plan of the stepparent married to the parent with custody of the child pays before the plan of the parent not having custody 3 Where the order of payment cannot be determined in accordance with (1) and (2) above, the primal) plan shall be deemed to be the plan which has covered the patient for the longer period to time As the primal) plan, the Plan will provide payment in accordance with the provisions of this Plan. As a secondary plan, the Plan will provide payment for allowable expenses and services of physicians, but only to the extent that payment for such allowable expenses and services of physicians are not provided by the primary plan or other secondary plans. The difference between the amount which the Plan would have paid as primary plan and the amount which was actually paid as secondary plan through the application of the Coordination of Benefits provision on a given claim will accrue to the credit of the individual patient only for the remainder of the calendar year It is, therefore, availabh. in an amount not to execed that which would have been payable by the Plan as primary plan, to pay for allowable expenses and services ofphysicians, subsequently incurred which may not be paid in full by the primary and secondary plans (that is, payable from Coordination of Benefits savings) This Plan shall be considered to be the secondary plan when the other plan does not contain a Coordination of Benefits provision. The total payment by this Plan for allowable expenses and physician's services shall not exceed the amount which would have been paid as a secondary plan, • Benefits under this Plan shall not be reduced or otherwise limited because of the existence of another non - group contract which is issued as a hospital indemnity, surgical indemnity, specified disease or other plan of disability coverage A health maintenance organization is not required to pay claims or coordinate benefits for services which arc not pro\ ided or authorized by the health maintenance organisation and which are not benefits under the health maain iota n a contract. In states which mandate medical payments under no fault" auto insurance, this Plan will be secondary and will coordinate benefits with "no fault" auto insurance. SUBROGATION In the event of any payment for services under this Plan, the Plan shall, when such payments exceed $300, be subrobated to an the rights of recovery of the employee or dependent arising out of any claims or cause of action which may accrue because of the alleged negligent conduct of a third party Any such employee or dependent hereby agrees to reimburse the Plan up to the full amount of Plan payments paid for any benefits hereunder out of any monies recovered from such third party as the result of judgment, settlement or otlremise, whether such recovered monies satisfy' in full, or only in part, a judgment or settlement obtained by such employee or dependent, and such employee or dependent hereby agrccs to take such action, to furnish such information and assistance, and to execute and deliver all necessary instruments as the Plan may require to facilitate the enforcement of their rights. This provision shall not apply, however, to a recovery obtained by an employee or dependent from an insurance company on a policy under which such employee or dependent is entitled to indemnity as a named person. B0101 4/1/94 Page 56 ICE Medicare • as used in this section shall mean Title XVIII (Health insurance for the Aged) of the United States 411 Social Security Act, as added to by the Social Security Amendments of 1965, the Tax Equity and Fiscal Responsibility Act of 1982, or as later amended. Person - as used in this section mums a person who Is eligible for benefits as an employee in an eligible class otthis Plan and who is or could be covered by Medicare Parts A and B, whether or not actually enrolhxl. Eligible Expenses - As used in this section with respect lo services, supplies and treatment shall mean the same benefits, limits and exclusions as defined in this Plan Document. However, if the provider accepts Medicare assignment as payment in full, then Eligible Expenses shall mean the lesser of the total amount of charges allowable by Medicare, whether enrolled or not, and the total eligible expenses allowable under this Plan exclusive of coinsurance and deductible, Order of Benefits Determination • as used in this section shall mean the order in which Medicare benefits are paid, in relation to the benefits of this Plan. Total benefits of this Plan shall be determined as follows. Acth a Employee age 65 or older For active employees and/or non - working spouses of active employees age 65 or over This Plan will be primary and Medicare will be secondary Disabled Employees with Medicare (Except those with End -Stage Renal Disease) 0 For persons eligible for Medicare by reason of Disability thc order of determination will be as shown below If employed by a company with 100 or more employees: This Plan will be primary and Medicare will be secondary The employer will remain the primary payor of medical benefits until the earliest of the following events occurs. (1) the group coverage ends for all employees; (2) the group cover as an active individual ends, 1j employed by a company with less than 100 employees. This Pian will be secondary and Medicare will be primary The Omnibus Budget Reconciliation Act of 1986 defnes a large group health plan as one that covers employees of at least one employer that 'normally employed at least 100 employees on a typical business day during the pre\ sous calendar year " A "typical busing day' is defined as 50 percent or more of the employer's regular business days during the previous calendar year Disabled Employees with End -Stage Renal Disease (ESRD) This Plan shall be primary during the initial 18 montli period which begins on the date of Medicare Entitlement ESRD Medicare Entitlement begins on thc fourth month of renal dialysis, but can start as early as the first month of dialysis for individuals who take a course in self - dialysis training during the three month waiting period. III BO1o1 4/1/94 Page 57 Retirees with Medicare For covered persons who are not active employees age 65 or over, and that are eligible for Medicare by reason of age alone, this Plan will be secondary and Medicare will be primary The following formula shall be used in determining the total payable under this Plan as secondary payor during each claim submission. COORDINATION - The regular Coordination of Benefits provision of this Plan applies in relation to the amount Medicare pays as primary payor LACII.iTY OF PAYMENT If, in the opinion of the Plan Supervisor, a valid release cannot be rendered for the payment of any benefit payable under this Plan, the Plan Supervisor may, at its option, make such payment to the lndividiwals as have, in the Plan Superisor's opinion, assumed the care and principal support of the covered person and are therefore equitably entitled thereto. In the event of the death of the covered person prior to such time as all benefit payments due him have been made, the Plan Supervisor may, at its sole discretion and option, honor benefit assibmments, if any, prior to the death of such coscred person. Any payment made by the Plan Supervisor in accordance with the above provisions shall fully discharge the Plan and the Plan Supervisor to the extent of such payment. REPRESENTATION Any material misrepresentation on the part of the Plan Administrator or the employee in making application for cov crai;e, or any application for reclassification thereof, or for service thereunder shall render the coverage null and void. jtADVCR I'FNT ERROR Inadvertent error by the Plan Administrator in the keeping of records or in the transmission of employee's applications shall not deprive any employee or dependent of benefits otherwise due, provided that such inadvertent error be corrected by the Plan Administrator within ninety (90) days after it was made EZFF CHOICE OF PHYSICIAN The employer and dependents shall have free choice of any licensed physician or surgeon, and the physician - patient relationship shall be maintained. NOT LIABLE FOR AC1'S OF HOSPITALS, PHYSICIANS OR THE MEDICAL CASE MANAGER / UTILIZATION REVIEW COORDINATOR Nothing contatned herein shall confer upon an employee or dependent any claim, right, or cause of action, either at law or in equity, against the Plan for the acts of any hospital in which he retches care, fur the acts of any physician from whom he receives service under this Plan, or for the acts of the Medical Case Manager / Utilization Review Coordinator in performing their duties under this Plan. RIGHT OF RECOVERY Whenever payments have been made (or benefits have been quoted) by the Plan Supervisor in excess of the maximum amount of payment necessary at that time to satisfy the intent of this Plan, the Plan Supervisor shall have the right to recover such payment (or avoid making such payment), to the extent of such excess, from among one or mono of the following as the Plan Supervisor shall determine any persons to or fur, ur with respect to whom such pay menta were made, and/or any Insurance companies and other organizations. BO101 4/1/94 Page 58 PLAN IS NOT A CONTRACT OF EMPLOYMENT The Plan shall not be deemed to constitute a contract of employment berween the Plan Administrator or • Participaung Company and any employee or. to be a consideration for, or an inducement to or condition of the employment of any employee. Nothing in the Plan shall be deemed to give any employee the right to be retained in the service of the Plan Administrator or Participating Company or to interfere with the right of the Plan Administrator or Participating Company to discharge any employee at any time; provided however, that the foregoing shall not be deemed to modify the provisions of any collective bargaining agreements which -may be made by the Plan Administrator or Participating Company with the bargaining representative of any employees. FUNDING Tf contributions are required of employees or dependents covered under this Plan, the Plan Administrator the maintain a Health Benefit Reserve Fund or otherwise account for the receipt of money and property to fund Plan, for the management and investment of such funds and for the payment of claims and expenses from such funds. The terms of the Health Benefit Reserve Fund (when applicable) are hereby incorporated by reference, as of the effecuve date of the Health Benefit Reserve Fund, as a part of this Plan. The Participating Groups shall deliver from time to time to the Plan Administrator or the Health Benefit Reserve Fund such amounts of money and property as shall be necessary to provide the Health Benefit Reserve Fund with sufficient funds to pay all claims and reasonable expenses of administering the Plan as the same shall be due and payable The Plan Administrator may provide for all or any part of such funding b% insurance issued b% a company duly qualified to issue insurance for sun h purpose in the state of sites, and may pay the premiums therefore direct') or by funds deposited in the Health Benefit Reserve Fund_ A;I funds received bn the Health Benefit Reserve Fund and all earnings of the Health Benefit Reserve Fund shall be applied toward the payment of claims and reasonable expenses of administration of the Plan except to the extent otherwise provided by the Plan Documents. The Plan Administrator may appoint an investment manager or managers to manage (including the power to acquire and dispose of) any assets of the Plan. A: s fiduc.ar, employee agent. representative or other person performing services to or for the Plan or Health Be^.efi Reserve Fund shall be enutled to reasonable compensation for services rendered, unless such person is the ?Ian .Administrator and for reimbursement of expenses properly and actually incurred. EF` ECT OF TERMINATION OF THE PLAN Upon complete or partial termination of the Plan, the Plan Administrator may, after the payment or provision for payment of all benefits to each Employee who has incurred covered expenses and charges properly payable hereunder including all expenses incurred and to be incurred in the liquidation and distribution of the Health neie t Reserve Fund or separate account. direct the disposition of all assets held in the Health Benefit Reserve Fa. or separate account .o the Parucipauiig Group or Groups. subject to any applicable requirement of an accompanying Health Benefit Reserve Fund Document or applicable law or regulation. III BC 10I 211;94 94 Page :8 PLAN SPECIFICATIONS PARTICIPATING GROUP City of Yakima PLAN ADMINIS1 BATOR City of Yakima 129 North 2nd Street Yakima, WA 98901 TELEPIIONE NUMBER OF PLAN ADMINISTRATOR (509) 575 -6090 EMPLOYER IDENTIFICATION NUMBER 91- 16001293 NAME OF PLAN City of Yakima Employee's Health and Welfare Benefit Plans EMPLOYEES Eligible Employees of City of Yakima EFFECTIVE DATE April 1, 1994 GROUP NUMRFR BO101 PLAN NUMBER Medical, Prescription, Dental It Vision/501 PLAN SUPERVISOR Healthcare Management Administrators, Inc P 0 Box 97038 • Redmond, WA 98073.9738 CUSTOMER SERVICE Direct Adminisirdlors 120 South Third Street P 0 Box 22700 Yakima, WA 98907-2700 (509) 248.7938 4110 B0101 4/1/94 Page 60 PLAN ACCEPTANCE f Yakima, Washington herd C$Iablishcs this Plan for the payment of certain The City of Yakima, o ak g y PaY expenses for the benefit of its eligible employees to be known u the City of Yakima Employee's Health and Welfare Benefit Plans. The CiI) of Yakima, assures its covered employees that during the continuance of the Plan, all benefits herein described shall be paid to or on behalf of the employees in the event they become eligible for benefits. The Plan is subject to all the terms, provisions and conditions recited on the preceding pages hereof This Plan is not in lieu of and does not affect any requirement for coverage by Worker's Compensation Insurance The City of Yakima, has caused this Plan to lake efr� as of 1201 A.M. on April 1, 1994 at Yakima, Washington, Aulhori/cd Signature Printed Name and Title Date • B01o1 4/1/94 Page 61 • Plan Effective April 1, 1994 Local Services By: BBM FINANCIAL SERVICES, INC. DIRECT ADMINISTRATORS (509) 248 -7938 IP all BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No ( c k For Meeting Of 2/22/94 ITEM TITLE. Legislation adopting an integrated health care program for City employees and providing for amendments to the Yakima Municipal Code SUBMITTED BY City of Yakima Employees' Welfare Benefit Program Committee CONTACT PERSON /TELEPHONE. Sheryl M. Smith, x6090, John Hanson x6070, Glenn Rice, x6051 SUMMARY EXPLANATION • The purpose of this report is to request Council's approval of the attached ordinance. This action will (1) adopt the Employees' Welfare Benefit Program, (2) authorize the execution of participation agreements with certain groups of represented employees, (3) provide for amendments to various sections of the Municipal Code regarding welfare benefits, and (4) continue to allow Yakima Air Terminal employees to participate in the Citys' Welfare Benefit Program. As you are aware, the City of Yakima Employees' Health Insurance Committee has been diligently working on streamlining the City's self - insured healthcare program. This project has taken nearly four years to complete and was borne out of the the 1989 -1991 collective bargaining settlement with AFSCME. The purpose of this effort is to provide for a uniform benefits package for all employee groups. This process has been monumental, requiring a significant time commitment by all Committee members, the Committee has been meeting on a weekly basis for the last year Participation by the entire group has been excellent and cumulatively, over the past year, over 2,000 manhours of effort has gone into this project. The initial Committee has consisted of four representatives from the Fire Department, two representatives from the Police Department, four AFSCME representatives and five management employees. The Board established by the new Program will consist of ten members, four AFSCME representatives, two YPPA representatives, two IAFF respresentatives and the Deputy Personnel Officer and Director of Finance and Budget will be permanent Board members. The Program and attached Health Benefit Plans have been shared with all affected collective bargaining units and management employees, all represented employee groups have agreed to participate in the program. Additionally, the Program has been reviewed by outside legal counsel, consisting of specialists in general municipal law, labor law and tax law Every effort has been made in the final drafting of the Program to address any legal shortcomings with existing programs which might befall the proposed Program. The attached document accomplishes the vision of the Health Insurance Committee to coordinate all employee henefits. Some of the goals include: (1) take advantage of large group numbers in providing benefits and costing med benefits, (2) to reduce overhead costs of providing the benefits, (3) to update the Plans to reflect health care changes in the delivery of benefits to the City's employees and (4) allow the ability to evaluate and implement additional cost saving measures in the future such as the use of preferred provider organizations, HMO arrangements, and other cost saving arrangements benefiting both employees and the City in a timely and efficient manner Below is a chronology of key dates and activities that have occurred over the past year • On January 12, 1993 the AFSCME Joint Health Insurance Committee met with the City Council and explained the history of the Committee, its' accomplishments and the future of the City's self - insured health care plan. Considerable time was spent discussing the consolidation of all employee groups and the concept was supported by the Council. • On February 24, 1993 the City -wide Health Insurance Committee met with Executive Board representative of all organized employee groups, AFSCME, YPPA, Fire LEOFF and Fire PERS plus representatives of the management group including Police, Fire and General Management, Supervisors and Confidential employees. The history of the AFSCME Committee was shared and how it evolved into a City -wide Committee plus the accomplishments of the Committee up to February 1993. The need for consolidating all groups was explained and the administrative steps to accomplish that end was outlined. • On November 23, 1993 the City -wide Health Insurance Committee met with Executive Board representative of all organized employee groups, AFSCME, YPPA, Fire LEOFF and Fire PERS plus representatives of the management group including Police, Fire and General Management, Supervisors and Confidential employees. The purpose of this meeting was to explain the draft by -laws of the Board, timelines for implementation of the program and review the draft Plan booklet. • On December 15, 1993 the City -wide Health Insurance Committee met with all management employees to explain the concept of coordinated plans, the establishment of the new Board and its' by -laws and review the new Plan booklet. The history of the Committee and the work it had accomplished was also explained. • Between December 15, 1993 and February 1, 1994, all represented employee groups voted to participate in the new Program. t • On January 21, 1994, the Management team again met with Committee to provide employees an opportunity to ask questions regarding the new program and its' implementation. • Between mid - January and mid - February 1994 outside counsel has reviewed this program and amended the documents to provide for possible legal snafus. Final bargaining unit authorization will be after Council adoption by signing the participation agreements. Resolution Ordinance X Contract Other (1)Program Document (2)Participation Agreement Funding Source Employees' Health Benefit Reserve Fund APPROVED FOR SUBMITTAL City Manager STAFF RECOMMENDATION Adopt ordinance. BOARD /COMMISSION RECOMMENDATION COUNCIL ACTION