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Section VIII: General Provisions

COST TO RETIREES
Retirees share in the cost of their health benefits by paying a percentage of the Plan’s costs for retiree coverage. The copayment is less if you have Medicare. The copayment is higher if you have dependents covered under this Plan or if you do not have Medicare. You should call the administrative office to find out the dollar amount of your copayment.

To continue your retiree coverage through the U.A. Local 447 Health and Welfare Plan, you must complete an authorization card which allows the Plan to withhold the required payment from your monthly pension check. If you need an authorization card, call the administrative office.

COORDINATION OF BENEFITS

In General
All medical and prescription drug benefits are subject to coordination. If you or your dependents are entitled to benefits under any other plan which will pay part or all of the expense incurred for treatment of sickness or injury, the benefits payable under this Plan and any other plans will be coordinated so that the aggregate amount paid will not exceed 100% of the expense incurred. In no event will the amount of benefits paid under this Plan exceed the amount which would have been paid if there were no other plan involved.

Benefits under this Plan will be coordinated with any group plan providing benefits or services for hospital or medical treatment that is: (a) group insurance coverage, (b) blanket insurance coverage which does not contain a nonduplication of benefits or excess policy provision, (c) group Blue Cross, Blue Shield, group practice and other prepayment coverage provided on a group basis, (d) any coverage under labor-management trusteed plans, union welfare plans, employer organization plans, or any other arrangement of benefits provided on a group basis; (e) any group coverage under governmental programs, and any group coverage required or provided by any statute, and (f) no-fault auto insurance.

Which Plan Pays First?
If both plans have a coordination of benefits provision, the plan that insures you as a dependent of an active employee pays first. If you receive benefits as an active employee under one plan and as a retiree under another, the plan you have as an active employee pays first. If you are insured as an employee under two plans, the plan which has insured you longer is primary. If one plan does not have a coordination of benefits provision, that plan is always primary. A participant or qualified beneficiary is subject to this Plan’s rules even if the Plan is a secondary carrier. If a dependent child is covered under two plans, the plan of the parent whose birthday (month and day) is earlier in the year will pay its benefits first. If the parents of a dependent child are divorced or legally separated, the plan of the parent with custody of the child pays its benefits first. If the parent with custody remarries, the order of payment is as follows:

  1. Natural parent with whom the child resides;
  2. Stepparent with whom the child resides;
  3. Natural parent not having custody of the child.
This order of payment can change if a court order specifically and unambiguously requires one of the parents to be financially responsible for the child’s medical expenses.

Special Rules Concerning Medicare
If you or your insured dependent has Medicare, Medicare will always pay before this Plan, unless you or your insured dependents is entitled to Medicare solely on the basis of end-stage renal disease (ESRD). If this is the case, Medicare will pay after this plan for the first 30 months after Medicare Part A eligibility or entitlement.

In determining benefits payable under Medicare, all the benefits to which you or your insured dependent is entitled under Medicare shall be included without regard to whether or not the individual has registered for Part A or enrolled in Part B of Medicare.

RIGHT TO RECEIVE AND RELEASE INFORMATION
This Plan may, without the consent of or notice to any insured, release or obtain from any insurance company, organization, or person, any information it deems necessary to determine eligibility, and to process benefit claims. Whenever payments which should have been made by this Plan have been made by any other plan, this Plan will have the right to repay the plan the amount it determines will satisfy the intent of the coordination of benefits provision. Whenever this Plan pays out more than necessary, it has the right to recover the excess payment from any person to whom such payments were made, or any insurance company or other organization.

RIGHT OF RECOVERY
You or one of your dependents may receive benefits from this Plan for expenses incurred due to an injury involving a third party. You also may receive payments from the third party resulting from a lawsuit, settlement or otherwise. If this occurs, the Plan shall have the right to reimbursement by you up to the amount of benefits which it paid for the same expenses.

A lien shall exist in favor of the Plan against all sums of money recovered by you or your dependent in connection with such injuries to the extent of the benefit payments made by the Plan. Nothing is to be done to prejudice the Plan’s rights under this provision without its consent. You or your dependent shall do whatever the Plan may require to enforce this right.



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