1.2 Purpose. The purpose of the Plan is to provide Eligible Employees (as defined in
Section 2.5 hereof) with post-retirement medical and life insurance benefits. The Plan is
intended to constitute an accident and health plan within the meaning of Section 105(e) of
the Internal Revenue Code of 1986 and Treasury Regulation Section 1.105-5.
2.1 Any terms set forth in the Trust Agreement or the Collective Bargaining Agreement shall have the same meaning when used in this Plan, unless otherwise defined in this Plan.
2.2 "Account" shall mean the separate account if established and maintained by the Plan Administrator for each Participant.
2.3 "Benefits" shall mean the amounts paid to, or on behalf of, a Participant pursuant to Article IV of the Plan, as reimbursement for Eligible Medical Expenses or Eligible Life Insurance Expenses incurred by such individuals.
2.4 "Code" shall mean the Internal Revenue Code of 1986, as amended, and the Treasury Regulations promulgated thereunder.
2.5 "Eligible Employee" shall mean an Employee who has retired from the Employer and who:
a. is eligible for a Wisconsin Retirement System (WRS) monthly retirement benefit, and is between 55 and 65 years of age.2. Someone terminated from covered employment.
3. Someone who is promoted out of the Union.4. Someone who separates from covered employment prior to age 50.
5. The Beneficiary of someone who dies before attaining age 55.2.6 "Eligible Medical Expenses" shall have the meaning set forth in Section 4.2 hereof.
2.7 "Eligible Life Insurance Expenses" shall have the meaning set forth in Section 4.3 hereof.
2.8 "Plan Year" shall mean the calendar year commencing on January 1.
3.1 The Contributions to the Plan will be determined by the Trust annually in an amount sufficient to provide Benefits as established by the Trust for the programs selected by the Participating Members.
4.1 For all Participants in the 1999 Plan Year the maximum Benefit shall be $200.00 per month. The maximum Benefit payable to Participants for each Plan Year thereafter shall be determined annually by the Trustees.
4.2 Eligible Medical Expenses: Eligible Medical Expenses shall be reimbursement of premiums paid for medical and dental insurance coverage.
4.3 Eligible Life Insurance Expenses: Following retirement from employment with the Employer, a Participant who has elected to continue coverage under the Employer's group term life insurance plan, or to convert to an individual life insurance policy under the terms of the Employer's group life insurance plan, may elect to be reimbursed for the cost of the premiums for such coverage. A Participant may also elect to be reimbursed for the cost of premiums for any other life insurance policy providing term insurance coverage to the Participant of his or her spouse or dependents (within the meaning of Section 152 of the Code), provided the Trustees, in their sole discretion, determine that such reimbursement will not jeopardize the tax-exempt status of the Trust Fund. Such premiums are "Eligible Life Insurance Expenses."
4.4 Benefits will be paid annually, on/or before March 31 of the succeeding calendar year to reimburse Participants for Eligible Medical or Life Insurance Expenses incurred in preceding Plan year.
4.5 Termination of Benefits: Benefits will terminate at the earliest of the following dates:
a. The end of the month in which the Eligible Employee dies, unless the Eligible Employee has properly designated a Beneficiary in which event such Benefits shall be payable to such Beneficiary until the end of the month the Eligible Employee would have attained age 65. b. The date the Participant is first eligible for Medicare.
4.6 Death Benefits: The Plan contains no death benefits.
5.1 Filing a Claim: The procedures for claiming benefits under the Plan shall be set forth on claim forms available from the Plan Administrator. All claims for benefits must be submitted on the proper claim form. Claims shall be filed by January 31 for expenses incurred in the previous calendar year.
5.2 Request for Review of Denied Claim: Within 30 days after the receipt of written notice of a denial of all or a portion of a claim, the claimant or the claimant's authorized representative may request in writing that the Trustees review their denial.
5.3 Review of Denied Claim: Upon receipt of a request for review of a claim denial, the Trustees will undertake a full and fair review of the claimant's claim denial and provide the claimant with written notice of its decision within 60 days after receipt of the request for review.
7.2 Inalienability of Benefits: Except as may otherwise be provided by law, the right of any Participants to Benefits hereunder shall not be subject to voluntary or involuntary transfer, alienation, pledge, assignment or other disposition, and shall not be subject to attachment, execution, garnishment or other legal or equitable process.
7.3 Governing Law: The Plan shall be construed and administered according to the laws of the State of Wisconsin, to the extent that such laws are not preempted by the laws of the United States of America.
IN WITNESS WHEREOF, this document has been executed on behalf of the Trust by its duly elected Chairperson and attested to by its duly elected Secretary this 18th day of December 1998.
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