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2013

CMC EMPLOYEE BENEFIT PL ANS


SUMMARY PL AN DESCRIP TION
HANDBOOK
Table of Contents
Introduction.................................. 1 STD Claims.......................................................... 64
Your CMC Benefits................................................. 1 LTD Benefits......................................................... 67
Core and Optional Benefits.................................... 1 Partial Disability and
Other Special LTD Benefits .................................. 69
Phone Numbers and Websites............................... 2
Other Circumstances Affecting LTD Benefits........ 70
Eligibility and Enrollment LTD Limitations and Exclusions ........................... 72
Eligibility................................................................. 3 General LTD Provisions........................................ 72
Enrollment.............................................................. 4 LTD Conversion.................................................... 72
Effective Date of Coverage..................................... 6 LTD Claims........................................................... 73
Contributions ......................................................... 7 Life Insurance Benefits ........................................ 75
Making Changes During the Year........................... 8 Life Insurance Continuation Coverage.................. 79
Termination of Coverage .......................................11 General Life Insurance Provisions......................... 79
Life Insurance Claims........................................... 80
Plan Benefits and AD&D Benefits..................................................... 83
Claim Information General AD&D Provisions..................................... 86
Medical Benefits .................................................. 13 AD&D Claims....................................................... 86
Medical Preauthorization Requirements............... 26 BTA Benefits ........................................................ 89
Prescription Drug Benefits ................................... 28 BTA Claims........................................................... 92
Medical and Prescription Drug Health Care FSA Benefits..................................... 94
Limitations and Exclusions................................... 31 Health Care FSA Reimbursement (Claims).......... 100
Circumstances That May Affect Dental/Vision FSA Benefits................................. 103
Medical and Prescription Drug Benefits................ 33
Dependent Day Care FSA Benefits......................110
Medical/Prescription Drug Identification Cards..... 35
Dependent Day Care FSA
Medical/Prescription Drug Customer Service....... 36 Reimbursement (Claims)......................................115
Medical and Prescription Drug Claims.................. 37 EAP Benefits ......................................................117
Vision Benefits...................................................... 46
Vision Claims ....................................................... 50 Plan Administration
Dental Benefits .................................................... 51 Administrative Information...................................119
Dental Claims ...................................................... 58 COBRA Continuation Coverage......................... 122
STD Benefits........................................................ 61 Your Rights Under the Plans............................... 127
Partial Disability ................................................... 62 Important Notices............................................... 128
Other Circumstances Affecting STD Benefits ...... 63
STD Limitations and Exclusions............................ 64 Glossary of Terms...................131
General STD Provisions........................................ 64
Introduction
Introduction
Your CMC Benefits Core and Optional
The Commercial Metals Company (CMC) benefit Benefits
plans provide access to meaningful benefit choices at The Company provides certain core benefits to you
competitive rates. Because benefits are a key component automatically – you do not need to enroll for coverage.
of our total compensation package, CMC continually CMC pays the full cost of these core benefits.
researches competitive benefit practices to provide All other benefits are optional. To be covered under
a comprehensive benefits program. This enables the optional benefits, you must enroll for coverage and pay
Company to attract and retain the talent that makes CMC contributions.
successful.
Plans Who Pays
This handbook is the Summary Plan Description (SPD)
for the Welfare Benefit Plan for Employees of Commercial Core • Basic Life CMC pays the full
Benefits cost
Metals Company and its component plans in effect on • Basic Accidental Death &
January 1, 2013, unless otherwise stated in this book. Dismemberment (AD&D)
Although the SPD summarizes your coverage under the • Short Term Disability (STD)
plans, the information provided does not cover all terms • Long Term Disability (LTD)
and conditions. In all cases, the applicable insurance • Business Travel Accident
policy, contract, agreement, and/or plan document will (BTA)
govern benefits paid under the component plans. • Employee Assistance
You are encouraged to take the time to read and Program (EAP)
familiarize yourself with the information contained in this Optional • Medical You and CMC
Benefits share the cost
handbook and other benefit materials that are provided • Vision
to you. • Dental
Important Information • Optional Life You pay the full
cost
Keep this handbook in a convenient location in the event • Dependent Life
you need to reference information regarding your benefit • Optional AD&D
plans. You will be provided with updates from time to time • Health Care Flexible
as modifications are made to the plans. Spending Account (FSA)
• Dental/Vision FSA
CMC reserves the right at any time and from time to time • Dependent Day Care
to amend or terminate any of the plans described in this Flexible Spending Account
handbook, with or without prior notice. This handbook is (FSA)
not a contract for, nor a guarantee of, present or continued
employment between you and CMC. Non-company Benefits Who Contributes
• Health Savings Account If you open an account with
(HSA) ACS|BNY Mellon, the company
may contribute to your account
(determined prior to the beginning
of each plan year). You may also
contribute additional funds to your
HSA.

If you’re looking for a brief overview of the CMC benefit


plans, refer to the Employee Benefit Highlights brochure.

1
Introduction

Phone Numbers and Websites


If you have questions or need additional information about your benefit plans, contact the resources shown below:

Plan Contact Information


Insurance Company/
Plan Claim Administrator Phone/Website Claims Address
Medical Blue Cross and Blue 1-877-262-7977 Medical Claims
Shield of Texas www.bcbstx.com Blue Cross and Blue Shield of Texas
Customer Service Helpline Claims Division
Monday - Friday P.O. Box 660044
8 a.m. – 8 p.m. Central Time Dallas, TX 75266-0044
1-877-262-7977 Prescription Drug Claims
Medical Preauthorization Helpline Blue Cross and Blue Shield of Texas
Monday - Friday c/o Prime Therapeutics LLC
7:30 a.m. – 6 p.m. Central Time P.O. Box 64812
1-800-441-9188 St. Paul, MN 55164-0812

Mail Order Prescription Drug Automated Refill


www.myrxhealth.com
1-877-262-7977 (select option #2)
Nurse Helpline
24 hours a day/7 days a week
1-800-581-0368
Mental Health Helpline
24 hours a day/7 days a week
1-800-528-7264
Kaiser Permanente HMO 1-800-464-4000 Kaiser Foundation Health Plan, Inc.
(CA only) www.kaiserpermanente.org Claims Department
P.O. Box 7004
Downey, CA 90242-7004
Although the Eligibility and Enrollment and Plan Administration sections of this handbook apply to
coverage under Kaiser Permanente HMO, information on plan benefits is not included. If you are enrolled
in Kaiser, you will receive information about your plan benefits directly from Kaiser.
Vision Vision Service Plan 1-800-877-7195 VSP
www.vsp.com Out-of-Network Provider Claims
P.O. Box 997105
Sacramento, CA 95899-7105
Dental Delta Dental 1-800-521-2651 Delta Dental Insurance Company
www.deltadentalins.com P.O. Box 1809
Alpharetta, GA 30023-1809
Short Term Disability The Standard 1-877-262-8050 Contact CMC Employee Services
Long Term Disability The Standard 1-877-262-8050 Contact CMC Employee Services
Life, AD&D ING 1-877-262-8050 Contact CMC Employee Services
Business Travel MetLife 1-877-262-8050 Contact CMC Employee Services
Accident
Health Care FSA, WageWorks 1-877-924-3967 WageWorks Claims Administrator
Dental/Vision FSA www.wageworks.com P.O. Box 14053
Dependent Day Care Lexington, KY 40512
FSA Or via facsimile to:
1-877-353-9236
Employee Assistance Horizon 1-866-486-4334 Not applicable
Program www.horizoncarelink.com
User ID - CMC, Password - eap
COBRA Administrator CMC Employee Services 1-877-262-8050 COBRA Premium Payments
PO Box 139031
Dallas, TX 75313-9031
CMC Employee Services | 1-877-262-8050 | employeeservices@cmc.com

Other Contact Information


Health Savings Account ACS|BNY Mellon 1-877-635-5472 ACS|Mellon HSA Solution
(HSA) www.hsamember.com PO Box 4038
Woburn, MA 01888-4038

2
Eligibility and Enrollment
Eligibility
Your unmarried dependent children who are age 26
or over and physically or mentally incapable of self-
Eligible Employees support may continue coverage beyond age 26 if
You are eligible to participate in the plans if: they are medically certified as disabled and remain
■■ You are employed by Commercial Metals Company or unmarried, totally incapacitated, and dependent on you

Eligibility and
Enrollment
another participating company, and for support. Notice of the incapacity must be provided to
the Company within 31 days of the date coverage would
■■ You are a domestic employee who:
otherwise terminate.
• Is regularly scheduled as a full-time employee,
• Is on the Company’s United States payroll, and In addition to your natural child, a child also includes a
• Resides in the United States. stepchild, legally adopted child, a child who has been
placed with you in anticipation of adoption, a child for
You are not eligible to participate in the plans if you are:
whom you have legal custody or for whom you are the
■■ A casual or common law employee who is not legal guardian, or a child of your common law spouse.
classified as a regular full-time employee.
Special guidelines apply when covering a common law
■■ An individual who has signed an agreement, or has
spouse or the child of a common law spouse. Generally,
otherwise agreed, to provide services to the Company
you and your common law spouse must both be age 18
as an independent contractor, regardless of the tax or
or over, not related by blood in a way that would prevent
other legal consequences of such an arrangement.
you from being married to each other, have a relationship
■■ A leased employee compensated through a leasing that would require a divorce to dissolve, and otherwise
entity, whether or not you fall within the definition of meet common law marriage criteria of the state in which
leased employee as defined in Section 414(n) of the you reside. Contact Employee Services to obtain a
Internal Revenue Code (IRC). copy of the Common Law Spouse Qualifications and
■■ Represented by a collective bargaining agent, unless Guidelines.
the agent has an agreement with the Company that
With respect to the component benefit programs, the
provides for your participation in the plan.
Plan extends benefits to an employee’s non-custodial
Notwithstanding the above, certain international child, as required by any qualified medical child support
employees working in the United States who are on order (QMCSO), under ERISA §609(a). The Plan has
special assignment for Commercial Metals Company are procedures for determining whether an order qualifies
eligible for the medical, vision and dental plans that are as a QMSCO. Participants and beneficiaries can obtain,
described in this booklet. without charge, a copy of such procedures from CMC
Employee Services.
Eligible Dependents
Certain plans also permit you to cover your eligible Dependents are not eligible if they are on active duty
dependents. Eligible dependents are your: in the military service of any country or if you are not
■■ Spouse or common law spouse (if you reside in a state enrolled for coverage.
that recognizes a common law spouse). Dependents Who Also Work for CMC
■■ For medical, dental, and vision coverage: Your With the exception of life insurance, no one may be
eligible children under age 26. covered under a plan as both an employee and a
■■ For life insurance and AD&D: Your unmarried dependent. For example, if your spouse is covered as
dependent children who are under 19 years of age or an employee under basic life insurance, you may cover
your unmarried dependent children who are age 19, your spouse as your dependent under dependent life
but less than age 25, who attend school on a full-time insurance. However, if your spouse works for CMC,
basis and depend primarily on you for financial support. either of you, but not both of you, can elect to cover your
eligible dependent children.

3
Enrollment
Enrollment is required only for optional benefits as shown in the following table. If you wish to be covered under any of
the optional benefits, you must enroll by the enrollment deadline as summarized in this section.
Eligibility and
Enrollment

Plans Enrollment
Core Benefits Basic Life If you are eligible, you are automatically enrolled in
Basic Accidental Death & Dismemberment (AD&D) these core benefits
Short Term Disability (STD)
Long Term Disability (LTD)
Business Travel Accident (BTA)
Employee Assistance Program (EAP)
Optional Medical If you wish to participate in any of these optional
Benefits Vision benefits, you must enroll for coverage by
Dental completing an Employee Benefit Enrollment/Change
Optional Life Form
Dependent Life
Optional AD&D
Health Care Flexible Spending Account (FSA)
Dental/Vision Flexible Spending Account (FSA)
Dependent Day Care Flexible Spending Account (FSA)
Additional Health Savings Account (HSA) If you are enrolled in the Consumer Choice Medical
Contributions Plan, you may elect to contribute to funds your HSA
account via payroll deduction.

Certain plans allow you to elect coverage for yourself only or for yourself and your eligible dependents as follows:

Coverage Options
Medical, Dental, and Vision Optional and Dependent Life Optional AD&D
• Employee only • Optional life for you • Employee only
• Employee plus one dependent • Dependent life for your spouse • Employee plus family
• Employee plus two or more dependents • Dependent life for your children

Preexisting Condition Exclusion


The CMC medical plan administered by Blue Cross and Blue Shield of Texas imposes a preexisting condition exclusion for
individuals age 19 and older. This means that benefits for eligible expenses incurred for treatment of a preexisting condition
may not be available during the first 12 months a participant is covered under the plan.

A preexisting condition is a condition for which medical advice, diagnosis, care, or treatment has been recommended or
received during the three months before the effective date of coverage. Refer to the Medical section of this handbook for
further information.

You may choose different coverage options under each of the plans. For example, you may elect medical coverage for
you and your dependents, but cover just yourself under optional AD&D insurance. However, you may not cover any
dependent under the medical, dental, vision or AD&D insurance plans if you do not also elect coverage for yourself.

4
How to Enroll (New Hire/Status Change) Enrollment Rules for Rehired Employees
Benefit Plan Enrollment/Change Forms are available from Special enrollment rules apply if you terminate
Employee Services, or your local Human Resources employment and are then rehired. Generally, your benefit
office. Once you have completed your form, make a copy elections in effect on the date of your termination will be

Eligibility and
Enrollment
for your records and submit the signed form to Employee reinstated if you are rehired:
Services by the enrollment deadline. ■■ Within 30 days following your termination date, and
If your form is not received by the enrollment deadline, ■■ During the same calendar year in which your
your enrollment will be subject to the information termination occurred.
summarized in Making Changes During the Year.
You may not change your previous benefit elections until
Enrollment Deadline (Initial Eligibility Period) the next Open Enrollment period unless during the period
You have a certain timeframe during which you can enroll between your termination date and your rehire date:
yourself and your eligible dependents for coverage under ■■ An Open Enrollment was held. In this event, you would
the optional benefits. This period is referred to as your be able to make new elections. Your previous elections
initial eligibility period. Your initial eligibility period begins would be reinstated through the remainder of the
on your first day of employment and ends on the first current calendar year and your new elections would
day of the month immediately following your 30th day of take effect on the following January 1.
■■ You experienced a qualified status change. For
employment.

For example, if you are hired on September 1, your initial example, if you married, you would be able to add
eligibility period is September 1 through October 1 and coverage for your new spouse.
your Benefit Plan Enrollment/Change Form must be ■■ You experienced an event that would make you
received by Employee Services no later than October 1. eligible for special enrollment. For example, if you had
previously declined CMC medical coverage because
Initial Optional
Employment EligibilityEnrollment Benefits you had other health coverage and that coverage
Begins Period Begins
Deadline Begin* ended.
1st day of 1st day of 1st of month 1st of month
Refer to Making Changes During the Year for information
employment employment after 30 days of after 30 days of
employment employment on limitations that apply to Open Enrollment, qualified
September 1 September 1 October 1 October 1 status changes, and special enrollments.
* Coverage may be delayed as summarized in Effective If your rehire occurs more than 30 days following your
Date of Coverage Delays. termination date or in a subsequent calendar year,
your enrollment will be subject to the same enrollment
provisions that apply to enrollment for new hires.
The initial eligibility period is your only opportunity to enroll
for optional benefits. It is important that you consider
your choices thoroughly and make your benefit elections
carefully. You will not be allowed to change your benefit
elections until the next Open Enrollment period except as
summarized in Making Changes During the Year.

5
Effective Date of Coverage
The following table shows the dates coverage under the benefit plans begins based on events that provide
opportunities to enroll for coverage or change benefit elections. Coverage may be delayed as summarized in Effective
Date of Coverage Delays.
Eligibility and
Enrollment

Effective Date of Coverage for Selected Events


New Hire Qualified Status Change Open Enrollment
For plans that require
Benefit Plan You must make your elections You must make your elections
enrollment, you must enroll
within 31 days of your during an Open Enrollment
within your initial eligibility
qualified status change period
period
Medical, Vision, Dental First of month following 30 days of First of month following date of January 1 following Open
employment qualified status change Enrollment period
Health Care FSA, Dental/Vision First of month following 30 days of First of month following date of January 1 following Open
FSA Dependent Day Care FSA employment qualified status change Enrollment period
Basic Life, Basic AD&D First of month following 30 days of Not applicable Not applicable
employment
Short Term Disability First of month following 30 days of Not applicable Not applicable
employment
Long Term Disability Salaried employees Not applicable Not applicable
• First of month following 30 days
of employment
Hourly employees
• First of month following one year
of employment
Optional Life, First of month following 30 days of First of month following date of January 1 following Open
Dependent Life employment qualified status change Enrollment period
Optional AD&D First of month following 30 days of First of month following date of January 1 following Open
employment qualified status change Enrollment period
Business Travel Accident First day of employment Not applicable Not applicable
Employee Assistance Program First of month following 30 days of Not applicable Not applicable
employment
Note: If your election requires evidence of insurability, coverage will not become effective until approval is received from the insurance company. Newborn or
newly-adopted children who are enrolled timely will have their coverage effective date coincide with the date of the event.

Effective Date of Coverage Delays Actively at Being actively at work means that you are performing
Coverage will not become effective unless you are Work the essential duties of your regular occupation at
otherwise eligible for coverage under the plan. For the time and place duties are normally performed,
as assigned by the Company. The actively at work
example, medical coverage would not be effective on the
requirement does not apply if the effective date of
date of a qualified status change if the change occurs coverage coincides with a scheduled day off, including
before you have completed your initial eligibility period. In a vacation day or a Company-recognized holiday, if
no event will your dependent’s coverage become effective you are actively at work immediately preceding and
until you become covered under the applicable plan. immediately following the scheduled day off.
Confined for Except in the case of a newborn child, confined for
Actively At Work and Confined For Care Care care refers to a dependent who is:
Requirements • An inpatient in a hospital, hospice, rehabilitation
For all component plans except the Medical Plan, an center, convalescence center, or custodial care
effective date of coverage will also be delayed in the facility, or
• Confined at home under the care of a physician.
following circumstances:
■■ For you, if you are not actively at work on the day your If you are not actively at work, your effective date of
coverage would otherwise become effective. coverage will be delayed until you return to work for one
full day. If your dependent is confined for care, his/her
■■ For your dependent, if he/she is confined for care on
effective date of coverage will be delayed until he/she
the day his/her coverage would otherwise become
is released from confinement. However, in no event will
effective.
your dependent’s coverage become effective until you
become covered under the applicable plan.

6
These delays also apply to increases in insurance amounts Your contributions are deducted from your pay on a
under the long term disability, life, and accident plans. pretax or after-tax basis as follows:

Evidence of Insurability Pretax Contributions After-Tax Contributions


The Life Insurance Plan further restricts effective dates • Medical • Optional Life

Eligibility and
of coverage for certain insurance amounts based on • Vision • Dependent Life

Enrollment
evidence of insurability. Refer to the Life Insurance • Dental • Optional AD&D
section of this handbook for further information. • Health Care FSA
• Dental/Vision FSA
• Dependent Day Care FSA
• Health Savings Account (HSA)
Contributions The advantage of paying contributions on a pretax basis
Your contributions for optional benefits depend on your is clear – it can result in lower taxes and increase your
benefit elections and the number of eligible dependents spendable income. In exchange for this tax advantage,
you enroll. Current contribution information is available the IRS imposes restrictions such as:
from Employee Services and in the Employee Benefit ■■ Irrevocable Elections (except Health Savings
Highlights brochure. Account (HSA)) - Your benefit elections under plans that
allow pretax contributions are irrevocable for the entire
Your contributions are withheld from your pay as soon
calendar year. You cannot change your elections unless
as administratively practical after your coverage under a
you experience a qualified status change as summarized
plan becomes effective. This means that deductions from
in Making Changes During the Year.
your pay will occur on your next paycheck following your
effective date of coverage. For example, if your coverage The IRS imposes additional restrictions under the Health
becomes effective on March 1, your deductions will start Care FSA, Dental/Vision FSA, and Dependent Day
on the first paycheck you receive on or after March 1. Care FSA plans. For example, any amounts you elect to
contribute to those plans are forfeited if you do not use
Contribution rates are subject to periodic adjustment
those amounts to reimburse yourself for eligible expenses
based on, but not limited to, claims experience, reserve
incurred during the same calendar year. It is important
requirements, and expenses charged against the plans.
that you carefully review Health Care FSA and Dependent
Pretax Contributions Day Care FSA, Dental/Vision FSA, plan information before
CMC administers plans in accordance with IRS regulations you elect to participate in those plans.
that allow you to pay for certain coverage on a pretax
Pretax contributions may also affect other benefits for
basis. This means that your contributions are deducted
which you may become eligible as follows:
from your pay before federal income taxes and Social
Security taxes are calculated and withheld. If you live in a ■■ Effect on Social Security - Pretax contributions
state that recognizes the federal tax treatment of pretax reduce the amount of your earnings that are reported
contributions, your state income tax will also be calculated for Social Security purposes. Therefore, if you earn
and withheld after your contributions are deducted. less than the Social Security wage base or if pretax
contributions reduce your earnings below the Social
Security wage base, your Social Security withholding
• If you are paid weekly, contributions will be deducted will be reduced. Because Social Security benefits are
from your first four pay checks each month. When there based on your career earnings history, this reduced
are five pay periods in a month, contributions will not withholding could decrease any Social Security
be deducted from your fifth pay check. benefits you may receive.
• If you are paid biweekly, contributions will be deducted ■■ Effect on Other Statutory Benefits - Pretax
from your first two pay checks each month. When there contributions may affect other statutory benefits (such
are three pay periods in a month, contributions will not as unemployment insurance, workers’ compensation,
be deducted from your third pay check. and state disability insurance) for the same reasons
that they affect Social Security benefits. Because
statutory benefits are also based on taxable earnings,
benefits for which you may become eligible could be
reduced as a result of pretax contributions.

7
If you have questions regarding the effect of pretax • Increase your child’s dependent life insurance
contributions, you are encouraged to contact your tax amount by one level (i.e., $5,000) as long as the
advisor or the IRS. increase does not cause the total amount of
coverage to exceed $20,000.
Effect of Pretax Contributions • Cancel optional and dependent life insurance.
Eligibility and
Enrollment

on Other CMC Benefits


Evidence of insurability is required if you increase
Pretax contributions do not affect any CMC benefits that are
coverage more than one level, or elect coverage more
based on pay, such as life and disability insurance. These
than 31 days after the date you become eligible for
benefits continue to be based on your salary before pretax
insurance.
contributions are deducted.
■■ AD&D
• Enroll for optional AD&D insurance.
Making Changes • Increase or decrease optional AD&D insurance
amounts.
During the Year • Cancel optional AD&D insurance.
You make your benefit elections (enrolling for coverage, ■■ Health Care FSA, Dental/Vision FSA, and
electing dependent coverage, insurance amounts, Dependent Day Care FSA
declining coverage, etc.) when you are first eligible to • Elect to participate in the Health Care FSA, Dental/
enroll. Once you make your elections, you may change Vision FSA, and/or the Dependent Day Care FSA for
them only during Open Enrollment periods unless you the following calendar year.
experience a qualified status change or become eligible
for special enrollment. Participation in flexible spending accounts is not
automatically renewed at year end. If you are currently
Certain changes are subject to the Effective Date of participating in the Health Care FSA, Dental/Vsion FSA,
Coverage Delays provision. or the Dependent Day Care FSA and you do not elect to
participate during an Open Enrollment period, your current
participation will end on the December 31 following that
Open Enrollment Periods
Open Enrollment period.
The Company schedules Open Enrollment periods once
each year (usually in the Fall). During an Open Enrollment
Your Open Enrollment elections become effective on the
period, you may make the following elections:
January 1 following the Open Enrollment period subject to
■■ Medical, Vision and Dental the Effective Date of Coverage Delays provision.
• Enroll for coverage.
• Cancel coverage. Qualified Status Changes
• Add or remove qualified dependents. You make your benefit elections (enrolling for coverage,
■■ Life
electing dependent coverage, insurance amounts,
declining coverage, etc.) when you are first eligible to
• Enroll for an optional life insurance amount of one
enroll. Once you make your elections, you may change
times annual pay.
them only during Open Enrollment periods unless you
• Increase your optional life insurance amount by
experience a qualified status change or become eligible
one level (i.e., one time annual pay) as long as
for special enrollment.
the increase does not cause your total amount of
coverage to exceed seven times annual pay. If you decline enrollment for yourself or your dependents
• Enroll your spouse for a dependent life insurance (including your spouse) because of other health insurance
amount of $25,000. or group health plan coverage, you may be able to later
• Increase your spouse’s dependent life insurance enroll yourself and your dependents in a CMC plan if you
amount by one level (i.e., $25,000) as long as or your dependents lose eligibility for that other coverage
the increase does not cause the total amount of (or if the employer stops contributing toward your or your
coverage to exceed $250,000. dependents’ other coverage).
• Enroll your child for dependent life insurance.

8
If you have a new dependent due to marriage, birth, You must provide information and documentation that
adoption, or placement for adoption, you may be able to is necessary to verify your qualified status change as
enroll yourself and your dependents. You must request required by the Company. Examples of documentation
this new enrollment within 31 days of the marriage, birth, that may be required are:
adoption, or placement for adoption. ■■ A birth, marriage or death certificate.

Eligibility and
Enrollment
Your status change must result in becoming newly ■■ Declaration of informal marriage or current joint tax
eligible or losing eligibility for coverage under a plan by return satisfactory to the Company that verifies your
you or your dependents. In addition, your new benefit eligibility for your common law spouse.
elections must correspond to and be consistent with the ■■ Written certification regarding changes made under
change. For example, if you terminate coverage under another employer’s plan (e.g., a certificate of coverage).
■■ Verification of an eligible dependent’s change in
a CMC plan because you become eligible for coverage
under another plan, you must actually become covered
employment status.
under the other plan.
■■ Court orders for adoption, legal guardianship, or
Benefit election changes are allowed for the following divorce.
■■ Written confirmation of a significant change in a
qualified status changes.

Qualified Status Changes dependent care provider’s services or charges.


Status Change Life Insurance Change Limitations
A change in legal marital status including marriage, divorce, death of If your qualified status change allows you to change life
spouse, or annulment. insurance amounts, those changes will be subject to the
A change in number of dependents including birth, adoption, following limitations:
placement for adoption, or death of your dependent.
■■ Without Evidence of Insurability If your qualified
A change in employment status including termination or
commencement of employment, strike or lockout, commencement status change allows you to enroll yourself or a
or return from an unpaid leave of absence, change in worksite, or dependent who was previously eligible for coverage,
any other change in employment status that affects an individual’s the enrollment is limited to the first level of coverage
eligibility for coverage such as a change between full-time and part- (i.e., one times pay for you, $25,000 for your spouse,
time status.
and $5,000 for your child).
Your dependent satisfies or ceases to satisfy the requirements for
dependent children (attainment of age limitation). ■■ With Evidence of Insurability If your qualified status
A judgment, decree or order is issued as the result of divorce, change allows you to increase insurance amounts, you
annulment, or change in legal custody (including a qualified medical may increase those amounts by any level greater than
child support order). one, subject to plan maximums.
Entitlement to Medicare or Medicaid. ■■ If your qualified status change allows you to enroll
A significant change in the health coverage or cost that is a newly eligible dependent, evidence of insurability
attributable to your spouse’s employment.
requirements apply to insurance amounts in excess of
Your spouse’s employer offers a new health plan.
$25,000 for a spouse.
Your spouse’s employer implements Open Enrollment changes at a
different time than CMC and makes a change to employer-provided In addition, insurance increases elected due to a qualified
coverage. status change may require evidence of insurability if you
Additional Qualified Status Changes have previously been denied coverage.
for Dependent Day Care FSA Only
Qualified Status Change Procedure
Status Change
You may change your coverage by submitting a Benefit
Your dependent no longer meets eligibility requirements for care Plan Enrollment/Change Form (along with supporting
covered under the Dependent Day Care FSA.
documentation) to Employee Services. If you submit your
A significant change in your dependent care provider.
form and any required documentation within 31 days (or
A significant change in the hours or services of your dependent care
60 days, see Special Enrollment for Assistance-Eligible
provider.
Individuals) of the qualified status change, your election
A significant change in the cost of your dependent care provider’s
services (except services provided by a relative). changes will generally be effective on the first day of the
month following the date of the change. However:

9
■■ For optional and dependent life insurance enrollments This special enrollment provision does not apply
that require evidence of insurability, the effective date if the other coverage was terminated for cause
will be the date the insurance company approves the (including failure to timely pay required premiums).
evidence of insurability. ■■ New Dependent
■■ In the event of loss of eligibility for coverage (e.g.,
Eligibility and

If you acquire a new dependent due to marriage, birth,


Enrollment

divorce or age limitation), coverage will end as indicated adoption or placement for adoption, you may enroll
in Termination of Coverage. No credit or refund yourself and certain dependents as follows:
of contributions will be made in the event that • If the new dependent is a spouse who is newly
coverage terminates prior to the end of a calendar eligible because of marriage, you may enroll yourself
month. Further restrictions are summarized in the box and your spouse.
below. • If the new dependent is a child who is newly eligible
because of birth, adoption, placement for adoption,
If your form or supporting documentation is not
or marriage you may enroll yourself, your spouse,
received within 31 days of the date the status change
and new child(ren). For example: If you and your
occurs, you must wait until the next Open Enrollment
spouse previously declined coverage, you may
period before making any changes to your elections.
enroll yourself, your spouse, and your newborn
child immediately following the birth of the child.
Promptly Report a Dependent’s Loss of Eligibility (You normally may not enroll other children at this
No credit or refund of contributions will be made in the time unless another qualifying event makes them
event of failure to notify the Company of a dependent’s eligible for coverage, such as gaining legal custody
loss of eligibility. It is important that you always notify of another eligible child. Contact Employee Services
Employee Services office promptly when a dependent for information.)
no longer meets eligibility requirements (e.g., due to
divorce). Failure to do so may result in your payment of Special Enrollment Procedure
contributions for a dependent that is not covered, as You must enroll for coverage within 31 days of the special
the dependent’s coverage will be cancelled retroactive enrollment event by submitting a Benefit Plan Enrollment/
to the date he/she was no longer eligible. In addition, if Change Form (along with supporting documentation) to
any benefit payments are made for or on behalf of that Employee Services.
dependent after he/she is no longer eligible, you will be If your form is not received within 31 days of the
responsible for reimbursement. special enrollment event, you may not enroll until the
next Open Enrollment period.

Special Enrollment for Medical, Vision, Special Enrollment for Assistance-


and Dental Coverage Eligible Individuals
You may be eligible for special enrollment under the If you are eligible for CMC health coverage, but are unable
medical, vision, and dental plans if you experience one of to afford the premiums, some States have premium
the following events: assistance programs that can help pay for coverage.
■■ Termination of Other Health Coverage These States use funds from their Medicaid or CHIP
If you declined medical, vision, and/or dental coverage programs to help people who are eligible for employer-
for you or your dependents because you had other sponsored health coverage, but need assistance in
health coverage, you may enroll yourself and your paying their health premiums.
eligible dependents if the other coverage terminates for If you or your dependents are already enrolled in Medicaid
one of the following reasons: or CHIP, you can contact your State Medicaid or CHIP
• The other coverage was COBRA and your COBRA office to find out if premium assistance is available.
period has now ended.
• The other coverage was not COBRA and either
the coverage terminated due to loss of eligibility
or employer contributions toward that coverage
terminated. Loss of eligibility may include divorce,
death, termination of employment, reduction in the
number of hours of employment.

10
If you or your dependents are NOT currently enrolled
in Medicaid or CHIP, and you think you or any of your If coverage terminates during your leave of absence, you
dependents might be eligible for either of these may be able to continue certain coverage through COBRA
programs, you can contact your State Medicaid or or conversion and portability provisions as permitted
CHIP office, call 1-877-KIDS NOW, or go online to under the plans.

Eligibility and
Enrollment
www.insurekidsnow.gov to find out how to apply. If
you qualify, you can ask the State if it has a program If coverage terminates during your leave of absence,
that might help you pay the premiums for an employer- special enrollment rules apply when you return to work.
sponsored plan. Generally, your benefit elections in effect on the day your
Once it is determined that you or your dependents coverage terminated will be reinstated if you return to work:
are eligible for premium assistance under Medicaid or ■■ Within 30 days following the date your leave of absence
CHIP, our health plan is required to permit you and your began, and
dependents to enroll in the plan – as long as you and your ■■ During the same calendar year in which your leave of
dependents are eligible, but not already enrolled in this absence began.
plan. This is called a “special enrollment” opportunity, and
you must request coverage within 60 days of being You may not change your previous benefit elections until
determined eligible for premium assistance. the next Open Enrollment period unless during your leave
of absence:
■■ An Open Enrollment was held. In this event, you would
Termination of be able to make new elections. Your previous elections

Coverage
would be reinstated through the remainder of the
current calendar year and your new elections would
Coverage During Leaves of Absence take effect on the following January 1.
You may be eligible to continue coverage under certain ■■ You experienced a qualified status change. For
health and welfare plans during a leave of absence example, if you married, you would be able to add
by paying any required contributions as shown in the coverage for your new spouse.
■■ You experienced an event that would make you eligible
following table.
for special enrollment. For example, if you had previously
Plans Continuation of Coverage
During Leave of Absence declined CMC medical coverage because you had other
health coverage and that coverage ended.
Medical Coverage may be continued for
Vision up to six months. Refer to Making Changes During the Year for information
Dental on limitations that apply to Open Enrollment, qualified
Life status changes, and special enrollments.
AD&D
Health Care FSA If you return to work more than 30 days following the date
Dental/Vision FSA your leave of absence began or in a subsequent calendar
Dependent Day Care FSA
Employee Assistance Program year, you will be required to make new enrollment
elections when you return to work.
Short Term Disability If you are on approved Leave
Long Term Disability of Absence, coverage may be If you need to take a leave of absence, contact Employee
Business Travel Accident continued for up to six months. Services for current information regarding continuing
coverage during your leave and reinstatement of
Coverage for a dependent will terminate on the date your
coverage when you return to work.
coverage terminates.

11
Voluntary Cancellation of Coverage ■■ The last day of the month in which your employment
You may cancel coverage only during an Open Enrollment ends for any reason including a strike, work slowdown,
period unless you experience a qualified status change, or lockout. (Exceptions apply for certain leaves of
as summarized in Qualified Status Changes. If you absence as summarized in Coverage During Leaves of
elect cancellation within 31-days following the date of a Absence.) Please see the Short and Long Term Disability
Eligibility and
Enrollment

qualified status change, the effective date of cancellation plan certificates for specific information regarding when
will be as summarized in that provision. Otherwise, coverage ends.
the effective date of cancellation will be the January 1 ■■ The end of the last month for which you make any
immediately following the Open Enrollment period during required contribution for coverage.
■■ The date coverage for your employee group or class is
which you elect to cancel your coverage.
discontinued.
■■ The date the plan or the insurance policy terminates.
Certain benefits are provided by the Company at no cost
to you and you may not voluntarily cancel coverage.
These benefits are short term disability, long term Coverage for a dependent will terminate immediately on
disability, basic life insurance, basic accidental death & the earliest of:
dismemberment insurance, and business travel accident ■■ The date your coverage terminates.
■■ The end of the last month for which you make any
insurance.
required contribution for coverage.
Termination of Coverage ■■ The date the plan no longer provides dependent
The following table shows the dates your coverage coverage.
terminates under the plans:
Plans When Coverage Terminates No credit or refund of contributions will be made in the
Medical Last day of the month in which you are event that coverage terminates prior to the end of a
Vision no longer employed by CMC calendar month or for failing to notify the Company of a
Dental dependent’s loss of eligibility.
Employee Assistance Program
Life Last day you are actively employed The Consolidated Omnibus Budget Reconciliation Act
AD&D by CMC
(COBRA) allows you and your enrolled dependents
Short Term Disability
Long Term Disability the opportunity to continue Medical, Vision, Dental,
Business Travel Accident Health Care Fsa, and Dental/Vision FSA coverage
Health Care FSA when certain events occur that would otherwise cause
Dental/Vision FSA you or your dependents to lose coverage. COBRA
Dependent Day Care FSA
continuation coverage information is provided in the Plan
Your coverage under the plans will also terminate Administration section of this handbook.
immediately on the earliest of:
Portability and/or conversion to an individual policy may
■■ The date you no longer meet plan eligibility also be available for certain life insurance amounts as
requirements. summarized in the Life Insurance section of this handbook.

12
Plan Benefits and
Claim Information
Introduction You can participate in the HSA if you enroll in the
CMC medical coverage is designed to help protect you Consumer Choice Plan. However, you are not eligible to
and your covered dependents against financial loss contribute to an HSA if:
by paying for a substantial portion of eligible expenses ■■ You are enrolled in Medicare (Part A, Part B or Part D).
■■ You are covered by another medical plan (such as your
incurred for medically necessary care and treatment.
spouse’s) that is not a high-deductible health plan.
■■ You or your spouse participates in a health care flexible
The medical plan summarized in this section of the handbook
is administered by Blue Cross and Blue Shield of Texas
spending account. You can participate in either a Health
(claim administrator). When you need assistance or have
Care FSA or an HSA – but not both. (However, you can
specific questions regarding this plan, contact the claim
enroll in an HSA and the CMC Dental/Vision FSA.)
administrator at 1-877-262-7977 or www.bcbstx.com.

Information about benefits under the Kaiser Permanente


HMO plan is not included in this handbook. If you are Medical Benefits
enrolled in Kaiser, you will receive information about your

Medical
plan benefits directly from Kaiser. Deductible
The deductible is the amount you must pay each
Refer to the glossary at the end of this handbook for calendar year for eligible expenses you incur before plan
definitions of key terms. benefits become available. The deductible amounts
that apply to you and your covered dependents depend
Medical Plan Options on whether you are enrolled for Premium or Consumer
When you enroll for coverage, you may choose Choice coverage and whether you use network or non-
among the following options for you and your eligible network providers as follows.
dependents:
■■ Premium Plan
Premium Plan:
Annual Deductible
■■ Consumer Choice Plan Premium Plan
■■ No medical coverage Network Non-Network
Your elections remain in effect for the entire calendar Individual $500 $1,000
Employee + 1 dependent $1,000 $2,000
year. You generally cannot make changes until the next
Employee + 2 or more dependents $1,500 $3,000
Open Enrollment period unless you experience a qualified
status change or become eligible for special enrollment, Consumer Choice Plan:
as summarized in the Eligibility and Enrollment section of Annual Deductible
this handbook. Consumer Choice Plan
Health Savings Account (HSA) Network Non-Network
Individual $2,500 $5,000
The Consumer Choice Plan is a High Deductible Health
Employee + 1 dependent $5,000 $10,000
Plan (HDHP).
Employee + 2 or more dependents $7,500 $15,000
If you participate in the Consumer Choice Medical Plan, Unless otherwise indicated, the deductible must be
you can also contribute to a Health Savings Account satisfied before benefits become payable under the plan.
(HSA). With an HSA, you can pay for eligible out-of- Amounts applied to the non-network deductible are also
pocket medical expenses with tax-free dollars up to limits applied to the network deductible. However, amounts
established by the IRS. Your account balance can carry applied to the network deductible are not applied to the
over year to year, and you can take your account with you non-network deductible.
if you leave CMC.
If you have dependents who are covered under the plan,
Please note: You are responsible for setting up, charges that are applied to the individual deductible are
maintaining, and keeping accurate records for your HSA. also applied to the family deductible. When the family
CMC does not administer (or have access to information deductible amount is reached, no further individual
about) your account. However, Mellon Bank has online deductibles will have to be satisfied for the remainder
resources to assist you with setting up your account. of that calendar year. However, no participant may
For more details on using an HSA, please see the HSA contribute more than his/her individual deductible amount
materials provided by Mellon Bank or your preferred bank to the family deductible amount.
or credit union.

13
Expenses That Do Not Apply to the Deductible
The following expenses do not apply to the deductible:
■■ Copay and coinsurance amounts.
■■ Amounts paid for charges in excess of the allowable
amount.
■■ Expenses for services or supplies that are not covered
under the plan.
■■ Additional charges you incur for failure to obtain
preauthorization as required under the plan.
■■ Premium plan only - copay or coinsurance amounts you
pay for prescriptions.

Medical Schedule of Benefits


The plan provides benefits for four categories of eligible
Medical

expenses:
■■ Inpatient hospital expenses
■■ Medical-surgical expenses
■■ Extended care expenses
■■ Other covered expenses

14
Plan Comparison
The following table provides a summary of the medical benefits under the plan. (Outpatient prescription drug
benefits are provided in the Prescription Drug Schedule of Benefits.) The benefits that apply to you and your covered
dependents depend on whether you are enrolled for Premium or Consumer Choice coverage and whether you use
network or non-network providers as shown in the table. All benefits are subject to plan limitations and exclusions.
Medical Schedule of Benefits
Premium Plan Consumer Choice Plan
Network Non-Network Network Non-Network
Annual Deductible
• Individual $500 $1,000 $2,500 $5,000
• Employee + 1 $1,000 $2,000 $5,000 $10,000
• Employee + 2 or more $1,500 $3,000 $7,500 $15,000
Annual Out-of-Pocket Maximum (including
deductible)
• Individual $2,000 $4,000 $10,000

Medical
• Employee + 1 $4,000 $8,000 Not Applicable $20,000
• Employee + 2 or more $6,000 $12,000 $30,000
CMC HSA Contribution If HSA set up with Mellon:
Individual: $500
N/A
Employee + 1 /
Employee + 2 or more: $1,000
You pay You pay
Inpatient Hospital Expenses
Usual hospital services and supplies including 20% after deductible 40% after deductible $0 after deductible 40% after deductible
semiprivate room, intensive care, and coronary (50% penalty for (50% penalty for
care units failure to preauthorize failure to preauthorize
services) services)
Medical-Surgical Expenses
• Inpatient visits
• Certain diagnostic procedures (e.g., cardiac
stress tests and CT scans)
• Office visit/consultation including
lab & x-rays
• Home infusion therapy
20% after deductible 40% after deductible $0 after deductible 40% after deductible
• Physician surgical services in any setting
• Independent lab & x-ray
• Allergy injections
• Durable medical equipment
• Other eligible medical-surgical expenses not
included in this schedule
TMJ appliances 20% after deductible $0 after deductible
Travel/lodging/meals in connection with a
covered organ or tissue transplant (subject to No charge No charge after deductible
lifetime maximum of $10,000)
Extended Care Expenses
• Skilled nursing facility (limited to 100 visits
per calendar year)
• Home health care (limited to 100 visits per 20% after deductible 40% after deductible $0 after deductible 40% after deductible
calendar year)
• Hospice care
Please note: There are important differences in the accrual of deductible and out-of-pocket expenses between the Premium and Consumer
Choice Plans. These differences are detailed in the Deductible and Out-of-Pocket Maximum sections of this handbook.

15
Medical Schedule of Benefits , continued
Premium Plan Consumer Choice Plan
Network Non-Network Network Non-Network
You pay You pay
Other Covered Expenses
Emergency Care – accidental injury &
emergency care within first 48 hours
Facility charges
• Emergency Room (ER), treatment room, 20% after deductible and $250 copay (copay $0 after deductible
ancillary waived if admitted)
• Lab & x-ray without ER/treatment room 20% after deductible $0 after deductible
Physician charges 20% after deductible $0 after deductible
Emergency Care – accidental injury &
emergency care after first 48 hours
Facility charges
• ER/treatment room, ancillary 20% after deductible 40% after deductible $0 after deductible 40% after deductible
Medical

and $250 copay and $250 copay


(copay waived if (copay waived if
admitted) admitted)
• Lab & x-ray without ER/treatment room 20% after deductible 40% after deductible $0 after deductible 40% after deductible
Physician charges 20% after deductible 40% after deductible $0 after deductible 40% after deductible
Ground & Air Ambulance Services 20% after deductible $0 after deductible
Speech & Hearing Services
20% after deductible 40% after deductible $0 after deductible 40% after deductible
(excluding hearing aids)
Preventive Care
• Office Setting Routine physical No charge Not covered No charge Not covered
examinations, well baby care,
immunizations, routine lab & x-ray, vision
and hearing exams, and chromosome
testing
• Outpatient Setting Lab & x-ray including No charge Not covered No charge Not covered
independent lab & x-ray
Chiropractic Services (limited to 24 visits per
20% after deductible 40% after deductible $0 after deductible 40% after deductible
calendar year)
Physical Medicine Services (including physical
20% after deductible 40% after deductible $0 after deductible 40% after deductible
& occupational therapy)
Mental Health & Substance Abuse
• Inpatient Care 20% after deductible 40% after deductible $0 after deductible 40% after deductible
• Outpatient Care

Allowable Amount As defined in the glossary at the end of this handbook,


The allowable amount is the maximum charge for a the claim administrator has established allowable
particular service or supply that will be considered amounts for medically necessary services and supplies
for purposes of benefit payments under the plan. For for network providers and non-network providers.
example, if you have met your deductible and the Medical Network providers agree to accept the allowable amount
Schedule of Benefits indicates that your coinsurance for services and supplies provided. When you choose to
amount for a covered service is 20%, the plan will pay receive services or supplies from a non-network provider,
80% of the allowable amount for that service. If for any you will be responsible for paying any difference between
reason the charge for that service is in excess of the the plan’s allowable amount and the amount charged by
allowable amount, you may be responsible for paying the the non-network provider.
excess amount.
Whether you visit a network or non-network provider, you
are responsible for paying your deductible, applicable
copay/coinsurance amounts, and any charges for
services and supplies that are limited or not covered
under the plan.

16
Copay and Coinsurance Amounts
As shown in the Medical Schedule of Benefits, you are required to pay a copay and/or coinsurance amount for most
services and supplies.
■■ Copay – the flat dollar amount you are required to pay at the time you receive certain services and supplies. For example,
if you have the Premium Plan, you may pay a $100 copay toward your emergency care services.
■■ Coinsurance amount – the percentage of covered expenses you are required to pay for certain services and supplies.
For example, if you have the Premium Plan, you pay 20% of the eligible expenses for network chiropractic services.

Deductible and Copay/Coinsurance Example


If you are enrolled in the Premium Plan and your first medical expense for the year is for medically necessary outpatient
surgery, you would be responsible for paying your deductible and coinsurance amounts as follows:

Non-Network
Network Billed Charges/
Allowable Amount Allowable Amount Comments

Medical
Outpatient surgery expenses $1,250 $2,000 billed charges Network discounts usually result in an allowable
$1,250 allowable amount amount that is lower than billed charges
You pay your annual deductible $500 $1,000 You must satisfy your deductible before plan
benefits apply
Remaining eligible expenses $750 $250 Outpatient surgery charge minus deductible
You pay your coinsurance $150 (20%) $100 (40%) You pay coinsurance amounts after your deductible
amount has been met
Your cost for eligible expenses $650 $1,100 Deductible plus coinsurance
Additional cost Not applicable $800 Non-network billed charges in excess of the
allowable amount
Your total cost $650 $1,900 In this example, you save $1,250 by using a network
provider
Plan pays $600 $100 The plan pays the remaining covered expenses

Out-of-Pocket Maximum
The out-of-pocket maximum feature of the plan helps to protect you against catastrophic medical expenses. When
you reach your annual out-of-pocket maximum, the plan pays 100% of most eligible expenses for the remainder of the
calendar year.

The out-of-pocket maximum that applies to you and your covered dependents depends on whether you are enrolled for
Premium or Consumer Choice coverage and whether you use network or non-network providers as follows.

Premium Plan
Annual Out-of-Pocket Maximum (including Deductible)
Premium Plan
Network Non-Network
Individual $2,000 $4,000
Employee + 1 dependent $4,000 $8,000
Employee + 2 or more dependents $6,000 $12,000
Consumer Choice Plan
Annual Out-of-Pocket Maximum (including Deductible)
Consumer Choice Plan
Network Non-Network
Individual $2,500 $10,000
Employee + 1 dependent $5,000 $20,000
Employee + 2 or more dependents $7,500 $30,000

17
Most of the amounts you pay toward eligible expenses are applied to the annual out-of-pocket maximum. However,
amounts you pay for the following are not included:
■■ Services, supplies, or charges limited or excluded under the plan.
■■ Expenses not covered because a benefit maximum has been reached.
■■ Outpatient prescription drug expenses (Premium Plan only)
■■ Any eligible expenses paid by a primary plan when this plan is secondary, as summarized in the Coordination of
Benefits provision.
■■ Penalties applied for failure to obtain preauthorization, as summarized in the Medical Preauthorization Requirements
provision.

If you have dependents who are covered under the plan, charges that are applied to the individual out-of-pocket
amount are also applied to the family out-of-pocket amount. When the family out-of-pocket maximum is reached, no
further individual out-of-pocket amounts will have to be satisfied for the remainder of that calendar year. However, no
participant may contribute more than his/her individual out-of-pocket amount toward the family out-of-pocket amount.
Medical

When the out-of-pocket maximum is satisfied, benefit percentages automatically increase to 100% for eligible expenses
except (in the Premium Plan only):
■■ Copay amounts for facility charges for network or non-network outpatient hospital emergency room visits, as well as
prescription drug copays or coinsurance, continue to be required.
■■ Any copay amounts paid for medical services or supplies or for drugs obtained from the mail service pharmacy or
the specialty drug pharmacy under the plan’s prescription drug benefits.

Amounts applied to non-network out-of-pocket maximums are also applied to network out-of-pocket maximums.
However, amounts applied to network out-of-pocket maximums are not applied to non-network out-of-pocket maximums.

Meeting the Family Out-of-Pocket Maximum


In both the Premium Plan and the Consumer Choice Plan, eligible expenses incurred by any two or more covered family
members are combined to meet the family out-of-pocket maximum. Only the amounts that are applied to the individual
out-of-pocket maximum are applied to the family maximum. In other words, the amounts that may be counted from any
one family member cannot exceed his/her individual out-of-pocket maximum.

Premium Plan Example:


■■ Mary’s family is enrolled in the Premium Plan and receives all of their care from network providers. Therefore, they
have an annual out-of-pocket maximum (including deductible) of $2,000 per individual and $6,000 per family.
■■ Mary’s family members - Mary, Steve, Cindy, and Jim - have met their deductible and have incurred network out-of-
pocket expenses that total $6,550.

The following table shows how the individual out-of-pocket amounts are applied to meet the family out-of-pocket
maximum in the Premium Plan.
Family Out-of-Pocket Maximum (OOPM) – Premium Plan Example
Family Eligible Network
Amount Applied to Family OOPM
Member Out-of-Pocket Amounts
Feb April May OOPM
Mary $2,000 $2,000 The full amount applies to the family OOPM.
Steve $2,200 $2,000 Steve has $2,200 of eligible out-of-pocket expenses; however, only $2,000
will be applied toward the family OOPM because the most that can be
applied from any one family member is limited to the individual OOPM
amount.
Cindy $1,200 $1,200 The full amount applies to the family OOPM.
Jim $1,800 $800 Jim has $1,800 of eligible out-of-pocket expenses; however, only $800
needs to be applied for this family to reach their OOPM.
Total applied to family OOPM = $6,000 Family OOPM has been reached

18
Since the family out-of-pocket maximum has been reached, the Premium Plan will pay 100% of the $1,000 in eligible
expenses incurred by Jim ($1,800 minus the $800 applied to the family out-of-pocket maximum). In addition, if any
other covered family member incurs network eligible expenses later in the year, the plan will also pay 100% of many of
those expenses until the end of that calendar year.

Consumer Choice Plan Example:


■■ John’s family is enrolled in the Consumer Choice plan and receives all of their care from network providers.
Therefore, when they reach their $7,500 family deductible they have also satisfied the annual network out-of-pocket
maximum.
■■ John’s family members - John, Sandra, Robert, and Patricia - have incurred network out-of-pocket expenses that
total $25,000.

The following table shows how the individual out-of-pocket amounts are applied to meet the family network out-of-
pocket maximum.

Family Out-of-Pocket Maximum (OOPM) – Consumer Choice Plan Example

Medical
Family Eligible Network
Amount Applied to Family OOPM
Member Out-of-Pocket Amounts
March June August OOPM
Sandra $2,500 $2,500 The full amount applies to the family OOPM.
Robert $2,000 $2,000 The full amount applies to the family OOPM.
Patricia $5,000 $2,500 Patricia has $5,000 of eligible out-of-pocket expenses; however, only
$2,500 will be applied toward the family OOPM because the most that can
be applied from any one family member is limited to the individual OOPM
amount.
John $15,500 $500 John has $15,500 of eligible out-of-pocket expenses; however, only $500
needs to be applied for this family to reach their OOPM.
Total applied to family OOPM = $7,500 Family OOPM has been reached
Since the family out-of-pocket maximum has been reached, the Consumer Choice Plan will pay 100% of the $15,000 in
eligible network expenses incurred by John ($15,500 minus the $500 applied to the family out-of-pocket maximum). In
addition, if any other covered family member incurs network eligible expenses later in the year, the plan will pay 100% of
those expenses until the end of that calendar year.

Benefit Maximums
The plan will not pay benefits in excess of any of the benefit maximums under the plan.

Network and Non-Network Providers


Each time you need medical care, you can choose to visit a network or non-network provider.

Network Providers Non-Network Providers


A strictly defined network of providers for this plan
In Texas – Blue Choice Providers that do not participate in the network
Other States – Blue Card
• You receive the higher level of benefits (network benefits). • You receive the lower level of benefits (non-network benefits).
• You are not required to file claim forms. • You are required to file your own claim forms.
• You will not be billed for charges exceeding the plan’s allowable • You may be billed for charges exceeding the plan’s allowable
amount for covered services. amount for covered services.
• Your provider completes any required preauthorization process. • You must complete any required preauthorization process
Using Network Providers
To receive network benefits, you must use network providers (except in the event of emergency). The network has been
established by the claim administrator and consists of physicians, specialty care providers, hospitals, and other health
care facilities to provide services to plan participants.

To find providers in your area, call the Customer Service Helpline or visit www.bcbstx.com. Since network providers
change occasionally, it is important to confirm that the providers you select are still network providers at the time you
receive services. Call the Customer Service Helpline or access the website at any time for the most current listing of
network providers.

19
The network includes a wide range of specialty care
providers and network benefits are generally available Participant/Provider Relationship
only if you use a specialist within the network. However, The choice of health care providers is made solely by you
there may be occasions when you need the services of a and your covered dependents. The claim administrator
non-network provider. In this event, network benefits may does not furnish services or supplies; rather, it makes
be authorized for services provided by a non-network payment for eligible service and supply expenses you incur.
provider. Contact the claim administrator for further The claim administrator is not liable for any act or
information. omission by any provider and is not responsible for a
If you choose a network provider, the provider will bill the provider’s failure or refusal to provide services or supplies
claim administrator – not you – for services provided. You to you or your dependents. The care and treatment you
do not need to submit a claim form. receive are subject to the rules and regulations of the
provider you select.
Network providers have agreed to accept as payment in
full the lesser of the following: The claim administrator, network providers, and/or other
■■ The billed charges.
providers who contract with the claim administrator
Medical

are independent contractors with respect to each other.


■■ The allowable amount established under the plan. The claim administrator does not control, influence, or
■■ Other contractually determined payment amounts. participate in health care treatment decisions made by
providers. The claim administrator does not furnish medical,
You are responsible for paying your deductible and
surgical, hospitalization, or similar services or supplies,
copay/coinsurance amounts. You are also required to pay
or practice medicine or treat patients. The providers, their
for limited or non-covered services and supplies.
employees, their agents, and/or their representatives do
Centers of Excellence not act on behalf of the claim administrator nor are they
The claim administrator, in partnership with the Blue employees of the claim administrator.
Cross and Blue Shield Association, has developed Blue
Distinction Centers. Each center has been selected
through a rigorous evaluation of clinical data that provides Eligible Expenses
insight into the facility’s structures, processes, specialty The plan provides coverage for four categories of eligible
care capabilities, and outcomes of care. Currently, three expenses:
Blue Distinction Center programs are offered: ■■ Inpatient hospital expenses
■■ Blue Distinction Centers for Cardiac Care SM ■■ Medical-surgical expenses
■■ Blue Distinction Centers for Transplants SM ■■ Extended care expenses
■■ Blue Distinction Centers for Bariatric Surgery SM ■■ Other covered expenses

More information is available at Certain expenses are subject to preauthorization and


www.bcbs.com/innovations/bluedistinction/centers. all benefits are subject to the deductibles, copays,
coinsurance amounts, limitations, and exclusions under
Using Non-Network Providers
the plan.
If you choose a provider who does not participate in the
plan’s network, non-network benefits will be available for To be eligible, an expense must be incurred for a
the services and supplies provided and you will need to medically necessary service or supply that is prescribed
submit claim forms. by a physician or other provider recognized under the
plan. To be considered medically necessary, the service
You will receive non-network benefits and be responsible
or supply must be:
for paying:
■■ Essential to, consistent with, and provided for
■■ Your deductible and copay/coinsurance amounts.
the diagnosis or the direct care and treatment of
■■ Charges in excess of the plan’s allowable amount. the condition, sickness, disease, injury, or bodily
■■ Failure to preauthorize penalties. malfunction,
■■ Charges for limited or non-covered services and ■■ Provided in accordance with and consistent with
supplies. generally accepted standards of medical practice in the
United States,
■■ Not primarily for the convenience of the participant, his/
her physician, the hospital, or other provider, and

20
■■ The most economical supplies or levels of service that ■■ Home infusion therapy.
are appropriate for the safe and effective treatment ■■ Injectable drugs (except intramuscular injectable
of the participant. When applied to hospitalization, specialty drugs) that are administered by or under
this further means that the participant requires acute the direction or supervision of a physician or other
care as a bed patient due to the nature of the services professional provider.
■■ Intramuscular injectable specialty drugs. (Must be
provided for the participant’s condition, and the
participant cannot receive safe or adequate care as an
provided and administered by a physician/other
outpatient.
professional provider or purchased through the plan’s
The claim administrator’s medical staff determines specialty drug pharmacy.) To purchase a drug through
whether a service or supply is medically necessary and the specialty drug pharmacy, contact the Customer
considers the views of the state and national medical Service Helpline.
communities, the guidelines and practices of Medicare, ■■ Orthopedic braces (i.e., an orthopedic appliance used
Medicaid, or other government-financed programs, and to support, align, or hold bodily parts in a correct
peer reviewed literature. Although a physician or other position) and crutches including rigid back, leg or neck

Medical
professional provider may have prescribed treatment, the braces; casts for treatment of any part of the legs,
treatment may not be considered medically necessary arms, shoulders, hips or back; special surgical and
under the plan. back corsets; and physician-prescribed, directed, or
Inpatient Hospital Expenses applied dressings, bandages, trusses, and splints that
The plan provides coverage for inpatient hospital are custom designed for the purpose of assisting the
expenses. Each inpatient hospital admission requires function of a joint.
preauthorization as summarized in the Medical ■■ Orthoptics and visual training rendered by an
Preauthorization Requirements provision. optometrist or orthoptic technician.

Medical-Surgical Expenses ■■ Outpatient contraceptive services, including


The plan provides coverage for medical-surgical consultations, examinations, procedures, or medical
expenses. Some services require preauthorization services that are related to the use of a drug or device
as summarized in the Medical Preauthorization intended to prevent pregnancy, and contraceptive
Requirements provision. Medical-surgical expenses devices obtained by prescription. (Prescription oral
include: contraceptive medications are covered under the plan’s

■■ Anesthetics and their administration when performed


prescription drug benefits.)

by someone other than the operating physician or other ■■ Oxygen and its administration provided the oxygen is
professional provider. actually used.

■■ Appliances used in connection with the treatment of ■■ Professional local ground ambulance service or air
conditions affecting the temporomandibular joint. ambulance service to the nearest hospital appropriately

■■ Blood, including the cost of blood, blood plasma, and


equipped and staffed for treatment of the patient’s
condition.
blood plasma expanders that is not replaced by or for
the patient. ■■ Prosthetic appliances, including replacements

■■ Certain diagnostic procedures (limited to bone scan,


necessitated by growth to maturity of the patient.

cardiac stress test, CT scan, MRI [magnetic resonance ■■ Radiation therapy.


imaging], myelogram, PET scan [positron emission ■■ Rental of durable medical equipment required for
tomography], and ultrasound). therapeutic use unless purchase of the equipment is
■■ Certified registered nurse-anesthetist (CRNA) services. required under the plan. Durable medical equipment

■■ Consultation services of a physician or other


does not include equipment primarily designed for
alleviation of pain/patient comfort or home air fluidized
professional provider.
bed therapy. Examples of equipment that is not
■■ Diagnostic x-ray and laboratory procedures. covered include, but are not limited to, air conditioners,
■■ Educational therapy services. air purifiers, humidifiers, physical fitness equipment,
■■ Elective sterilizations. and whirlpool bath equipment.

■■ Foot care in connection with an illness, disease, ■■ Services or supplies used by a participant during an
or condition such as, but not limited to, peripheral outpatient visit to a hospital, a therapeutic center, or a
neuropathy, chronic venous insufficiency, and diabetes. chemical dependency treatment center, or scheduled
services in the outpatient treatment room of a hospital.

21
■■ Travel, lodging and meal expenses in connection with a • Physical, occupational, speech, and respiratory
covered organ or tissue transplant. therapy services provided by licensed therapists.
■■ Wigs and toupees when prescribed by a physician or • Supplies and equipment routinely provided by a
other professional provider and necessary due to injury, home health agency.
disease or treatment of an injury or disease (e.g., hair For purposes of home health care frequency
loss resulting from alopecia, chemotherapy or radiation limitations, each period of care lasting four hours or
treatment). Wigs and toupees purchased for cosmetic less is considered one visit.
reasons are not covered.
Expenses for the following home health care services
Extended Care Expenses are not covered:
The plan provides coverage for extended care expenses. • Food or home delivered meals.
All extended care expenses require preauthorization • Social case work or homemaker services.
as summarized in the Medical Preauthorization • Services provided primarily for custodial care.
Requirements provision. • Transportation services.
Any charges incurred for prescription drugs (including • Home infusion therapy.
Medical

antibiotic therapy) and laboratory services as part • Durable medical equipment.


of home health care or home hospice care are not ■■ Home hospice care expenses including:
considered extended care expenses; instead they are • Part-time or intermittent nursing care provided by an
covered as medical-surgical expenses. RN, APN, or LVN.
• Part-time or intermittent home health aide services
Extended care expenses include:
that consist primarily of caring for the patient.
■■ Skilled nursing facility expenses including: • Physical, speech, and respiratory therapy services
• Usual nursing care provided by a registered nurse provided by licensed therapists.
(RN), advanced practice nurse (APN), or a licensed • Homemaker and counseling services routinely
vocational nurse (LVN). provided by a hospice agency, including
• Room and board. bereavement counseling.
■■ Facility hospice care expenses including:
• Routine services, supplies, and equipment provided
by a skilled nursing facility.
• Usual nursing care by an RN, APN, or LVN.
• Physical, occupational, speech, and respiratory
• Room and board.
therapy services provided by licensed therapists.
• Routine services, supplies, and equipment provided
■■ Home health care expenses including: by a hospice facility.
• Part-time or intermittent nursing care provided by an • Physical, speech, and respiratory therapy services
RN, APN, or LVN. provided by licensed therapists.
• Part-time or intermittent home health aide services
that consist primarily of caring for the patient.
Other Covered Expenses
Other covered expenses are generally covered on the same basis as inpatient hospital expenses, medical-surgical
expenses, and extended care expenses, except as otherwise indicated. Certain services and supplies require
preauthorization as summarized in the Medical Preauthorization Requirements provision.

Other covered expenses include:


Other Covered Expenses
Service/Supply Summary/Limitations
Acquired Brain Medically necessary treatment of an acquired brain injury including cognitive communication and rehabilitation therapy,
Injury community reintegration services, neurobehavioral testing and treatment, neurocognitive rehabilitation and therapy,
neurofeedback therapy, neurophysiological testing and treatment, neuropsychological testing and treatment, post-acute
transition services, psychophysiological testing and treatment, and remediation. For purposes of acquired brain injury
coverage, therapy refers to the scheduled remedial treatment provided through direct interaction with the patient to improve
a pathological condition resulting from the injury.
Chiropractic Services or supplies provided by or under the direction of a doctor of chiropractic. All benefit payments made for
Services chiropractic services, whether under the network or non-network benefit level, are applied toward the 24 visits per calendar
year benefit maximum.

22
Other Covered Expenses
Service/Supply Summary/Limitations
Colorectal Diagnostic, medically recognized screening examinations for the detection of colorectal cancer for participants age 50 or
Cancer older and who are at normal risk for developing colon cancer for:
Detection Tests • A fecal occult blood test performed annually and a flexible sigmoidoscopy performed every five years, or
• A colonoscopy performed every ten years.
Complications • Conditions (when the pregnancy is not terminated) for which the diagnoses are distinct from pregnancy but are adversely
of Pregnancy affected by pregnancy or are caused by pregnancy, such as nephritis, nephrosis, cardiac decompensation, missed
Treatment abortion, and similar medical and surgical conditions of comparable severity. They do not include false labor, occasional
spotting, physician-prescribed rest during the period of pregnancy, morning sickness, hyperemesis gravidarum, pre-
eclampsia, eclampsia, and similar conditions associated with the management of a difficult pregnancy not constituting a
nosologically distinct complication of pregnancy.
• Termination of pregnancy by non-elective cesarean section, termination of ectopic pregnancy, and spontaneous
termination of pregnancy occurring during a period of gestation in which a viable birth is not possible.
Cosmetic, • Treatment provided for the correction of defects incurred in an accidental injury sustained by the participant.
Reconstructive, • Treatment provided for reconstructive surgery following cancer surgery.

Medical
or Plastic • Surgery performed on a newborn child for the treatment or correction of a congenital defect.
Surgery
• Surgery performed on a dependent child (other than a newborn child) under the age of 19 for the treatment or correction
of a congenital defect other than conditions of the breast.
• Services and supplies for reduction mammoplasty when medically necessary and in accordance with the medical policy
guidelines of the claim administrator.
• Reconstruction of the breast on which a mastectomy has been performed; surgery and reconstruction of the other breast
to achieve a symmetrical appearance; and prostheses and treatment of physical complications, including lymphedemas,
at all stages of the mastectomy.
• Reconstructive surgery performed on a dependent child under age 19 due to craniofacial abnormalities to improve
the function of, or attempt to create a normal appearance of an abnormal structure caused by congenital defects,
developmental deformities, trauma, tumors, infections, or disease.
Dental Services • Oral surgery for only the following maxillofacial surgical procedures:
■■ Excision of non-dental related neoplasms, including benign tumors and cysts and all malignant and premalignant
lesions and growths.
■■ Incision and drainage of facial abscess.
■■ Surgical procedures involving salivary glands and ducts and non-dental related procedures of the accessory sinuses.
■■ Surgical and diagnostic treatment of conditions affecting the temporomandibular joint (including the jaw and the
craniomandibular joint) as a result of an accident, a trauma, a congenital defect, a developmental defect, or a
pathology.
• Appliances used in the treatment of conditions affecting the temporomandibular joint.
• Services provided to a newborn child that are necessary for treatment or correction of a congenital defect.
• The correction of damage caused solely by external, violent accidental injury to healthy, un-restored natural teeth and
supporting tissues only if treatment is provided within 24 months of the initial treatment. An injury sustained as a result
of biting or chewing is not considered an accidental injury.
Any other dental services, except as excluded under General Limitations and Exclusions, for which a participant incurs
inpatient hospital expenses for a medically necessary inpatient hospital admission will be determined as summarized in
Inpatient Hospital Expenses.
Diabetes Treatment of a participant who has been diagnosed with diabetes, elevated blood glucose levels induced by pregnancy, or
another medical condition associated with elevated blood glucose levels.
Covered equipment includes blood glucose monitors, insulin pumps, and podiatric appliances, including up to two pairs of
therapeutic footwear per calendar year for the prevention of complications associated with diabetes.
Covered supplies include test strips for blood glucose monitors; visual reading and urine test strips and tablets for glucose,
ketones, and protein; lancets and lancet devices; insulin and insulin analog preparations; injection aids, including devices
used to assist with insulin injection and needleless systems; biohazard disposable containers; insulin syringes; prescriptive
and non-prescriptive oral agents for controlling blood sugar levels; and glucagon emergency kits.
As new or improved treatment and monitoring equipment or supplies become available and are approved by the FDA, the
equipment or supplies may be covered if determined to be medically necessary and appropriate by the treating physician or
other professional provider who issues the written order for the supplies or equipment.
Diabetic management services and diabetes self-management training that is prescribed by a physician or other
professional provider are also covered.

23
Other Covered Expenses
Service/Supply Summary/Limitations
Emergency Care Coverage is provided for medical emergencies wherever they occur. Examples of medical emergencies are unusual or
and Treatment excessive bleeding, broken bones, acute abdominal or chest pain, unconsciousness, convulsions, difficult breathing,
of Accidental suspected heart attack, sudden persistent pain, severe or multiple injuries or burns, and poisonings.
Injury If reasonably possible, a network physician should be contacted before going to a hospital emergency room to help
determine if the patient needs emergency care. If not reasonably possible, the patient should go to the nearest emergency
facility whether or not the facility is a network facility.
Whether hospitalization is required or not, a network physician should be notified within 48 hours of the emergency
treatment, or as soon as reasonably possible, to obtain a recommendation for the continuation of any necessary medical
services.
On the Premium Plan, copays are required for facility charges for each outpatient hospital emergency room visit; however, if
the patient is admitted for the emergency condition immediately following the visit, the copay is waived. Preauthorization of
the inpatient hospital admission is required.
All treatment received during the first 48 hours following the onset of a medical emergency is eligible for network benefits.
Medical

After 48 hours, network benefits are available only if services are received from network providers unless the patient cannot
be safely transferred to the care of a network provider.
Hearing Services for a dependent child as follows:
Impairment • A screening test for hearing loss from birth through the date the child is 30 days old, and
Screening Tests • Necessary diagnostic follow-up care related to the screening tests from birth through the date the child is 24 months old.
Mammography Screenings by low-dose mammography are available and are limited to one routine mammography screening per calendar
Screening year.
Maternity Care Expenses incurred for the delivery of a child are considered maternity care expenses. Coverage is provided for inpatient
care for the mother and newborn child in a health care facility for a minimum of:
• 48 hours following an uncomplicated vaginal delivery.
• 96 hours following an uncomplicated delivery by caesarean section.
Charges for well-baby nursery care, including the initial examination, of a newborn child during the mother’s hospitalization
for the delivery are considered inpatient hospital expenses of the child.
Maternity care benefits are not available for dependent children.
Mental Health Mental health care, treatment of serious mental illness, and treatment of substance abuse (also referred to as chemical
and Substance dependency). Preauthorization is required for all inpatient services as summarized in the Medical Preauthorization
Abuse Requirements provision.
Substance abuse is the abuse of, psychological or physical dependence on, or addiction to alcohol or a controlled
substance. Serious mental illness is any of the following psychiatric illnesses defined by the American Psychiatric
Association in the Diagnostic and Statistical Manual (DSM): bipolar disorders (hypomanic, manic, depressive, and mixed),
depression in childhood and adolescence, major depressive disorders (single episode or recurrent), obsessive-compulsive
disorders, paranoid and other psychotic disorders, pervasive developmental disorders, schizo-affective disorders (bipolar or
depressive), and schizophrenia.
Medically necessary treatment in a psychiatric day treatment facility, a crisis stabilization unit or facility, or a residential
treatment center for children and adolescents in lieu of hospitalization is considered an inpatient hospital expense.
Morbid Obesity Medically necessary treatment of morbid obesity, including bariatric surgery.

24
Other Covered Expenses
Service/Supply Summary/Limitations
Organ and • Services and supplies provided to a participant by a hospital, physician, or other provider related to an organ or tissue
Tissue transplant only if all the following conditions are met:
Transplants ■■ The transplant procedure is not experimental or investigational in nature.
■■ Donated human organs or tissue or an FDA approved artificial device are used.
■■ The recipient is covered under the plan.
■■ The transplant procedure is preauthorized as required under the plan.
■■ The participant meets all of the criteria established by the claim administrator in pertinent written medical policies.
■■ The participant meets all of the protocols established by the hospital in which the transplant is performed.
Covered services and supplies related to an organ or tissue transplant include, but are not limited to, x-rays, laboratory
testing, chemotherapy, radiation therapy, prescription drugs, procurement of organs or tissues from a living or deceased
donor, and complications arising from the transplant.
• Benefits are available for a recipient who is covered under the plan and for a donor who is covered under the plan.
• Covered services and supplies include services and supplies provided for:
■■ Evaluation of organs or tissues including, but not limited to, the determination of tissue matches.
■■ Removal of organs or tissues from living or deceased donors.

Medical
■■ Transportation and short-term storage of donated organs or tissues.
■■ Travel, lodging and/or meal expenses of the recipient or a live donor, provided all case management criteria is
followed by the patient.
• No benefits are available for the following services or supplies:
■■ Donor search and acceptability testing of potential live donors.
■■ Expenses related to maintenance of life of a donor for purposes of organ or tissue donation.
■■ Purchase of the organ or tissue.
■■ Organs or tissue (xenograft) obtained from another species.
• Preauthorization is required for any organ or tissue transplant as summarized in the Medical Preauthorization
Requirements provision. Preauthorization is required even if the patient is already in a hospital under another
preauthorization authorization.
• No benefits are available for any organ or tissue transplant procedure (or the services performed in preparation for,
or in conjunction with, such a procedure) if the claim administrator considers the transplant to be experimental or
investigational.
Osteoporosis Medically accepted bone mass measurement for the detection of low bone mass and to determine a participant’s risk of
Detection and osteoporosis and fractures associated with osteoporosis. However, to be eligible for benefits, a participant must be:
Prevention • A postmenopausal woman not receiving estrogen replacement therapy,
• An individual with vertebral abnormalities, primary hyperparathyroidism, or a history of bone fractures, or
• An individual who is receiving long-term glucocorticoid therapy or being monitored to assess the response to or efficacy
of an approved osteoporosis drug therapy.
Papillomavirus Pap smear screenings or screenings using liquid-based cytology methods, as approved by the FDA, for the early detection
and Cervical of cervical cancer alone or in combination with a test approved by the FDA for the detection of the human papillomavirus for
Cancer women who are or have been sexually active or who have reached 18 years of age.
Detection Tests

Physical Modalities, procedures, tests, and measurements listed in the Physicians’ Current Procedural Terminology Manual
Medicine (Procedure Codes 97010–97799), whether the service or supply is provided by a physician or other professional provider,
Services including, but not limited to, physical therapy, occupational therapy, hot or cold packs, whirlpool, diathermy, electrical
(including stimulation, massage, ultrasound, manipulation, muscle or strength testing, and orthotics or prosthetic training.
physical and Physical medicine services, whether under the network or non-network benefit level, are applied toward any applicable
occupational calendar year visit limits under each level of benefits.
therapy)

25
Other Covered Expenses
Service/Supply Summary/Limitations
Preventive Care • Preventive Care Services (office visit), • Routine Lab Procedures
• Immunizations Routine • Routine Mammograms
• Bone Density Test • Health Education/Counseling Services
• Routine Breast Exam • Routine Pap Smears
• Routine Colonoscopy • Routine Physical
• Routine Colorectal Cancer Screening-Lab • Routine Prostate Test
• Routine Digital Rectal Exam • Smoking Cessation Counseling Services
• Routine Gynecological Exam • Well Baby Care
• Women’s Preventive Care
■■ Gestational diabetes screening
■■ Human Papillomavirus (HPV) DNA testing
■■ STI Counseling and HIV screening and counseling
■■ Contraception (certain drugs only) and contraceptive
counseling
■■ Domestic violence screening
Medical

Benefits are not available for inpatient hospital expenses or medical-surgical expenses for routine physical examinations
performed on an inpatient basis, except for the initial examination of a newborn child.
Prostate Cancer Annual medically recognized diagnostic examinations for the detection of prostate cancer. Benefits are provided only for:
Detection Tests • Physical examinations for the detection of prostate cancer, and
• Prostate-specific antigen tests used for the detection of prostate cancer for a male who is at least:
■■ Age 50 and asymptomatic, or
■■ Age 40 with a family history of prostate cancer or another prostate cancer risk factor.
Speech and Services of a physician or other professional provider to restore loss of or correct an impaired speech or hearing function,
Hearing including but not limited to services in connection with cochlear implants, when provided in accordance with the medical
Services policy guidelines of the claim administrator.
Case Management (Eligible Expense Exceptions) ■■ Benefits are cost effective, and
Under limited circumstances, the claim administrator ■■ The claim administrator anticipates that future costs for
may choose to offer benefits for expenses that would not eligible expenses incurred by the participant may be
otherwise be eligible. The claim administrator, at its sole reduced by these benefits.
discretion, may offer these benefits if:
■■ The participant, his/her family, and the physician agree,
Any decision to provide benefits under this provision will be
made on a case-by-case basis.

Medical Preauthorization Requirements


Preauthorization Services Requiring Preauthorization
The plan requires you to obtain preauthorization before The following services require preauthorization:
certain services are provided. This process allows you ■■ Inpatient hospital admissions.
■■ Extended care, including skilled nursing, home health,
to know in advance if those services will be considered
medically necessary for purposes of coverage under
and hospice care.
the plan. However, preauthorization does not guarantee
payment of benefits. Coverage is always subject to ■■ Home infusion therapy.
applicable plan requirements, such as preexisting ■■ Inpatient mental health and substance abuse treatment.
conditions, limitations and exclusions, payment of ■■ Transfer from one facility to another or transfer to or from
contributions, and eligibility at the time services are a specialty unit within a facility.
■■ Organ transplants.
provided.

Requesting Preauthorization
Although network providers will normally complete the
preauthorization process for you, you are responsible
for ensuring that all preauthorization requirements are
satisfied. Failure to complete preauthorization requirements
may result in reduced/denied benefits or penalties as
summarized in the Failure to Preauthorize provision.

26
To request preauthorization, you, your provider, or a family member must call 1-800-441-9188 between 7:30 a.m.
and 6:00 p.m. Central Time on business days. Calls made after working hours or on weekends will be recorded and
returned the next working day.
Service Preauthorization Requirement
Inpatient Hospital Admissions Request preauthorization at least two working days before admission. In an emergency, request
preauthorization within two working days following admission, or as soon thereafter as reasonably
possible.
When a hospital admission is preauthorized, a length-of-stay is assigned. If you require a longer stay than
the preauthorized length-of-stay, your provider may request an extension for the additional days. Room
and board charges for days of confinement that are not medically necessary are not covered under the
plan.
Minimum lengths-of-stay are provided for:
• Maternity care for the mother and newborn child
■■ 48 hours following an uncomplicated vaginal delivery
■■ 96 hours following an uncomplicated delivery by caesarean section

Medical
• Treatment of breast cancer
■■ 48 hours following a mastectomy
■■ 24 hours following a lymph node dissection
Extended Care and Home The agency or facility providing the services must contact the claim administrator to request
Infusion Therapy preauthorization:
• Prior to initiating extended care or home infusion therapy. (If services are to be provided in less than one
week, the agency or facility should call the medical preauthorization helpline shown on you ID card.)
• When an extension of the initially preauthorized service is required.
• When the treatment plan is altered.
The claim administrator will send a written notice of authorization or denial of benefits to you and the
agency/facility.
Mental health and substance Request preauthorization prior to receiving any inpatient treatment for these conditions.
abuse treatment
Transfer from one facility to Request preauthorization prior to transfer.
another or transfer to or from a
specialty unit within a facility.
Organ transplants Request preauthorization prior to any organ or tissue transplant. This applies even if the patient is already
in a hospital under another preauthorization authorization.
Preauthorization of services does not affect your benefit level. For example, if you elect to use non-network providers
for services that are available from network providers, non-network benefits will be paid. However, if the claim
administrator determines that medically necessary services are not available from a network provider during the
preauthorization process, you may receive authorization to receive services from a non-network provider and receive
network benefits for those specifically authorized services.

Preauthorization Appeal Procedure


If you or your physician disagrees with the preauthorization decision prior to or while receiving services, you may appeal
that decision by contacting the claim administrator.

In some instances, the resolution of the appeal process will not be completed until your inpatient admission or service
has occurred and/or your assigned length of stay/service has elapsed. If you disagree with a decision after claim
processing has taken place or upon receipt of the notification letter from the claim administrator, you may request
a review of that decision by having your physician call the contact person indicated in the notification letter or by
submitting a written request to:
Claim Review Section
Blue Cross and Blue Shield of Texas
P.O. Box 660044
Dallas, TX 75266-0044

You may submit additional information and comments on the preauthorization decision to the claim administrator
within the 30-day period following the date you request review. During this 30-day period, you may also review any
documents relevant to your preauthorization decision held by the claim administrator.

27
The claim administrator will send you its decision within ■■ If the claim administrator determines the treatment or
30 days of receiving your request for review. In unusual service was not medically necessary, benefits will be
situations, an additional 15 days may be needed for reduced or denied.
the review. In this event, you will be notified of the delay ■■ If the claim is in connection with an inpatient hospital
during the initial 30-day period. admission, a 50% penalty will be applied to any benefit
Failure to Preauthorize payable for your hospitalization.
If you do not obtain preauthorization when required, any ■■ If an inpatient hospital admission or extension for
claim for benefits for the applicable services or supplies any service that requires preauthorization was not
will be subject to the following: preauthorized and it is determined that the admission
■■ If preauthorization was requested and benefits were or extension was not medically necessary, benefits will
denied during the preauthorization process, the claim be reduced or denied.
will be denied.

Prescription Drug Benefits


Medical

The plan provides benefits for covered drugs that are medically necessary and prescribed to treat a condition,
sickness, disease, injury, or bodily malfunction. To be covered, the drug must be approved by the FDA and recognized
by one of the following for treatment of the condition for which the drug is prescribed:
■■ A prescription drug reference approved by the appropriate state agency.
■■ Substantially accepted peer-reviewed medical literature.

When a new drug is approved by the FDA, it becomes eligible for benefits unless the intended use is specifically
excluded under the plan.

Prescription Drug Schedule of Benefits


Benefits are available for prescription drugs as shown below:
Prescription Drug Schedule of Benefits
Premium Plan Consumer Choice Plan
Network Non-Network Mail Service Network Non-Network Mail Service
Pharmacy Pharmacy Pharmacy Pharmacy Pharmacy Pharmacy
Maximum supply 30 days N/A 90 days 30 days N/A 90 days
You pay
Generic drugs 15% Not Covered 15% $0 Not Covered $0
(minimum $5, (minimum $5, after deductible after deductible
maximum $20) maximum $20) is met is met
Preferred brand 25% Not Covered 25% $0 Not Covered $0
name drugs* (minimum $20, (minimum $20, after deductible after deductible
maximum $75) maximum $75) is met is met
Non-preferred 35% Not Covered 35% $0 Not Covered $0
brand name (minimum $35, (minimum $35, after deductible after deductible
drugs* maximum $100) maximum $100) is met is met
* Mandatory generic substitution applies.

If your prescription drug purchase is covered under the Covered Drugs


plan and the actual cost of the drug is less than your To be covered, a drug must be a legend drug (including
copay amount, you will pay the actual cost of the drug. insulin, insulin analogs, insulin pens, and prescription and
non-prescription oral agents for controlling blood sugar
Drugs purchased at non-network pharmacies are not levels, with disposable syringes and needles needed for
covered under the plan. self-administration):
■■ That is medically necessary and ordered by a physician
or other professional provider,
■■ For which a prescription is provided by a physician or
other professional provider,

28
■■ For which a separate charge is customarily made, Generally, you are not required to complete a claim form.
■■ That is not entirely consumed at the time and place that However, if the pharmacy cannot process your claim
the prescription is written, for you (e.g., if you do not present your ID card), pay the

■■ For which the FDA has given approval for at least one
pharmacy the full amount for your purchase and submit a
claim for reimbursement, as summarized in Medical and
indication, and
Prescription Drug Claims.
■■ That is dispensed by a pharmacy, except when received
from a provider’s office or during confinement while a Specialty Drug Pharmacy
patient in a hospital or other facility. (Drugs received in a If your prescription is for a specialty, high-dollar injectable
provider’s office or while a patient in a hospital or other drug, it must be filled through the plan’s specialty drug
facility may be covered under the plan’s medical benefits.) pharmacy. You or your prescribing physician can obtain
information on this pharmacy by calling the Customer
Mandatory Generic Substitution Service Helpline at the telephone number shown on your
The plan will require you to fill prescriptions with a generic ID card.
if one is available.
■■ For the Premium Plan, if you choose to purchase a Your physician will be asked to complete a Specialty Drug

Medical
brand name drug when a generic is available, you will Prescription Form, which provides the pharmacy with the
pay the coinsurance for the preferred brand name plus information needed to process your request. The specialty
the difference in price between the brand name drug drug pharmacy will fill your prescription, mail it to you, and
and the generic drug. bill you for your share of the cost.

■■ For the Consumer Choice Plan, you pay the full cost of Mail Service Pharmacy
the prescription until you meet your deductible. Once The mail service pharmacy is available for maintenance
you’ve met the deductible, if you choose to purchase drug purchases, such as those that are prescribed on a
a brand name drug when there is a generic available, long-term basis for high blood pressure or diabetes.
the plan will cover only the cost of the generic and you
To have a prescription filled through the mail service
will pay any difference in cost between the brand name
pharmacy, send your prescription and payment to the
drug and generic drug.
address shown on the Mail Order Prescription Form. The
Pharmacies form is available at www.bcbstx.com or by calling the
When you need a prescription filled, you may purchase the Customer Service Helpline. Amounts owed are shown in
drug at a network pharmacy, the specialty drug pharmacy the Prescription Drug Schedule of Benefits. If you need
(for specialty drugs), or through the mail service pharmacy. assistance in determining your copay amount, call the
Customer Service Helpline.
Network Pharmacy
Network pharmacies have agreed to accept as payment If you send an incorrect amount, you will receive a credit
in full the lesser of: for any excess amount or be billed for any balance due.
■■ The billed charges. You may order refills from the mail service pharmacy at
■■ The allowable amount determined by the claim www.myrxhealth.com or by calling 1-877-262-7977 and
administrator. selecting option two.
■■ Other contractually determined payment amounts.
Preferred Brand Name Drug List
You can find a network pharmacy by visiting As shown in the Prescription Drug Schedule of Benefits,
www.bcbstx.com or by calling the Customer Service you pay different deductible, copay, or coinsurance
Helpline at the telephone number shown on your ID card. amounts for preferred brand name drugs and non-
preferred brand name drugs. To be considered preferred,
When you purchase a drug at a network pharmacy:
the drug must be included on the preferred brand name
■■ Present your ID card to the pharmacist along with your
drug list that is maintained by the claim administrator.
prescription.
The list is developed using information published by the
■■ Provide the pharmacist with the patient’s birth date and American Medical Association, Academy of Managed Care
relationship to the employee. Pharmacies, and other pharmacy and medical related
■■ Sign the insurance claim log. organizations. The published information describes clinical
■■ Pay the appropriate deductible, copay, or coinsurance outcomes, drug efficacy, and side effect profiles.
amount for each prescription filled or refilled, any The list is regularly reviewed and updated and is available
applicable pricing difference, and any amounts at www.bcbstx.com or by calling the Customer Service
necessary for limited or non-covered drugs. Helpline.

29
Drugs that do not appear on the preferred brand name ■■ Contraceptive devices, non-prescription contraceptive
drug list are subject to the non-preferred brand name materials, (except prescription contraceptive drugs that
drug deductible, copay, or coinsurance amount plus any are legend drugs.) Note: coverage for contraceptive
applicable pricing differences. devices may be provided under the plan’s medical
benefits.
Injectable Drugs
Self-administered injectable drugs, such as insulin, are ■■ Cosmetic drugs used primarily to enhance appearance
also covered under the plan. You are responsible for including, but not limited to, correction of skin wrinkles
your deductible, copay, or coinsurance amount and any and skin aging.
applicable pricing differences. Supplies required for self- ■■ Covered drugs, devices, or other pharmacy services or
administered injections are limited to 100 syringes and supplies for which benefits are, or could upon proper
needles per 30-day period. claim be, provided under any local, state, or federal
laws, regulations, or procedures, except any program
Prescription Drug Preauthorization that is a state plan for medical assistance (Medicaid)
To ensure that a drug is safe, effective, and part of a specific or any prescription drug that may be properly obtained
treatment plan, certain drugs require preauthorization
Medical

without charge under local, state, or federal programs,


and the evaluation of additional clinical information unless the exclusion is expressly prohibited by law.
before they are dispensed. A list of the drugs that require This exclusion does not apply to coverage held by a
preauthorization is available at www.bcbstx.com. participant for prescription drugs under an automobile
When you present a prescription to a network pharmacy casualty insurance policy.
or the mail service pharmacy for one of these designated ■■ Covered drugs, devices, or other pharmacy services
drugs, your physician or other professional provider will or supplies provided or available in connection with
be required to submit a Preauthorization Request Form an occupational sickness or an injury sustained in the
before the drug can be dispensed. scope of and in the course of employment whether
or not benefits are, or could upon proper claim be,
Right of Appeal
provided under workers’ compensation law.
If preauthorization is requested and denied for your
prescription, you have the right to appeal the claim ■■ Covered drugs for which a pharmacy’s usual and
administrator’s decision as summarized in Medical and customary charge to the general public is less than or
Prescription Drug Claims. equal to the participant’s copay amount under the plan.
■■ Devices or durable medical equipment of any type
Prescription Drug Limitations and
(even if the device/equipment requires a prescription)
Exclusions such as, but not limited to, therapeutic devices, artificial
Prescription drug benefits are not available for the items
appliances, or similar devices (except disposable
listed below. Additional limitations and exclusions are
hypodermic needles and syringes for self-administered
summarized in Medical and Prescription Drug Limitations
injections). Note: coverage for certain devices and
and Exclusions.
durable medical equipment may be provided under the
■■ Administration or injection of any drugs. plan’s medical benefits.
■■ Allergy serum and allergy testing materials. ■■ Drugs dispensed in a physician’s or other professional
■■ Athletic performance enhancement drugs. provider’s office or during confinement while a patient
■■ Brand-name proton pump inhibitor drugs, which are is in a hospital or other acute care institution or facility,
commonly used to treat acid reflux and heartburn. including take-home drugs, and drugs dispensed by
Examples include: Nexium, Prevacid, and Protonix. a nursing home or custodial or chronic care institution
or facility. Note: coverage for these drugs may be
■■ Compound drugs that do not meet all of the following
provided under the plan’s medical benefits.
requirements: the drugs in the compounded product
must be FDA approved, the approved product must ■■ Drugs dispensed in quantities in excess of the supply
have an assigned National Drug Code (NDC), and limits shown in the Prescription Drug Schedule of
the primary active ingredient must be a covered drug Benefits, refills of any prescriptions in excess of the
under the plan. number of refills specified by the physician or other
authorized professional provider or by law, or any drugs
or medicines dispensed more than one year following
the prescription date.

30
■■ Drugs for which the use or intended use would be ■■ Rogaine, minoxidil, or any other drugs, medications,
illegal, unethical, imprudent, abusive, not medically solutions, or preparations used or intended for use in
necessary, or otherwise improper. the treatment of hair loss, hair thinning, or any related
■■ Drugs obtained by unauthorized, fraudulent, abusive, condition, whether to facilitate or promote hair growth,
or improper use of the ID card. to replace lost hair, or otherwise.

■■ Drugs required by law to be labeled: “Caution – Limited ■■ Smoking cessation and nicotine addiction treatment
by Federal Law to Investigational Use” or experimental services and supplies.
drugs, even though a charge is made for the drugs. ■■ Special services provided by a pharmacy, including but
■■ Drugs that do not by law require a prescription from a not limited to, counseling and delivery.
provider (except insulin, insulin analogs, insulin pens, ■■ Vitamins except those that by law require a prescription
and prescriptive and non-prescriptive oral agents for and for which there is no non-prescription alternative.
controlling blood sugar levels), and drugs or covered
devices for which no valid prescription is obtained.
■■ Drugs used or intended to be used for the treatment Medical and

Medical
of a condition, sickness, disease, injury, or bodily
malfunction that is not covered under the plan.
Prescription Drug
■■ Fluids, solutions, nutrients, or medications (including all
Limitations and
additives and chemotherapy) used or intended to be Exclusions
used by intravenous or gastrointestinal (enteral) infusion
Preexisting Condition Exclusion
or by intravenous, intramuscular (in the muscle),
Benefits for eligible expenses incurred for treatment of a
intrathecal (in the spine), or intraarticular (in the joint)
preexisting condition will not be available during the first
injection in the home setting. This exclusion does not
12 months a participant age 19 or older is covered under
apply to dietary formula necessary for the treatment of
the plan.
phenylketonuria (PKU) or other heritable diseases, or
to intramuscular injectable specialty drugs purchased A preexisting condition is a condition for which
through the plan’s specialty drug pharmacy. medical advice, diagnosis, care, or treatment has been
■■ Intramuscular injectable specialty drugs unless recommended or received during the three months
obtained through the plan’s specialty drug pharmacy, before the effective date of coverage.
or any other injectable drugs, except Depo Provera The preexisting condition exclusion does not apply to
or injectable drugs that are self-administered an individual who has been continuously covered under
subcutaneously. creditable coverage if the creditable coverage was in
■■ Legend drugs that are not approved by the FDA for a effect:
particular use or purpose or when used for a purpose ■■ For a cumulative period of at least 12 months.
■■ Up to a date not more than 63 days before the
other than the purpose approved by the FDA, except
as required by law or regulation.
individual became covered under this plan, excluding
■■ Oral and injectable infertility and fertility medications. the waiting period.
■■ Prescription antiseptic or fluoride mouthwashes, mouth
The claim administrator credits the time an individual was
rinses, or topical oral solutions or preparations.
covered under creditable coverage if his/her previous
■■ Prescriptions for which there is an over-the-counter coverage was in effect under a health benefit plan at
product available with the same active ingredients. any time during the 12 months prior to his/her effective
■■ Prescriptions that do not meet preauthorization date of coverage under this plan. Any waiting period that
requirements. applied before coverage became effective under that
■■ Retin A or pharmacologically similar topical drugs for health benefit plan is also credited.
participants age 35 or over unless the drugs have The following are not considered preexisting conditions:
■■ Pregnancy
received preauthorization.

■■ Conditions resulting from domestic violence

31
■■ Genetic information without a diagnosis of a specific ■■ Foot care services and supplies for flat feet, fallen
condition arches, and chronic foot strain.

All other terms, provisions, limitations, and exclusions ■■ Items that include, but are not limited to, an orthodontic
under the plan apply to a participant even if the or other dental appliance; splints or bandages provided
preexisting condition exclusion does not apply. by a physician in a non-hospital setting or purchased
over-the-counter for support of strains and sprains;
General Limitations and Exclusions orthopedic shoes that are a separable part of a
Benefits are not available under the plan for the items covered brace, specially ordered, custom-made or
listed below. Additional limitations and exclusions that built-up shoes, cast shoes, shoe inserts designed
apply to prescription drugs are summarized under to support the arch or affect changes in the foot or
Prescription Drug Benefits. foot alignment, arch supports, and garter belts. This
■■ Any portion of a charge for a service or supply that is in exclusion does not apply to podiatric appliances when
excess of the allowable amount as determined by the provided as diabetic equipment.
claim administrator. ■■ Occupational therapy services that do not consist
■■ Cancelled appointment, completion of insurance forms,
Medical

of traditional physical therapy modalities and which


or acquisition of medical records charges. are not part of an active multi-disciplinary physical
■■ Charges for services received as a result of injury or rehabilitation program designed to restore lost or
sickness caused by or contributed to by engaging in an impaired body function.
illegal act or occupation; by committing or attempting ■■ Outpatient prescription or nonprescription drugs,
to commit any crime, criminal act, assault or other except those specifically included under the plan.
felonious behavior; or by participating in a riot or public ■■ Prescription antiseptic or fluoride mouthwashes, mouth
disturbance. rinses, or topical oral solutions or preparations.
■■ Chelation therapy services or supplies except for ■■ Prescription drugs purchased at non-network
treatment of acute metal poisoning. pharmacies.
■■ Cosmetic, reconstructive, or plastic surgery services ■■ Private duty nursing services, except for covered
or supplies, except as provided for those services or extended care expenses.
■■ Prosthetic appliance replacements, except those
supplies in the Other Covered Expenses provision.
■■ Custodial care services and supplies. necessitated by growth due to maturity of the
■■ Dental care and treatment, oral surgery, or dental participant.
appliance expenses, except as provided for dental ■■ Room and board charges incurred during a hospital
services in the Other Covered Expenses provision. admission for diagnostic or evaluation procedures
■■ Dietary and nutritional services and supplies except as unless the tests could not have been performed on
provided under the plan for: an outpatient basis without adversely affecting the
• An inpatient nutritional assessment program patient’s physical condition or the quality of medical
provided in and by a hospital and approved by the care provided.
claim administrator, or ■■ Routine foot care services and supplies including the
• Benefits for treatment of diabetes as summarized in removal of warts, corns, or calluses, or the cutting and
the Other Covered Expenses provision. trimming of toenails in the absence of severe systemic
■■ Donor expenses for a participant in connection with disease.
an organ and tissue transplant if the recipient is not ■■ Services or supplies for which a participant is not
covered under the plan. required to make payment or for which he/she would
■■ Except as specifically included as an eligible expense, have no legal obligation to pay in the absence of this
medical social services, outpatient family counseling or any similar coverage, except services or supplies
and/or therapy, bereavement counseling, vocational for treatment of mental illness or mental retardation
counseling, or marriage and family therapy and/or provided by a Texas tax supported institution.
counseling. ■■ Services or supplies for which benefits are available
■■ Expenses for a covered service, supply or procedure under any laws or regulations except Medicaid. This
after any specified day/visit or calendar year limit or exclusion does not apply to any coverage held by a
maximum has been paid. participant for medical expenses under an automobile
■■ Experimental or investigational services and supplies. casualty insurance policy.

32
■■ Services or supplies not specifically defined as eligible ■■ Services or supplies provided in connection with
expenses under the plan. an occupational sickness or an injury sustained in
■■ Services or supplies provided before the participant the scope of and in the course of any employment
is covered under the plan or services or supplies whether or not benefits are available under workers’
provided after the participant’s coverage terminates. compensation law.

■■ Services or supplies provided by a person who is ■■ Services or supplies provided primarily for:
related to the participant by blood or marriage. • Environmental sensitivity.

■■ Services or supplies provided for injuries sustained:


• Clinical ecology or any similar treatment not
recognized as safe and effective by the American
• As a result of war, declared or undeclared, or any
Academy of Allergists and Immunologists.
act of war, or
• Inpatient allergy testing or treatment.
• While on active or reserve duty in the armed forces
of any country or international authority. ■■ Services or supplies provided to a participant outside

■■ Services or supplies provided for or in conjunction with:


the United States if the participant traveled to the
location for the purpose of receiving medical services,
• Sterilization reversal.

Medical
supplies, or drugs.
• Transsexual surgery.
• Sexual dysfunctions. ■■ Services or supplies that are not medically necessary
• In vitro fertilization. and essential to the diagnosis or direct care and
• Promotion of fertility through extra-coital treatment of a sickness, injury, condition, disease, or
reproductive technologies including, but not limited bodily malfunction.
to, artificial insemination, intrauterine insemination, ■■ Smoking cessation and nicotine addiction treatment
super ovulation uterine capacitation enhancement, services and supplies.
direct intra-peritoneal insemination, trans-uterine ■■ Travel or ambulance services because they are
tubal insemination, gamete intra-fallopian transfer, more convenient for the patient than other types of
pronuclear oocyte stage transfer, zygote intra- transportation whether or not recommended by a
fallopian transfer, and tubal embryo transfer. physician or other professional provider.
■■ Services or supplies provided for the following types of
In addition, if a network facility furnishes covered services
treatment:
or supplies that it has not been specifically approved to
• Acupuncture.
furnish under a written contract or agreement with the
• Video fluoroscopy.
claim administrator, benefits for those services or supplies
• Intersegmental traction.
will be paid at the non-network benefit level.
• Surface EMGs.
• Manipulation under anesthesia.
• Muscle testing through computerized kinesiology
machines such as Isostation, Digital Myograph and Circumstances That
Dynatron. May Affect Medical
■■ Services or supplies provided for: and Prescription
Drug Benefits
• Treatment of myopia and other errors of refraction,
including refractive surgery.
• Eyeglasses or contact lenses, except intraocular Coordination of Benefits
lenses. When you are covered under this plan and another plan
• Examinations for the prescription or fitting of that provides benefits for an eligible expense, one plan
eyeglasses or contact lenses, except as provided pays benefits first, and the other pays second.
for preventive care in the Other Covered Expenses
provision. Certain rules are used to determine which plan pays
• Restoration of loss or correction to an impaired first – the primary plan, and which pays second – the
speech or hearing function, including hearing aids, secondary plan. When this plan’s benefits are secondary,
except as provided for speech and hearing services benefits are coordinated so that the total benefits from all
in the Other Covered Expenses provision. plans are no more than the maximum payable under this
plan. In no event will this plan pay more than it would pay
■■ Services or supplies provided in connection with a
if it were the primary plan.
routine physical examination if charges for the services or
supplies exceed the preventive care calendar year limit.

33
For purposes of this provision, a plan means any group The term “plan” does not include:
insurance or group-type coverage, whether insured or ■■ Any coverage held by the participant for hospitalization
uninsured, including: and/or medical-surgical expenses that is written as a
■■ Group or blanket insurance. part of or in conjunction with any automobile casualty
■■ Franchise insurance that terminates upon cessation of insurance policy.
employment. ■■ A policy of health insurance that is individually
■■ Group hospital or medical service plans and other underwritten and individually issued.
group prepayment coverage. ■■ School accident type coverage.
■■ Any coverage under labor-management trustee ■■ A state plan under Medicaid.
arrangements, union welfare arrangements, or
Each contract or other arrangement for coverage is a
employer organization arrangements.
separate plan. Also, if an arrangement has two parts and
■■ Governmental plans or coverage required or provided coordination of benefit rules apply only to one part, each
by law. of the parts is considered a separate plan.
Medical

Determining Primary and Secondary Plans


A plan without a coordination of benefits provision is always the primary plan. Other coordination of benefit rules are
shown in the following table.

Coordination of Benefits Rules


Non-dependent/ Dependent The plan that covers the participant as an employee, member or subscriber is primary to the plan that covers
the participant as a dependent. However, the order of benefits between the two plans is reversed and the plan
that covers the person as a dependent is primary if the participant is also a Medicare beneficiary, and as a
result of federal law or regulations, Medicare is:
• Secondary to the plan covering the person as a dependent, and
• Primary to the plan covering the person as other than a dependent (e.g., a retired employee).
Child – Parents Are Not When this plan and another plan cover the same child as the dependent of two or more parents, the primary
Separated or Divorced plan is the plan of the parent whose birthday falls earlier in the year. If both parents have the same birthday, the
plan that has covered either of the parents for a longer period of time is the primary plan. However, if the other
plan does not have this rule but instead has a rule based on the gender of the parent and, as a result, the plans
do not agree on the order of benefits, the rule in the other plan will determine the order of benefits.
Child – Parents Are When this plan and another plan cover the same child as the dependent of two or more parents, the primary
Separated or Divorced plan is the first of the following:
• The plan of the parent with custody of the child.
• The plan of the spouse of the parent with custody of the child.
• The plan of the parent who does not have custody of the child.
However, if the specific terms of a court decree state that one of the parents must provide health coverage or
pay for the child’s health care expenses, that parent’s plan is primary if the plan has been notified of the court
decree. This rule does not apply to any calendar year in which benefits have been paid for that child before the
plan is notified of the court decree.
Joint Custody If the terms of a court decree state that the parents share joint custody, but do not specify which parent is
responsible for health care expenses, the rule applying to parents who are not separated or divorced (above)
applies.
Active or Inactive Employee A plan that covers a person as an employee who is neither laid off nor retired is primary to a plan that covers
the person as a laid-off or retired employee (or as that person’s dependent). If the other plan does not have this
rule and, as a result, the plans do not agree on the order of benefits, this rule does not apply.
Continuation Coverage The plan that covers a person as an active employee, member or subscriber (or as that person’s dependent)
is primary to a plan that covers that person under a right of continuation pursuant to federal law (e.g., COBRA)
or state law. If the other plan does not have this rule and, as a result, the plans do not agree on the order of
benefits, this rule does not apply.
Longer/Shorter Length of If none of the above rules determine which plan is primary, the plan that has covered the person for the longer
Coverage period of time will be primary to a plan that has covered the person for a shorter period of time.

34
Effect on Plan Benefits Right of Reimbursement
When this plan’s benefits are secondary, benefits are In jurisdictions where subrogation rights are not
reduced so that the total benefits from all plans pay no recognized or not available due to other circumstances,
more than the maximum payable under this plan. Benefits the plan has a right of reimbursement. This means that
payable under other plans include all benefits that would if you or your dependent recovers money from another
be payable if proper claims had been submitted in a party for an injury or condition for which the plan has paid
timely manner. benefits, the plan must be reimbursed from the recovered
money for the amount of benefits paid or provided under
Information Sharing
the plan.
You are responsible for notifying the claim administrator
of any other plans under which you or your dependents For example, assume that your injuries in a car accident
are covered, the benefits available under those plans, have been determined to be the fault of the other driver
and any other information needed for claim processing. and his insurance company has agreed to a settlement
The claim administrator determines what information is in the amount of your medical expenses. When you
needed to apply coordination of benefit rules and may receive payment from his insurance company, you must

Medical
obtain information from or release information to any reimburse the plan for any expenses the plan has paid for
other organization or person for this purpose without your treatment of your injuries.
consent.
Right to Recovery by Subrogation or
Payments Reimbursement
If a payment made under another plan includes an You or your dependent must promptly furnish to the
amount that should have been paid under this plan, the plan all information that you have concerning your
claim administrator may pay that amount to that plan. rights of recovery and fully assist and cooperate with
This will be considered a benefit payment and will satisfy the plan in protecting and obtaining its subrogation and
this plan’s obligation for that benefit amount. reimbursement rights. You, your dependent, or your
attorney must notify the plan before settling any claim or
If the benefit amount paid by this plan exceeds
suit to allow the plan to enforce its rights by participating
the amount that should have been paid under this
in the settlement of the claim or suit.
coordination of benefits provision, the claim administrator
may recover the excess from one or more of: You or your dependent may not allow the subrogation
■■ The person that has been paid or for whom benefits and reimbursement rights of the plan to be limited or
were paid. harmed by any acts or failure to act on your part.

■■ Insurance companies.
■■ Hospitals, physicians, or other providers.
Medical/Prescription
■■ Any other person or organization.
Drug Identification
Subrogation
If it is determined that another party may have caused or
Cards
contributed to an injury or condition that requires services Your identification (ID) card tells providers that you are
or supplies for which the plan has paid benefits, the plan eligible for benefits under the plan. The card offers
is subrogated to all rights of recovery that you or your a convenient way of providing important information
dependent have against the other party for the amount of specific to your coverage including, but not limited to, the
benefits the plan has paid. Subrogation is the substitution following:
of one person or entity (the plan) in the place of another ■■ Your subscriber identification number. This unique
(you or your dependent) with reference to a lawful claim, identification number is preceded by a three-character
demand or right. This means the plan may use your alpha prefix that identifies your claim administrator.
■■ Your group number. This number identifies the plan
rights to recover money through judgment, settlement, or
otherwise from the other party.
with the claim administrator.
■■ Deductible, copay, or coinsurance amounts that apply
to your coverage.
■■ Important telephone numbers.

35
Medical/Prescription
Always carry your ID card with you and present it to
providers and pharmacies when you receive health care
services or supplies. Drug Customer
If a change in your family takes place, an updated ID card Service
may be necessary. In this event, the claim administrator
will provide a new ID card to you upon receipt of the Important Contact Information
updated information. Accessible Hours
Resource Contact Central Time
Unauthorized, Fraudulent, Improper, or Abusive Customer Service 1-877-262-7977 Monday – Friday
Use of ID Cards Helpline 8:00 a.m. – 8:00 p.m.
Fraudulent or intentionally unauthorized, abusive or other Website www.bcbstx.com 24 hours a day
improper use of ID cards issued to you and your covered 7 days a week
dependents includes, but is not limited to: Medical 1-800-441-9188 Monday – Friday
■■ Use of the ID card prior to the effective date of Preauthorization 7:30 a.m. – 6:00 p.m.
Helpline
coverage or after coverage terminates.
Medical

■■ Obtaining prescription drugs or other benefits that are


Mental Health 1-800-528-7264 24 hours a day
Helpline 7 days a week
not covered under the plan or for persons who are not
Nurse Helpline 1-800-581-0368 24 hours a day
covered under the plan. 7 days a week
■■ Obtaining covered drugs for resale or for use by any
person other than the person for whom the prescription Customer Service Helpline
is written, even if the person is otherwise covered Call the Customer Service Helpline to speak to a
under the plan. customer service representative. Customer service
■■ Obtaining covered drugs without a prescription or
representatives can:
through the use of a forged or altered prescription. ■■ Identify your plan service area.
■■ Obtaining quantities of prescription drugs in excess of ■■ Give you information about network providers.
medically necessary or prudent standards of use or in ■■ Distribute claim forms.
excess of quantity limitations under the plan. ■■ Answer your questions on claims.
■■ Obtaining prescription drugs by using prescriptions for ■■ Assist you in identifying a network provider (but will not
the same drugs from multiple providers. recommend specific network providers).
■■ Obtaining prescription drugs from multiple pharmacies ■■ Provide information on the features of the plan.
through use of the same prescription.
■■ Record comments about providers.
The fraudulent or intentionally unauthorized, abusive or ■■ Assist you with questions regarding the prescription
other improper use of ID cards by any participant can drug program.
result in, but is not limited to, the following sanctions
being applied to you and your covered dependents: Claim Administrator’s Website
■■ Denial of benefits. Visit the claim administrator’s website at
www.bcbstx.com for information about the plan, access
■■ Termination of coverage for you and all of your covered
to forms, and much more.
dependents.
■■ Limitation on the use of the ID card to one designated Medical Preauthorization Helpline
physician, other provider, or network pharmacy of your Call the Medical Preauthorization Helpline to request
choice. medical preauthorization for inpatient hospital

■■ Recovery from you or any of your covered dependents


admissions, extended care expenses, home infusion
therapy, and other services listed in the Services
of any benefit payments made.
Requiring Preauthorization provision. (Failure to obtain
■■ Preauthorization of drug purchases and medical preauthorization may result in reduction or denial of
services for you and all of your covered dependents. benefits.)
■■ Notice to proper authorities of potential violations of law
or professional ethics.

36
Mental Health Helpline Mail-Order Program
You, your physician, provider of services, or a family When you receive Covered Drugs dispensed through the
member may call the Mental Health Helpline at any time Mail-Order Program, you must complete and submit the
to request preauthorization for treatment of mental health mail service prescription drug claim form to the address
or substance abuse. (Failure to obtain preauthorization on the claim form. Additional information may be obtained
may result in reduction or denial of benefits.) from your Employer, from the Claim Administrator, from
the BCBSTX website at www.bcbstx.com/pharmacy, or
by calling the Customer Service Helpline.
CLAIM FILING Participant- filed claims
AND APPEALS ■■ Medical Claims
PROCEDURES If your Provider does not submit your claims, you will
need to submit them to the Claim Administrator using
CLAIM FILING PROCEDURES
a Subscriber-filed claim form provided by the Plan.
Filing of Claims Required Your Employer should have a supply of claim forms

Medical
or you can obtain copies from the BCBSTX website.
Claim Forms
Follow the instructions on the reverse side of the form to
When the Claim Administrator receives notice of claim,
complete the claim. Remember to file each Participant’s
it will furnish to you, or to your Employer for delivery to
expenses separately because any Copayment Amounts,
you, the Hospital, or your Physician or Professional Other
Deductibles, maximum benefits, and other provisions are
Provider, the claim forms that are usually furnished by it
applied to each Participant separately. Include itemized
for filing Proof of Loss.
bills from the health care Providers, labs, etc., printed
The Claim Administrator for the Plan must receive claims on their letterhead and showing the services performed,
prepared and submitted in the proper manner and form, dates of service, charges, and name of the Participant
in the time required, and with the information requested involved.
before it can consider any claim for payment of benefits. ■■ Prescription Drug Claims
Who Files Claims When you receive Covered Drugs dispensed from a non-
Providers that contract with the Claim Administrator Participating Pharmacy, a Prescription Reimbursement
and some other health care Providers (such as ParPlan Claim Form must be submitted. This form can be
Providers) will submit your claims directly to the Claim obtained from the Claim Administrator or your Employer.
Administrator for services provided to you or any of your This claim form, accompanied by an itemized bill obtained
covered Dependents. At the time services are provided, from the Pharmacy showing the prescription services you
inquire if they will file claim forms for you. To assist received, should be mailed to the address shown below
Providers in filing your claims, you should carry your or on the claim form.
Identification Card with you.
Instructions for completing the claim form are provided on
Contracting Providers the back of the form. You may need to obtain additional
When you receive treatment or care from a Provider information, which is not on the receipt from the
or Covered Drugs dispensed from a Pharmacy that pharmacist, to complete the claim form.
contracts with the Claim Administrator, you will generally
not be required to file claim forms. The Provider Bills for Covered Drugs should show the name, address
will usually submit the claims directly to the Claim and telephone number of the Pharmacy, a description
Administrator for you. and quantity of the drug, the prescription number, the
date of purchase and most importantly , the name of the
Non-Contracting Providers Participant using the drug.
When you receive treatment or care from a health care
Provider or Covered Drugs dispensed from a Pharmacy VISIT THE BCBSTX WEBSITE FOR SUBSCRIBER
that does not contract with the Claim Administrator, CLAIM FORMS AND OTHER USEFUL INFORMATION
you may be required to file your own claim forms. Some www.bcbstx.com
Providers, however, will do this for you. If the Provider
does not submit claims for you, refer to the subsection
entitled Participant- filed claims below for instruction on
how to file your own claim forms.

37
Where to Mail Completed Claim Forms An Explanation of Benefits summary is sent to you so you
will know what has been paid.
Medical Claims
Blue Cross and Blue Shield of Texas When to Submit Claims
Claims Division All claims for benefits under the Plan must be properly
P. O. Box 660044 submitted to the Claim Administrator within twelve (12)
Dallas, TX 75266-0044 months of the date you receive the services or supplies.
Prescription Drug Claims Claims submitted and received by the Claim Administrator
Blue Cross and Blue Shield of Texas after that date will not be considered for payment of
c/o Prime Therapeutics LLC benefits except in the absence of legal capacity.
P. O. Box 14624 Receipt of Claims by the Claim Administrator
Lexington, KY 40512-4624 A claim will be considered received by the Claim
Mail-Order Program Administrator for processing upon actual delivery to the
Blue Cross and Blue Shield of Texas Administrative Office of the Claim Administrator (see
c/o Prime Mail Pharmacy address above) in the proper manner and form and with
Medical

P. O. Box 650041 all of the information required. If the claim is not complete,
Dallas, TX 75265-0041 it may be denied or the Claim Administrator may contact
either you or the Provider for the additional information.
Who Receives Payment
Benefit payments will be made directly to contracting After processing the claim, the Claim Administrator will
Providers or Pharmacies when they bill the Claim notify the Participant by way of an Explanation of Benefits
Administrator. Written agreements between the Claim summary.
Administrator and some Providers or Pharmacies may
require payment directly to them.
Review of Claim Determinations
Claim Determinations
Any benefits payable to you, if unpaid at your death, will
When the Claim Administrator receives a properly
be paid to your surviving spouse, as beneficiary. If there is
submitted claim, it has authority and discretion under the
no surviving spouse, then the benefits will be paid to your
Plan to interpret and determine benefits in accordance
estate.
with the Health Benefit Plan provisions. The Claim
Except as provided in the section Assignment and Administrator will receive and review claims for benefits
Payment of Benefits, rights and benefits under the Plan and will accurately process claims consistent with
are not assignable, either before or after services and administrative practices and procedures established in
supplies are provided. writing between the Claim Administrator and the Plan
Administrator.
Benefit Payments to a Managing Conservator
Benefits for services provided to your minor Dependent You have the right to seek and obtain a full and fair review
child may be paid to a third party if: by the Claim Administrator of any determination of a
■■ the third party is named in a court order as managing claim, any determination of a request for Preauthorization,
or possessory conservator of the child; and or any other determination made by the Claim
■■ the Claim Administrator has not already paid any
Administrator of your benefits under the Plan.
portion of the claim. If a Claim Is Denied or Not Paid in Full
On occasion, the Claim Administrator may deny all or
In order for benefits to be payable to a managing or
part of your claim. There are a number of reasons why
possessory conservator of a child, the managing or
this may happen. We suggest that you first read the
possessory conservator must submit to the Claim
Explanation of Benefits summary prepared by the Claim
Administrator, with the claim form, proof of payment of the
Administrator; then review this Benefit Booklet to see
expenses and a certified copy of the court order naming
whether you understand the reason for the determination.
that person the managing or possessory conservator.
If you have additional information that you believe could
The Claim Administrator may deduct from its benefit change the decision, send it to the Claim Administrator
payment any amounts it is owed by the recipient of the and request a review of the decision as described in
payment. Payment to you or your Provider, or deduction Claim Appeal Procedures below.
by the Plan from benefit payments of amounts owed to it,
will be considered in satisfaction of its obligations to you
under the Plan.

38
If the claim is denied in whole or in part, you will receive Timing of Required Notices and Extensions
a written notice from the Claim Administrator with the Separate schedules apply to the timing of required
following information, if applicable: notices and extensions, depending on the type of Claim.
■■ The reasons for determination; There are three types of Claims as defined below.
■■ A reference to the provisions on which the 1. Urgent Care Clinical Claim is any pre-service
determination is based, or the contractual, Claim that requires Preauthorization, as described
administrative or protocol for the determination; in this Benefit Booklet, for benefits for medical care
■■ A description of additional information which may be or Treatment with respect to which the application
necessary to perfect an appeal and an explanation of of regular time periods for making health Claim
why such material is necessary; decisions could seriously jeopardize the life or health
■■ Subject to privacy laws and other restrictions, if any, the of the claimant or the ability of the claimant to regain
identification of the claim, date of service, health care maximum function or, in the opinion of a Physician
provider, claim amount (if applicable), and a statement with knowledge of the claimant’s medical condition,
describing denial codes with their meanings and the would subject the claimant to severe pain that
cannot be adequately managed without the care or

Medical
standards used. Upon request, diagnosis/treatment
codes with their meanings and the standards used are Treatment.
also available; 2. Pre-Service Claim is any non-urgent request for
■■ An explanation of the Claim Administrator’s internal benefits or a determination with respect to which
review/appeals and external review processes (and the terms of the benefit plan condition receipt of
how to initiate a review/appeal or external review) and the benefit on approval of the benefit in advance of
a statement of your right, if any, to bring a civil action obtaining medical care.
under Section 502(a) of ERISA following a final denial 3. Post-Service Claim is notification in a form
on internal review/appeal; acceptable to the Claim Administrator that a
■■ In certain situations, a statement in non-English service has been rendered or furnished to you. This
language(s) that written notices of claim denials and notification must include full details of the service
certain other benefit information may be available (upon received, including your name, age, sex, identification
request) in such non-English language(s); number, the name and address of the Provider,
■■ In certain situations, a statement in non-English an itemized statement of the service rendered or
language(s) that indicates how to access the language furnished, the date of service, the diagnosis, the Claim
services provided by the Claim Administrator; charge, and any other information which the Claim
■■ The right to request, free of charge, reasonable access Administrator may request in connection with services
to and copies of all documents, records and other rendered to you.
information relevant to the claim for benefits;
■■ Any internal rule, guideline, protocol or other similar
Urgent Care Clinical Claims*

criterion relied on in the determination, and a statement Type of Notice or Extension Timing
that a copy of such rule, guideline, protocol or other If your Claim is incomplete, the Claim 24 hours**
similar criterion will be provided free of charge upon Administrator must notify you within:
request; If you are notified that your Claim is incomplete, 48 hours after
■■ An explanation of the scientific or clinical judgment you must then provide completed Claim receiving
relied on in the determination as applied to claimant’s information to the Claim Administrator within: notice
medical circumstances, if the denial was based on The Claim Administrator must notify you of the Claim determination
medical necessity, experimental treatment or similar (whether adverse or not):
exclusion, or a statement that such explanation will be if the initial Claim is complete as soon as 72 hours
provided free of charge upon request; possible (taking into account medical exigencies),
■■ In the case of a denial of an urgent care clinical claim, but no later than:
a description of the expedited review procedure after receiving the completed Claim (if the initial 48 hours
applicable to such claims. An urgent care claim Claim is incomplete), within:
decision may be provided orally, so long as a written * You do not need to submit appeals of Urgent Care Clinical Claims
notice is furnished to the claimant within three days of in writing. You should call the Claim Administrator at the toll-free
number listed on the back of your Identification Card as soon as
oral notification possible to appeal an Urgent Care Clinical Claim.
■■ Contact information for applicable office of health ** Notification may be oral unless the claimant requests written
insurance consumer assistance or ombudsman. notification.

39
Pre-Service Claims Concurrent Care
For benefit determinations relating to care that is being
Type of Notice or Extension Timing
received at the same time as the determination, such
If your Claim is filed improperly, the Claim 5 days* notice will be provided no later than 24 hours after receipt
Administrator must notify you within:
of your Claim for benefits.
If your Claim is incomplete, the Claim 15 days
Administrator must notify you within: Claim Appeal Procedures
If you are notified that your Claim is 45 days after Claim Appeal Procedures - Definitions
incomplete, you must then provide receiving notice
An “Adverse Benefit Determination” means a denial,
completed Claim information to the Claim
Administrator within: reduction, or termination of, or a failure to provide or make
payment (in whole or in part) for, a benefit, including any
The Claim Administrator must notify you of the Claim determination
(whether adverse or not): such denial, reduction, termination, or failure to provide or
make payment for, a benefit resulting from the application of
if the initial Claim is complete, within: 15 days**
any utilization review, as well as a failure to cover an item or
after receiving the completed Claim (if 30 days service for which benefits are otherwise provided because
Medical

the initial Claim is incomplete), within:


it is determined to be experimental or investigational or not
If you require post-stabilization care after an the time medically necessary or appropriate. If an ongoing course of
Emergency within: appropriate to
treatment had been approved by the Claim Administrator
the circumstance
not to exceed one or your Employer and the Claim Administrator or your
hour after the Employer reduces or terminates such treatment (other than
time of request by amendment or termination of the Employer’s benefit
* Notification may be oral unless the claimant requests written plan) before the end of the approved treatment period,
notification. that is also an Adverse Benefit Determination. A rescission
** This period may be extended one time by the Claim Administrator of coverage is also an Adverse Benefit Determination. A
for up to 15 days, provided that the Claim Administrator both (1) rescission does not include a termination of coverage for
determines that such an extension is necessary due to matters
reasons related to non-payment of premium.
beyond the control of the Plan and (2) notifies you, prior to the
expiration of the initial 15-day period, of the circumstances A “Final Internal Adverse Benefit Determination”
requiring the extension of time and the date by which the Claim
means an Adverse Benefit Determination that has been
Administrator expects to render a decision.
upheld by the Claim Administrator or your Employer at
Post-Service Claims the completion of the Claim Administrator’s or Employer’s
internal review/appeal process.
Type of Notice or Extension Timing
If your Claim is incomplete, the 30 days Expedited Clinical Appeals
Claim Administrator must notify you If your situation meets the definition of an expedited clinical
within: appeal, you may be entitled to an appeal on an expedited
If you are notified that your Claim is 45 days after basis. An expedited clinical appeal is an appeal of a
incomplete, you must then provide receiving notice clinically urgent nature related to health care services,
completed Claim information to the including but not limited to, procedures or treatments
Claim Administrator with in: ordered by a health care provider, as well as continued
hospitalization. Before authorization of benefits for an
The Claim Administrator must notify you of the Claim
ongoing course of treatment/continued hospitalization is
determination (whether adverse or not):
terminated or reduced, the Claim Administrator will provide
if the initial Claim is complete, within: 30 days* you with notice at least 24 hours before the previous
after receiving the completed Claim 45 days benefits authorization ends and an opportunity to appeal.
(if the initial Claim is incomplete),
within:
* This period may be extended one time by the Claim Administrator
for up to 15 days, provided that the Claim Administrator both (1)
determines that such an extension is necessary due to matters
beyond the control of the Plan and (2) notifies you in writing, prior
to the expiration of the initial 30-day period, of the circumstances
requiring the extension of time and the date by which the Claim
Administrator expects to render a decision.

40
For the ongoing course of treatment, coverage will ■■ In support of your claim review, you have the option
continue during the appeal process. Upon receipt of of presenting evidence and testimony to the Claim
an expedited pre-service or concurrent clinical appeal, Administrator. You and your authorized representative
the Claim Administrator will notify the party filing the may ask to review your file and any relevant documents
appeal, as soon as possible, but no more than 24 hours and may submit written issues, comments and
after submission of the appeal, of all the information additional medical information within 180 days after you
needed to review the appeal. Additional information receive notice of an Adverse Benefit Determination or
must be submitted within 24 hours of request. The Claim at any time during the claim review process.
Administrator shall render a determination on the appeal
The Claim Administrator will provide you or your
within 24 hours after it receives the requested information,
authorized representative with any new or additional
but no later than 72 hours after the appeal has been
evidence or rationale and any other information and
received by the Claim Administrator.
documents used in the review of your claim without
How to Appeal an Adverse Benefit Determinations regard to whether such information was considered
You have the right to seek and obtain a full and fair review in the initial determination. No deference will be given

Medical
of any determination of a claim, any determination of a to the initial Adverse Benefit Determination. Such new
request for Preauthorization, or any other determination or additional evidence or rationale will be provided to
made by the Claim Administrator in accordance with the you or your authorized representative sufficiently in
benefits and procedures detailed in your Health Benefit advance of the date a final decision on appeal is made
Plan. in order to give you a chance to respond. The appeal
determination will be made by a Physician associated
An appeal of an Adverse Benefit Determination may
or contracted with the Claim Administrator and/or
be filed by you or a person authorized to act on your
by external advisors, but who were not involved in
behalf. In some circumstances, a health care provider
making the initial denial of your claim. Before you or
may appeal on his/her own behalf. Your designation of
your authorized representative may bring any action
a representative must be in writing as it is necessary
to recover benefits the claimant much exhaust the
to protect against disclosure of information about you
appeal process and must raise all issues with respect
except to your authorized representative. To obtain
to a claim and must file an appeal or appeals and
an Authorized Representative Form, you or your
the appeals must be finally decided by the Claim
representative may call the Claim Administrator at the
Administrator or your Employer.
number on the back of your ID card.
■■ If you have any questions about the claims procedures
If you believe the Claim Administrator incorrectly denied or the review procedure, write to the Claim
all or part of your benefits, you may have your claim Administrator’s Administrative Office or call the toll-
reviewed. The Claim Administrator will review its decision free Customer Service Helpline number shown in this
in accordance with the following procedure: Benefit Booklet or on your Identification Card.
■■ Within 180 days after you receive notice of a denial
Timing of Appeal Determinations
or partial denial, you may call or write to the Claim
Upon receipt of a non-urgent pre-service appeal, the Claim
Administrator’s Administrative Office. The Claim
Administrator shall render a determination of the appeal as
Administrator will need to know the reasons why you
soon as practical, but in no event more than 30 days after
do not agree with the denial or partial denial. Send your
the appeal has been received by the Claim Administrator.
request to:
Claim Review Section Upon receipt of a non-urgent post-service appeal, the
Blue Cross and Blue Shield of Texas Claim Administrator shall render a determination of the
P. O. Box 660044 appeal as soon as practical, but in no event more than
Dallas, Texas 75266-0044 60 days after the appeal has been received by the Claim
■■ You may also designate a representative to act for Administrator.
you in the review procedure. Your designation of a Notice of Appeal Determination
representative must be in writing as it is necessary to The Claim Administrator will notify the party filing the
protect against disclosure of information about you appeal, you, and, if a clinical appeal, any health care
except to your authorized representative. provider who recommended the services involved in the
■■ The Claim Administrator will honor telephone requests appeal, by a written notice of the determination.
for information. However, such inquiries will not
The written notice will include:
constitute a request for review.

41
1. A reason for the determination; If You Need Assistance
If you have any questions about the claims procedures or
2. A reference to the benefit plan provisions on which
the review procedure, write or call the Claim Administrator
the determination is based, or the contractual,
Headquarters at 1-800-521-2227. The Claim
administrative or protocol for the determination;
Administrator Customer Service Helpline is accessible
3. Subject to privacy laws and other restrictions, if from 8:00 A.M. to 8:00 P.M., Monday through Friday.
any, the identification of the claim, date of service, Claim Review Section
health care provider, claim amount (if applicable), Blue Cross and Blue Shield of Texas
and a statement describing denial codes with their P. O. Box 660044
meanings and the standards used. Upon request, Dallas, Texas 75266-0044
diagnosis/treatment codes with their meanings and
If you need assistance with the internal claims and
the standards used are also available;
appeals or the external review processes that are
4 An explanation of the Claim Administrator’s external described below, you may call the number on the back
review processes (and how to initiate an external of your ID card for contact information. In addition, for
Medical

review) and a statement of your right, if any, to bring a questions about your appeal rights or for assistance,
civil action under Section 502(a) of ERISA following a you can contact the Employee Benefits Security
final denial on external appeal; Administration at 1-866-444-EBSA (3272).

5. In certain situations, a statement in non-English Standard External Review


language(s) that written notices of claim denials and You or your authorized representative (as described
certain other benefit information may be available above) may make a request for a standard external
(upon request) in such non-English language(s); review or expedited external review of an Adverse
Benefit Determination or Final Internal Adverse Benefit
6. In certain situations, a statement in non-English
Determination by an independent review organization
language(s) that indicates how to access the language
(IRO).
services provided by the Claim Administrator;
12. Request for external review. Within four months
7. The right to request, free of charge, reasonable
after the date of receipt of a notice of an Adverse
access to and copies of all documents, records and
Benefit Determination or Final Internal Adverse Benefit
other information relevant to the claim for benefits;
Determination from the Claim Administrator, you or
8. Any internal rule, guideline, protocol or other similar your authorized representative must file your request
criterion relied on in the determination, or a statement for standard external review.
that a copy of such rule, guideline, protocol or other
13. Preliminary review. Within five business days
similar criterion will be provided free of charge on
following the date of receipt of the external review
request;
request, the Claim Administrator must complete a
9. An explanation of the scientific or clinical judgment preliminary review of the request to determine whether:
relied on in the determination, or a statement that
a. You are, or were, covered under the plan at the
such explanation will be provided free of charge upon
time the health care item or service was requested
request;
or, in the case of a retrospective review, was
10. A description of the standard that was used in denying covered under the plan at the time the health care
the claim and a discussion of the decision; item or service was provided;
11. Contact information for applicable office of health b. The Adverse Benefit Determination or the Final
insurance consumer assistance or ombudsman. Adverse Internal Benefit Determination does not
relate to your failure to meet the requirements for
If the Claim Administrator’s or your Employer’s decision is
eligibility under the terms of the plan (e.g., worker
to continue to deny or partially deny your claim or you do
classification or similar determination);
not receive timely decision, you may be able to request
an external review of your claim by an independent third
party, who will review the denial and issue a final decision.
Your external review rights are described in the Standard
External Review section below.

42
c. You have exhausted the Claim Administrator’s c. Within five business days after the date of
internal appeal process unless you are not assignment of the IRO, the Claim Administrator
required to exhaust the internal appeals process must provide to the assigned IRO the documents
under the interim final regulations. Please read and any information considered in making the
the Exhaustion section below for additional Adverse Benefit Determination or Final Internal
information and exhaustion of the internal appeal Adverse Benefit Determination. Failure by the Claim
process; and Administrator to timely provide the documents
and information must not delay the conduct of the
d. You or your authorized representative have
external review. If the Claim Administrator fails to
provided all the information and forms required to
timely provide the documents and information, the
process an external review.
assigned IRO may terminate the external review
You will be notified within one business day after and make a decision to reverse the Adverse
we complete the preliminary review if your request Benefit Determination or Final Internal Adverse
is eligible or if further information or documents Benefit Determination. Within one business day
are needed. You will have the remainder of the four after making the decision, the IRO must notify the

Medical
month appeal period (or 48 hours following receipt of Claim Administrator and you or your authorized
the notice), whichever is later, to perfect the appeal representative.
request. If your claim is not eligible for external review,
d. Upon receipt of any information submitted by you
we will outline the reasons it is ineligible in the notice,
or your authorized representative, the assigned
and provide contact information for the Department
IRO must within one business day forward the
of Labor’s Employee Benefits Security Administration
information to the Claim Administrator. Upon
(toll-free number 866-444-EBSA (3272)).
receipt of any such information, the Claim
14. Referral to Independent Review Organization. When Administrator may reconsider the Adverse Benefit
an eligible request for external review is completed Determination or Final Internal Adverse Benefit
within the time period allowed, the Claim Administrator Determination that is the subject of the external
will assign the matter to an independent review review. Reconsideration by the Claim Administrator
organization (IRO). The IRO assigned will be accredited must not delay the external review. The external
by URAC or by similar nationally-recognized accrediting review may be terminated as a result of the
organization. Moreover, the Claim Administrator will reconsideration only if the Claim Administrator
take action against bias and to ensure independence. decides, upon completion of its reconsideration,
Accordingly, the Claim Administrator must contract with to reverse the Adverse Benefit Determination
at least three IROs for assignments under the plan and or Final Internal Adverse Benefit Determination
rotate claims assignments among them (or incorporate and provide coverage or payment. Within one
other independent, unbiased methods for selection of business day after making such a decision, the
IROs, such as random selection). In addition, the IRO Claim Administrator must provide written notice
may not be eligible for any financial incentives based of its decision to you and the assigned IRO.
on the likelihood that the IRO will support the denial of The assigned IRO must terminate the external
benefits. review upon receipt of the notice from the Claim
Administrator.
The IRO must provide the following:
e. Review all of the information and documents timely
a. Utilization of legal experts where appropriate to
received. In reaching a decision, the assigned IRO
make coverage determinations under the plan.
will review the claim de novo and not be bound by
b. Timely notification to you or your authorized any decisions or conclusions reached during the
representative, in writing, of the request’s eligibility Claim Administrator’s internal claims and appeals
and acceptance for external review. This notice process applicable under paragraph (b) of the
will include a statement that you may submit in interim final regulations under section 2719 of the
writing to the assigned IRO within 10 business Public Health Service (PHS) Act. In addition to the
days following the date of receipt of the notice documents and information provided, the assigned
additional information that the IRO must consider IRO, to the extent the information or documents are
when conducting the external review. The IRO is not available and the IRO considers them appropriate,
required to, but may, accept and consider additional will consider the following in reaching a decision:
information submitted after 10 business days. (1) Your medical records;

43
(2) The attending health care professional’s (4) A discussion of the principal reason or reasons
recommendation; for its decision, including the rationale for its
(3) Reports from appropriate health care decision and any evidence-based standards
professionals and other documents submitted that were relied on in making its decision;
by the Claim Administrator, you, or your treating (5) A statement that the determination is binding
provider; except to the extent that other remedies may be
(4) The terms of your plan to ensure that the IRO’s available under State or Federal law to either the
decision is not contrary to the terms of the plan, Claim Administrator or you or your authorized
unless the terms are inconsistent with applicable representative;
law; (6) A statement that judicial review may be available
(5) Appropriate practice guidelines, which must to you or your authorized representative; and
include applicable evidence-based standards (7) Current contact information, including phone
and may include any other practice guidelines number, for any applicable office of health
developed by the Federal government, national insurance consumer assistance or ombudsman
or professional medical societies, boards, and established under PHS Act section 2793.
Medical

associations; h. After a final external review decision, the IRO


(6) Any applicable clinical review criteria developed must maintain records of all claims and notices
and used by the Claim Administrator, unless the associated with the external review process for six
criteria are inconsistent with the terms of the years. An IRO must make such records available
plan or with applicable law; and for examination by the Claim Administrator, State
(7) The opinion of the IRO’s clinical reviewer or Federal oversight agency upon request, except
or reviewers after considering information where such disclosure would violate State or
described in this notice to the extent the Federal privacy laws, and you or your authorized
information or documents are available and representative.
the clinical reviewer or reviewers consider
15. Reversal of plan’s decision. Upon receipt of a
appropriate.
notice of a final external review decision reversing
f. Written notice of the final external review decision the Adverse Benefit Determination or Final
must be provided within 45 days after the IRO Internal Adverse Benefit Determination, the Claim
receives the request for the external review. The Administrator must immediately provide coverage
IRO must deliver the notice of final external review or payment (including immediately authorizing or
decision to the Claim Administrator and you or your immediately paying benefits) for the claim.
authorized representative.
EXPEDITED EXTERNAL REVIEW
g. The notice of final external review decision will 16. Request for expedited external review. The Claim
contain: Administrator must allow you or your authorized
(1) A general description of the reason for the representative to make a request for an expedited
request for external review, including information external review with the Claim Administrator at the
sufficient to identify the claim (including the date time you receive:
or dates of service, the health care provider, the a. An Adverse Benefit Determination, if the Adverse
claim amount (if applicable), the diagnosis code Benefit Determination involve a medical condition
and its corresponding meaning, the treatment of the claimant for which the time frame for
code and its corresponding meaning, and the completion of an expedited internal appeal under
reason for the previous denial); the interim final regulations would seriously
(2) The date the IRO received the assignment to jeopardize your life or health or would jeopardize
conduct the external review and the date of the your ability to regain maximum function and you
IRO decision; have filed a request for an expedited internal
(3) References to the evidence or documentation, appeal; or
including the specific coverage provisions and
evidence-based standards, considered in
reaching its decision;

44
b. A Final Internal Adverse Benefit Determination, if EXHAUSTION
the claimant has a medical condition where the For standard internal review, you have the right to request
time frame for completion of a standard external external review once the internal review process has been
review would seriously jeopardize your life or health completed and you have received the Final Internal Adverse
or would jeopardize your ability to regain maximum Benefit Determination. For expedited internal review, you
function, or if the Final Internal Adverse Benefit may request external review simultaneously with the request
Determination concerns an admission, availability for expedited internal review. The IRO will determine whether
of care, continued stay, or health care item or or not your request is appropriate for expedited external
service for which you received emergency services, review or if the expedited internal review process must be
but have not been discharged from a facility. completed before external review may be requested.

17. Preliminary review. Immediately upon receipt of You will be deemed to have exhausted the internal review
the request for expedited external review, the Claim process and may request external review if the Claim
Administrator must determine whether the request Administrator waives the internal review process or the
meets the review ability requirements set forth in the Claim Administrator has failed to comply with the internal

Medical
Standard External Review section above. The Claim claims and appeals process. In the event you have been
Administrator must immediately send you a notice of deemed to exhaust the internal review process due to
its eligibility determination that meets the requirements the failure by the Claim Administrator to comply with the
set forth in Standard External Review section above. internal claims and appeals process, you also have the
right to pursue any available remedies under 502(a) of
18. Referral to independent review organization.
ERISA or under State law.
Upon a determination that a request is eligible for
external review following the preliminary review, the External review may not be requested for an Adverse
Claim Administrator will assign an IRO pursuant to Benefit Determination involving a claim for benefits for a
the requirements set forth in the Standard External health care service that you have already received until
Review section above. The Claim Administrator the internal review process has been exhausted.
must provide or transmit all necessary documents
Interpretation of Employer’s Plan Provisions
and information considered in making the Adverse
The Plan Administrator has given the Claim Administrator
Benefit Determination or Final Internal Adverse Benefit
the initial authority to establish or construe the terms and
Determination to the assigned IRO electronically
conditions of the Health Benefit Plan and the discretion to
or by telephone or facsimile or any other available
interpret and determine benefits in accordance with the
expeditious method.
Health Benefit Plan’s provisions.
The assigned IRO, to the extent the information or
The Plan Administrator has all powers and authority
documents are available and the IRO considers
necessary or appropriate to control and manage the
them appropriate, must consider the information or
operation and administration of the Health Benefit Plan.
documents described above under the procedures for
standard review. In reaching a decision, the assigned All powers to be exercised by the Claim Administrator
IRO must review the claim de novo and is not bound by or the Plan Administrator shall be exercised in a non-
any decisions or conclusions reached during the Claim discriminatory manner and shall be applied uniformly
Administrator’s internal claims and appeals process. to assure similar treatment to persons in similar
circumstances.
19. Notice of final external review decision. The Claim
Administrator’s contract with the assigned IRO must
require the IRO to provide notice of the final external
review decision, in accordance with the requirements
set forth in the Standard External Review section
above, as expeditiously as your medical condition
or circumstances require, but in no event more than
72 hours after the IRO receives the request for an
expedited external review. If the notice is not in writing,
within 48 hours after the date of providing that notice,
the assigned IRO must provide written confirmation
of the decision to the Claim Administrator and you or
your authorized representative.

45
VISION
Introduction Using a Network Versus a Non-Network Provider
The CMC Vision Plan is designed to help you pay for
Network Non-Network
annual vision exams and corrective eyewear. The plan is
Provider Must use a VSP Choice Use any licensed eye
flexible – it allows you to enroll for Premium Coverage or Network provider care provider outside
Basic Coverage and you can choose to receive care from the VSP network
network or non-network providers. The highest level of
benefits is available by enrolling for Premium Coverage
Benefit Your network provider Verify your eligibility
and using providers who participate in the plan’s network. Authorization obtains authorization for services. Submit
from VSP when you copy of your itemized
The plan is insured by Vision Service Plan (VSP). When you make your appointment receipt to VSP for
need assistance or have specific questions regarding this and identify yourself as reimbursement
a VSP member according to your
plan, contact Vision Service Plan at 1-800-877-7195 or go
schedule of allowances.
to the VSP website at www.vsp.com.
Benefits The plan pays a higher The plan pays a lower
benefit level, which benefit level, which
Refer to the glossary at the end of this handbook for means less out-of- means more out-of-
definitions of key terms. pocket cost for you pocket cost for you
Claims Your provider files You pay up front for
Vision Plan Options claims on your behalf services rendered and
When you enroll for coverage, you may choose among the then submit itemized
following options for you and your eligible dependents: receipt to VSP for
■■ Premium Coverage
reimbursement.
Additional Available, which means Not available
■■ Basic Coverage Discounts and your share of the cost
■■ No vision coverage Savings for additional purchases
will be less
VISION

Your elections remain in effect for the entire calendar


Using Network Services
year. You generally cannot make changes until the next
The VSP Choice network of providers includes
Open Enrollment period unless you experience a qualified
optometrists and ophthalmologists who have contracted
status change or become eligible for special enrollment,
with VSP to provide vision care to plan members.
as summarized in the Eligibility and Enrollment section of
this handbook. If you are planning to receive network services, follow
these steps.
■■ Find a VSP network provider by visiting the
Vision Benefits VSP website at www.vsp.com or calling VSP at
1‑800‑877‑7195.
Network and Non-Network Services
■■ Make an appointment with your VSP provider
The plan gives you a choice when it comes to receiving
and identify yourself as a VSP member. The network
eye care. You may receive services from either network or
provider will contact VSP to obtain benefit authorization
non-network providers. Although you are not required to
for services and eyewear before your appointment.
use VSP network providers, your out-of-pocket costs will
be lower when network providers are used. The following
If you do not identify yourself as a VSP member to a Choice
compares some of the key differences between receiving
Network provider and benefits are not authorized by VSP,
care from a network versus a non-network provider:
you are responsible for paying the provider for services
and eyewear.

VSP will pay the provider directly for covered services and
eyewear. You are responsible for paying any copays and/
or additional costs associated with cosmetic options,
noncovered services, or items in excess of plan benefits.

46
Using Non-Network Services Pay the provider the full fee for his/her services at the
Non-network providers include any licensed optometrist, time of your appointment.
ophthalmologist, or dispensing optician who is not ■■ Submit an itemized receipt to VSP as summarized in
participating in the VSP network. Vision Claims.
If you are planning to receive non-network services, VSP will reimburse you in accordance with the Schedule
follow these steps. of Benefits. There is no assurance that the reimbursement
■■ Contact VSP at 1-800-877-7195 to verify eligibility amount will be sufficient to pay the full cost of the
before you make your appointment with the non- examination or eyewear.
network provider.
Services received from a non-network provider are in
If you do not verify eligibility with VSP prior to making your lieu of network services and count toward plan benefit
appointment, services and eyewear may not be eligible for frequency limitations.
coverage under the plan.

Schedule of Benefits
The following table provides a summary of the benefits under the plan. All benefits are subject to the plan’s limitations
and exclusions.
Schedule of Benefits
Premium Coverage Basic Coverage
Service Network Non-Network Network Non-Network
Annual Copay
• Exam $10 $15
• Materials $20 $25
Plan pays Plan pays

VISION
Vision exam
100% Up to $45 100% Up to $45
(once every calendar year)
Lenses
(complete set, not per lens; once every calendar year)
• Single vision
• Bifocal 100% Up to $45 100% Up to $45
• Trifocal 100% Up to $65 100% Up to $65
• Lenticular 100% Up to $85 100% Up to $85
100% Up to $125 100% Up to $125
Frame
Up to $150 Up to $47 Up to $120 Up to $47
(once every 2 calendar years)
Contact lens evaluation and fitting
(in lieu of lenses and frames)
• Visually necessary (prior authorization required) 100% Up to $210 100% Up to $210
• Elective Up to $120 Up to $105 Up to $120 Up to $105
Lens options
• Blended 100% Up to $65 Not covered Not covered
• Oversize 100% Not covered Not covered Not covered
• Progressive 100% Up to $85 Not covered Not covered
• Tinted/Photochromic 100% Up to $5 Not covered Up to $5
• Polycarbonate 100% Not covered 100% (only for Not covered
dependent children)
Low vision care
As necessary for severe visual problems not corrected
with regular lenses (limited to a maximum benefit of
$1,000 every 2 calendar years)
• Supplemental testing 100% Up to $125 100% Up to $125
• Supplemental aids 75% 75% 75% 75%
Discounts
(if eye exam has been provided by a network doctor within
the last 12 months)
• 20% on additional prescription glasses and sunglasses Available Not available Available Not available
• 15% on contact lens fitting and evaluation exam
• 20% off the amount over your frame allowance
• 20% - 25% discount on non-covered lens options
47
Frequency Limitations Service/Supply Description
Vision exams and lenses are limited to once every Contact lenses • Visually Necessary contact lenses are
calendar year and frames are limited to once every two (in lieu of lenses covered in full, less any applicable copay,
calendar years. For example, if you have an eye exam on and frames) when VSP benefit criteria is met and verified
May 1, the plan will not cover another eye exam until the by a VSP network doctor for eye conditions
that would prohibit the use of glasses.
following January 1. When the member chooses a non-VSP
provider instead, the same medical condition
Benefit Authorization requirements and copay apply. The member
Benefit authorization is the advance review and approval is reimbursed up to a standard $210
process conducted by VSP. This process is required allowance.
and must be completed before you visit your provider as • Elective contact lenses (selected in lieu of
follows: lenses and frames for other than visually
necessary reasons) including standard eye
■■ When you make an appointment with a network doctor examination, contact lens evaluation, fitting,
and identify yourself as a VSP member, the doctor and adjustments.
initiates the benefit authorization process. Contact lenses for cosmetic purposes (i.e.,
■■ If you are planning to visit a non-network provider, you when no correction is necessary) are not
covered.
should contact VSP to verify eligibility.
Low vision care Special aid for patients who have severe acuity
VSP authorizes benefits according to eligibility or visual field loss that cannot be corrected with
information and the level of coverage (i.e., service regular lenses. Coverage includes professional
frequencies, covered materials, reimbursement services and ophthalmic materials including
but not limited to evaluation, diagnosis,
amounts, limitations and exclusions) under the plan. supplemental testing, evaluations, visual
In addition, VSP reviews your prior utilization of training, low vision prescription services, and
plan benefits to determine if you are eligible for new optical and non-optical aids.
VISION

services. For example, VSP will not authorize coverage


Limitations and Exclusions
for an eye examination if you have already had an
This plan, like most plans, does not cover every vision
examination during the current calendar year.
expense you or your covered dependents may incur. The
A benefit authorization is issued only for a certain period plan is designed to cover services and supplies that are
of time. If you do not receive services before the expiration visually necessary or appropriate rather than cosmetic
date, a new benefit authorization must be obtained. eyewear.

Eligible Charges Lens Limitations


Listed below are services and eyewear that are covered If you select any of the following options, the plan will
under the plan. Any service or eyewear not specifically pay the basic cost of the covered lenses and you will be
listed is not covered unless VSP reviews the service or responsible for the additional cost of the options except
supply and accepts the charges as eligible. Services and as otherwise specified in the Schedule of Benefits.
eyewear must be visually necessary or appropriate and ■■ Anti-reflective coating
all benefits are subject to the limitations and exclusions ■■ Blended lenses
■■ Certain low vision care options
under the plan.

Service/Supply Description ■■ Color coating


Vision exam Complete initial vision analysis that includes an ■■ Cosmetic lenses
■■ Laminated lenses
appropriate examination of visual functions and
the prescription of corrective eyewear where
indicated. ■■ Mirror coating
Lenses and Corrective eyewear and professional services ■■ Optional cosmetic processes
frames connected with the prescribing, ordering, ■■ Progressive multifocal lenses
fitting, adjusting and follow-up associated with
that eyewear. ■■ Scratch coating
■■ Ultraviolet (UV) protected lenses
■■ Oversize lenses

48
Other Limitations and Exclusions Prior Authorization Determinations and Appeals
The plan also excludes benefits for professional services VSP will approve or deny requests for prior authorization
or material connected with any of the following: within 15 calendar days of receipt of the request from
■■ Orthoptics or vision training and any associated your doctor. In the event that a prior authorization
supplemental testing. determination cannot be completed within that time
■■ Plano lenses (less than ±.50 diopter power). period, VSP may extend the time period by up to an

■■ Two pairs of glasses in lieu of bifocals.


additional 15 calendar days.

■■ Replacement of lenses and frames furnished under this If VSP denies the request for prior authorization, you or
plan that are lost, broken or stolen except at intervals your doctor may appeal the denial by using the appeal
when services are otherwise eligible. procedures available for denied claims under the plan. VSP
■■ Medical or surgical treatment of the eyes. will provide an appeal determination within 30 calendar

■■ Corrective vision treatment of an experimental nature.


days from the date a request for appeal is received.

■■ Costs for services and eyewear above plan benefit Lost, Stolen or Broken Eyewear
allowances summarized in the Schedule of Benefits. If your lenses or frames are lost, broken, or stolen
■■ Services and eyewear not specified as covered under while you are covered under the plan, VSP will process
the plan. your claim for benefits as a normal claim. Charges for
■■ Other services and materials for which charges are
replacement will be covered only if they would otherwise
be eligible based on frequency limitations. For example,
incurred that are:
if you break a lens, replacement would be covered only
• Not specifically described as an eligible expense.
if the lens is replaced after the end of the calendar year
• For or in connection with an injury arising out of, or
during which you made the initial purchase.
in the course of, any employment for wage or profit.
• For or in connection with a sickness covered under Extension of Benefits
any workers’ compensation or similar law.

VISION
If your coverage terminates because the plan is
• For charges made by a facility owned or operated terminated and you are receiving services as of the
by, or which provides care or performs services termination date, coverage will continue for that service
for, the United States government, if those charges for up to six months after the termination date of the plan.
are directly related to a military-service-connected
sickness or injury. For example, if you receive authorization and order
• For charges that you are not legally required to pay. glasses prior to the termination date of the plan, benefits
• For charges that would not have been made if you will be available for those glasses if you receive them
had no insurance. within six months following the date the plan terminates.

The above is not an all-inclusive list. Contact VSP if you Customer Service
have a question about a particular vision service or If you have a question or problem regarding access to
expense. You should keep in mind that any additional care, care or the quality of care, treatment or service, your
service, and/or materials not covered under this plan may first step should be to contact VSP’s customer service
be arranged between you and your doctor. In this event, department. The customer service department will make
you are responsible for the entire cost of these expenses. every effort to answer your question and/or resolve the
matter informally.
Visually Necessary Contact Lenses
Visually Necessary contact lenses are covered in full, less If a matter is not initially resolved to your satisfaction, you
any applicable copay, when VSP benefit criteria is met may communicate a complaint or grievance to VSP orally or
and verified by a VSP network doctor for eye conditions in writing by using the complaint form that is available upon
that would prohibit the use of glasses. When the member request from the customer service department. You may
chooses a non-VSP provider instead, the same medical also submit written comments or supporting documentation
condition requirements and copay apply. The member is concerning the problem to assist in VSP’s review.
reimbursed up to a standard $210 allowance. VSP will resolve the problem within 30 days after receipt,
unless special circumstances require an extension of time. If
an extension is needed, VSP will notify you of the extension
period and the expected resolution date. Resolution will be
achieved as soon as possible, but no later than 120 days
after VSP’s receipt of your complaint. Upon final resolution,
you will be notified of the outcome in writing.

49
Vision Claims Claim Review
Generally, VSP will pay or deny a claim within 30 days of
Filing a Claim receiving the claim. However, if a determination cannot
be made within the 30-day period, VSP may extend the
For purposes of filing claims and claim appeals, the term claim review period for an additional 15 days.
“you” includes you, your dependent who is filing a claim,
or an authorized representative who is filing a claim on Denied Claims and Appeals
your or your dependent’s behalf. If the claim is denied in whole or in part, VSP will notify
you in writing of the reasons for the denial.

First Level Appeal


Network Providers
If your claim is denied, you may appeal the decision by
When you use a network doctor, he/she files claims with
requesting a review of the denial within 180 days of the
VSP.
date you receive the denial notice. You may make your
Non-Network Providers request by phone or in writing to:
You must submit your claim to VSP within six months VSP
following the date you receive services from a non-network Attn: Appeals Dept.
provider. You may submit your claim by completing the PO Box 2350
Out-of-Network Reimbursement Form at www.vsp.com Rancho Cordova, CA 95741
or by mailing the following information to VSP: 1-800-877-7195
■■ Itemized, original receipt listing the services you Your appeal must include the following information:
received.
■■ Employee name and VSP ID number
■■ Name, address and phone number of the non-network
provider. ■■ Patient name and date of birth
■■ Last 4 digits of the employee’s SSN. ■■ Provider name
VISION

■■ Employee name, phone number and address. ■■ Claim number


■■ Employer name (CMC). You may also include the reasons you believe that the
■■ Patient name, date of birth, phone number and claim denial was in error and any related documents that
address. you wish to be reviewed.
■■ Patient relationship to the covered member (such as VSP will conduct its review and give you the opportunity
“self,” “spouse,” “child”). to review pertinent documents and to submit any
Keep a copy of the information and mail the originals to: statements, documents, or written arguments to support
VSP your claim. You may choose to appear in person to
Attn: Out-of-Network Provider Claims present materials or arguments.
P.O. Box 997105 VSP’s determination, including specific reasons for the
Sacramento, CA 95899-7105 decision, will be provided to you within 30 days after it
receives your request for appeal.
Vision Service Plan (VSP) is the named fiduciary for
adjudicating claims for benefits under the plan, and for Second Level Appeal
deciding any appeals of denied claims. If you disagree with VSP’s determination on your first level
appeal, you may request a second level appeal within 60
VSP has the authority, in its discretion, to interpret the calendar days following the date you receive the appeal
terms of the plan, to decide questions of eligibility for denial. VSP will review and resolve the second level appeal
coverage or benefits under the plan, and to make any within 30 days after it receives your request for appeal.
related findings of fact. All decisions made by VSP are final
and binding on participants and beneficiaries to the full Alternative Dispute Resolutions
extent permitted by law. If your second level appeal is denied, additional voluntary
alternative dispute resolution options may be available,
including mediation and arbitration. Contact the U. S.
Department of Labor or the state insurance regulatory
agency for information. Additionally, you have the right to
bring a civil action under ERISA if you disagree with the
claim appeal process determination.

50
DENTAL
Introduction
CMC dental coverage is designed to assist you and
Dental Benefits
your covered dependents by paying a portion of eligible Deductible
expenses incurred for a wide range of dental services. The deductible is the amount you must pay for covered
dental expenses before certain plan benefits are payable.
This plan is self-funded by your Employer and claims are The deductible is in addition to the coinsurance amounts
administered by Delta Dental Insurance Company (Delta you pay for dental treatment.
Dental). When you need assistance or have specific
Individual Deductible
questions regarding this plan, contact Delta Dental at
You and each of your covered dependents must satisfy a
1-800-521-2651 or www.deltadentalins.com.
deductible of $50 each calendar year.

Refer to the glossary at the end of this handbook for Family Deductible
definitions of key terms. Regardless of the number of family members covered
under the plan, the maximum deductible per family is
Dental Plan Options $150 each calendar year.
When you enroll for coverage, you may choose
among the following options for you and your eligible Expenses That Do Not Apply to the Deductible
dependents: The following expenses do not apply to the deductible:

■■ Premium Coverage ■■ Expenses for dental services or supplies that are not
covered under the plan.
■■ Basic Coverage
■■ Expenses for non-network services that exceed
■■ No dental coverage
reasonable and customary charges.
Your elections remain in effect for the entire calendar ■■ Coinsurance amounts.
year. You generally cannot make changes until the next
Open Enrollment period unless you experience a qualified
status change or become eligible for special enrollment,
as summarized in the Eligibility and Enrollment section of
this handbook.

Schedule of Benefits
The following table provides a summary of the dental benefits under the plan. All benefits are subject to the plan’s
limitations and exclusions.

DENTAL
Schedule of Benefits
Premium Coverage Basic Coverage
Network Non-Network Network Non-Network
Annual Deductible
• Individual $50 $50
• Family $150 $150
Annual Maximum Benefits (per person) $1,500 $1,000
Lifetime Orthodontia Maximum
$1,500 Not applicable
Dependent Child
Plan pays Plan pays
Diagnostic and Preventive 100% 100% 100% 100%
Basic Services 80% after deductible 80% after deductible 50% after deductible 50% after deductible
Major Services 50% after deductible 50% after deductible Not covered Not covered
Orthodontia (Only for children under
age 26 who have orthodontic appliances
50% 50% Not covered Not covered
initially installed while they are covered
under a CMC-sponsored dental plan)

51
Charge Limits Using a Network Dentist
The plan limits the amount of a dentist’s charges that will When you schedule an appointment with a network
be considered for the purpose of calculating benefits. dentist, you should:
■■ Contract Allowance ■■ Identify yourself as being covered Premier or under the
The maximum amount Delta Dental will use for plan and eligible for services under the PPO plan.
calculating the Benefits for a Single Procedure. The ■■ Confirm that the dentist is currently participating in the
Contract Allowance for services provided: Premier or PPO plan.
• By Delta Dental PPO Dentists is the lesser of the
Dentist’s submitted fee, the Delta Dental PPO Benefits are based on the covered percentage of the
Dentist’s Fee or the Dentist’s filed fee with Delta contract allowance. You are responsible for paying:
Dental in the Contracting Dentist Agreement. ■■ Your deductible.
• By Delta Dental Premier Dentists (who are not PPO ■■ Any coinsurance amount.
■■ Any portion of the contract allowance that is not
Dentists) is the lesser of the Dentist’s submitted
fee, the Dentist’s filed fee with Delta Dental in the
covered under the plan.
Contracting Dentist Agreement or the Maximum
Plan Allowance (MPA); or ■■ Charges for any service that is not covered under the
• By Non-Delta Dental Dentists is the lesser of the plan.
Dentist’s submitted fee or the MPA. Using a Non-Network Dentist
■■ Maximum Plan Allowance (MPA) Schedule an appointment with any licensed dentist you
The maximum amount Delta Dental will reimburse for a choose. Benefits are based on the covered percentage of
covered procedure. Delta Dental establishes the MPA the contract allowance. (Non-network dentists may charge
for each procedure through a review of proprietary filed you more than the reasonable and customary charge.) You
fee data and actual submitted claims. MPAs are set are responsible for paying:
annually to reflect charges based on actual submitted ■■ Your deductible.
■■ Any coinsurance amount.
claims from providers in the same geographical area
with similar professional standing. The MPA may vary
by the type of contracting Dentist. ■■ Any portion of the contract allowance that is not
covered under the plan.
Network and Non-Network Dentists ■■ Any amount in excess of the contract allowance.
The plan allows you to visit any licensed dentist you
■■ Charges for any service that is not covered under the
choose. However, if you use a network dentist, you may
plan.
receive a higher level of benefits and save on out-of-
pocket costs. PPO Dentist
DENTAL

Network dentists are those that participate in the The PPO program potentially allows you the greatest
Delta Dental Premier and/or PPO network. Dentists reduction in your out-of-pocket expenses, since this
participating in the program have agreed to limit their select group of Dentists in your area will provide dental
charges for dental services to Delta Dental Maximum benefits at a charge which has been contractually agreed
Plan Allowance (MPA). upon between Delta Dental and the PPO Dentist.

A list of Delta Dental Dentists can be obtained by Premier Dentist


accessing the Delta Dental National Dentist Directory at The Premier Dentist, which include specialists
www.deltadentalins.com or by calling 1-800-521-2651. (endodontists, periodontists or oral surgeons), has not
You are responsible for verifying whether the Dentist you agreed to the features of the PPO program; however, you
select is a PPO Dentist or a Premier Dentist. Dentists are may still receive dental care at a lower cost than if you
regularly added to the panel. Additionally, you should use a Non-Network Dentist.
always confirm with the dentist’s office that a listed Dentist
is still a contracted PPO Dentist or a Premier Dentist.

52
Non-Network Dentist ■■ If a filling and a crown are both professionally
If a Dentist is a Non-Network (Non-Delta Dental) Dentist, acceptable methods for treating tooth decay or
the amount charged to you may be above that accepted breakdown, the benefit determination may be based on
by the PPO or Premier Dentists. Non-Network Dentists the filling, which is the less costly service.
can balance bill for the difference between the Maximum ■■ If a partial denture and fixed bridgework are both
Plan Allowance (MPA) and the Contract Allowance. For professionally acceptable methods for replacing
a Non-Network Dentist, the approved amount is the multiple missing teeth in an arch, the benefit
dentist’s submitted charge. determination may be based on the partial denture,
Additional advantages of using a PPO Dentist or which is the less costly service.
Premier Dentist You and your dentist may apply your benefits to the
■■ The PPO Dentist and Premier Dentist must accept treatment of your choice; however, you are responsible
assignment of benefits, meaning PPO Dentists and for any expenses that exceed the amount payable for the
Premier Dentists will be paid directly by Delta Dental least expensive service.
after satisfaction of the deductible and coinsurance,
You are encouraged to request a pretreatment estimate
and the Enrollee does not have to pay all the dental
of benefits from Delta Dental before you begin extensive
charges while at the dental office and then submit the
dental treatment. This allows you and your dentist to
claim for reimbursement.
know in advance what benefits are available before
■■ The PPO Dentist and Premier Dentist will complete treatment begins.
the dental claim form and submit it to Delta Dental for
reimbursement. Pre-Treatment Estimates
A Dentist may file a claim form before treatment, showing
Orthodontia Treatment the services to be provided to you. Delta Dental will
(Premium Coverage, children up to age 26 only) predetermine the amount of benefits payable for the listed
If you elect Premium Coverage under the plan, services. Benefits will be processed according to the plan
orthodontic treatment generally consists of initial terms when the treatment is performed. Pre-treatment
placement of an appliance and periodic follow-up visits. estimates are valid for 60 days, or until an earlier
(Orthodontic treatment is not available under basic occurrence of any one of the following events:
■■ The date the plan contract terminates;
coverage.) The benefit payable for the initial placement
will not exceed 20% of the maximum benefit amount for
orthodontia. The remaining benefit payable for periodic ■■ The date the patient’s coverage ends; or
follow-up visits is payable on a monthly basis during the ■■ The date the PPO Dentist’s or Premier Dentist’s
course of the orthodontic treatment. agreement with Delta Dental ends.

DENTAL
If the initial placement was made while the patient was Missing Teeth
not covered under a CMC-sponsored dental plan, Coverage is limited for treatment to replace congenitally
orthodontia treatment is not covered under this plan. missing teeth and teeth that are lost before a person
becomes covered under the plan, as summarized
Alternate Benefit Determination in Covered Services. The initial installation of a
If Delta Dental determines that more than one dental
prosthodontic appliance and/or implants is not covered
service will adequately and appropriately treat a dental
unless the prosthodontic appliance and/or implant, bridge
condition, benefits are limited to the least expensive
or denture is made necessary by natural, permanent
service. Delta Dental makes determinations according to
teeth extraction occurring during a time the patient was
generally accepted dental standards for adequate and
eligible under a CMC-sponsored dental plan.
appropriate care. Examples are:
■■ If an amalgam filling and a composite filling are both
professionally acceptable methods for filling a molar,
the benefit determination may be based on the
amalgam filling, which is the less costly service.
■■ If a filling and an inlay are both professionally
acceptable methods for treating tooth decay or
breakdown, the benefit determination may be based on
the filling, which is the less costly service.

53
Covered Services
The following services are covered under the plan. (“Year” refers to a calendar year.)

Diagnostic and Preventive Services


Premium Coverage Basic Coverage
Covered Service Limitations/Comments
Cleaning (prophylaxis) Limited to 2 cleanings every 12 months Limited to 2 cleanings every 12 months
Oral examination Limited to 2 exams every 12 monthsr Limited to 2 exams every 12 months
Panoramic (Panorex) x-ray Limited to 1 x-ray every 5 years Limited to 1 x-ray every 5 years
Space maintainers Children under age 15 only Children under age 15 only
Topical fluoride treatment Children under age 19 only Children under age 19 only
Basic Restorative Services
Premium Coverage Basic Coverage
Covered Service Limitations/Comments
Bitewing x-rays Limited to 2 sets per child every 12 months; 1 Limited to 2 sets per child every 12 months; 1
set per adult every 12 months set per adult every 12 months
Addition of teeth to a partial removable Only to replace natural teeth that are removed Only to replace natural teeth that are removed
denture while the patient is covered under the plan while the patient is covered under the plan
Application of desensitizing medications where Limited to 1 application in a 24-month period Limited to 1 application in a 24-month period
periodontal treatment (including scaling, root
planing, and periodontal surgery such as
osseous surgery) has been performed
Consultations Limited to 1 consultation in a 12-month period Limited to 1 consultation in a 12-month period
Denture adjustment Only if at least 6 months have passed since Only if at least 6 months have passed since
the installation of the denture the installation of the denture
Denture repair – –
Diagnostic casts – –
Emergency palliative treatment to relieve tooth – –
pain
Filling - amalgam Limited to 1 filling in a 24-month period Limited to 1 filling in a 24-month period
Filling - resin Limited to 1 filling in a 24-month period Limited to 1 filling in a 24-month period
General anesthesia or intravenous sedation in Covered only if Delta Dental determines that Covered only if Delta Dental determines that
connection with oral surgery and periodontal anesthesia is necessary in accordance with anesthesia is necessary in accordance with
DENTAL

procedures generally accepted dental standards generally accepted dental standards


Injections of therapeutic drugs – –
Intraoral-periapical and extraoral x-rays – –
Local chemotherapeutic agents – –
Oral surgery – –
Periodontal maintenance where periodontal Limited to 4 times in a year less the number of Limited to 4 times in a year less the number of
treatment (including scaling, root planing, and teeth cleanings received during that 12-month teeth cleanings received during that 12-month
periodontal surgery, such as gingivectomy, period period
gingivoplasty, gingival curettage and osseous
surgery) has been performed
Periodontal scaling and root planing Limited to 1 per quadrant in a 24-month Limited to 1 per quadrant in a 24-month
period period
Periodontal surgery, including gingivectomy, Limited to 1 surgical procedure per quadrant Limited to 1 surgical procedure per quadrant
gingivoplasty, gingival curettage and osseous in a 36-month period in a 36-month period
surgery
Pulp capping (excluding final restoration) – –
and therapeutic pulpotomy (excluding final
restoration)
Pulp therapy and apexification/recalcification – –

54
Basic Restorative Services Continued
Pulp vitality, diagnostic photographs, and – –
bacteriological studies for determination of
bacteriologic agents
Re-cementing of cast restorations – –
Root canal treatment Limited to 1 treatment in a 24-month period Limited to 1 treatment in a 24-month period
for the same tooth for the same tooth
Sealants applied to non-restored, non- Children under age 15 only; limited to 1 Children under age 15 only; limited to 1
decayed first and second permanent molars, application every 3 years application every 3 years
excluding wisdom teeth
Sedative fillings – –
Simple extractions – –
Simple repairs of cast restorations – –
Surgical extractions – –
Tissue conditioning Limited to 1 conditioning in a 36-month period Limited to 1 conditioning in a 36-month period

Major Services
Premium Coverage Basic Coverage
Covered Service Limitations/Comments
Core buildup Limited to once per tooth in a 5-year period Not covered

Fixed and removable appliances for correction of – Not covered


harmful habits
Implant supported prosthetics Limited to once for the same tooth position in a Not covered
5-year period
Implants Limited to once for the same tooth position in a Not covered
5-year period
Initial installation of cast restorations – Not covered
Initial installation of full or removable dentures Only to replace congenitally missing teeth or Not covered
natural teeth that are removed while the patient
is covered under the plan
Labial veneers Limited to once per tooth in a 5-year period Not covered

DENTAL
Posts and cores Limited to once per tooth in a 5-year period Not covered

Prefabricated stainless steel crown or Limited to 1 in a 24-month period Not covered


prefabricated resin crown
Relinings and rebasings of existing removable Only if at least 6 months have passed since the Not covered
dentures installation of the existing removable denture and
not more than once in a 36-month period
Repair of implant supported prosthetics Limited to once in a 12-month period Not covered
Repair of implants Limited to 1 repair in a 12-month period Not covered
Replacement of a non-serviceable denture Only if at least 5 years have passed since the Not covered
installation of the denture
Replacement of an immediate, temporary full Only if the immediate, temporary full denture Not covered
denture with a permanent full denture cannot be made permanent and the replacement
is done within 12 months of the installation of the
immediate, temporary full denture
Replacement of any cast restoration with the Limited to 1 replacement for the same tooth Not covered
same or a different type of cast restoration surface within 5 years of a prior replacement

55
Orthodontic Services
Premium Coverage Basic Coverage
Covered Service Limitations/Comments
Orthodontia Only for children under age 26 who have Not covered
orthodontic appliances initially installed while
they are covered under a CMC-sponsored dental
plan
Delta Dental will pay benefits only for the types of dental services as described above. These services must be provided
by a dentist and must be necessary and customary under generally accepted dental practice standards. Delta Dental may
use dental consultants to review treatment plans, diagnostic materials and/or prescribed treatments to determine generally
accepted dental practices. If you receive dental services from a Dentist outside the state of Texas, the dentist will be
reimbursed according to Delta Dental’s network payment provisions for that state according to the terms of the contract.

If a comprehensive dental procedure includes component or interim procedures that are performed at the same time as
the comprehensive procedure, the component or interim procedures are considered to be part of the comprehensive
procedure for purposes of determining the benefit payable. If the Dentist bills separately for the comprehensive
procedure and each of its component or interim parts, the total benefit payable for all related charges will be limited to
the maximum benefit payable for the comprehensive procedure.

Coordination of Benefits Coordination of Benefits Rules


When you are covered under this plan and another Dependent or A plan that covers a person other than as
plan that provides benefits or services for an allowable Non-Dependent a dependent (for example, as an employee,
expense, one plan pays benefits first, and the other pays member, subscriber, or retiree) is primary and
second. pays benefits before a plan that covers the
person as a dependent. Medicare exception
Certain rules are used to determine which plan pays first – - the order of benefits between the two plans
the primary plan, and which pays second – the secondary is reversed and the plan that covers the
person as a dependent is primary if a person
plan. When this plan’s benefits are secondary, benefits are is a Medicare beneficiary and, as a result of
coordinated so that the total benefits from all plans are no federal law or regulations, Medicare is:
more than the maximum payable under this plan. • Secondary to the plan covering the person
as a dependent, and
A plan without a coordination of benefits provision is • Primary to the plan covering the person
always the primary plan. Other coordination of benefit as other than a dependent (e.g., a retired
DENTAL

rules are shown in the following table. The first rule in the employee).
table that allows Delta Dental to determine which plan is
primary is the rule used to coordinate benefits. Child Covered When this plan and another plan cover the
Under More Than same child as the dependent of two or more
In no event will this plan pay more than it would pay if it One Plan – Court parents, and the specific terms of a court
were the primary plan. Decree decree state that one of the parents must
provide health coverage or pay for the child’s
Delta Dental matches the benefits under this program health care expenses, that parent’s plan is
with your benefits under any other group prepaid program primary if this plan has been notified of the
or benefit plan. (This does not apply to a blanket school court decree. This rule does not apply to any
accident policy). Benefits under one of the programs calendar year in which benefits have been
paid for that child before this plan is notified
may be reduced so that your combined coverage does
of the court decree.
not exceed the dentist’s fees for the covered services.
If this is the “primary” program, Delta Dental will not
reduce benefits, but if the other program is the primary
one, Delta Dental will reduce benefits otherwise payable
under this program. The reduction will be the amount paid
for or provided under the terms of the primary program
for services covered under the Contract (see Benefits and
Limitations).

56
Coordination of Benefits Rules Continued Effect on Plan Benefits
Child Covered When this plan and another plan cover the When this plan’s benefits are secondary, benefits are
Under More Than same child as the dependent of two or more reduced so that the total benefits from all plans pay no
One Plan – The parents, the primary plan is the plan of the more than the maximum payable under this plan. Benefits
Birthday Rule parent whose birthday falls earlier in the year payable under other plans include all benefits that would
if any of the following apply: be payable if proper claims had been submitted in a timely
• The parents are married.
• The parents are not separated (whether or manner.
not they have ever married). Information Sharing and Recovery of
• A court decree awards joint custody
without specifying which parent must Overpayments
provide health coverage. Delta Dental reserves the right to obtain and exchange
If both parents have the same birthday, the benefit information from any other insurance company,
plan that has covered either of the parents organization, or individual to coordinate benefits. If an
for a longer period of time is the primary overpayment is made, Delta Dental reserves the right to
plan. However, if the other plan does not have recover the excess payment from the insurance company,
this rule but instead has a rule based on the organization, or individual to whom payment has been
gender of the parent and, as a result, the
plans do not agree on the order of benefits, made. You may be required to provide information or
the rule in the other plan will determine the documents and/or take any other steps necessary
order of benefits. to assist Delta Dental with obtaining information or
Child Covered When this plan and another plan cover the recovering overpayments.
Under More same child as the dependent of two or more
than One Plan – parents, and the parents are not married, Limitations and Exclusions
Custodial Parent or are separated (whether or not they ever Delta Dental will pay for routine oral examinations and
married), or are divorced, the primary plan is cleanings (including periodontal cleanings) no more than
the first of the following:
twice in any 12 month period while you are enrolled
• The plan of the custodial parent.
• The plan of the spouse of the custodial under any Delta Dental program or dental care program
parent. provided by the company.
• The plan of the non-custodial parent. ■■ Periodontal cleanings are covered as a Basic Service
• The plan of the spouse of the non-custodial
parent. ■■ Routine cleanings are covered as a Diagnostic and
Active or Inactive A plan that covers a person as an employee Preventive Benefit.
Employee who is neither laid off nor retired is primary ■■ Additional benefits are covered during pregnancy.
to a plan that covers the person as a laid-off
or retired employee (or as that person’s Here are some examples that illustrate how the “twice in
dependent). If the other plan does not have any 12 month period” limitation works:

DENTAL
this rule and, if as a result, the plans do not
agree on the order of benefits, this rule does Example 1
not apply.
Dates of Service Status
Continuation The plan that covers a person as an active
Coverage employee, member or subscriber (or as that 7/2/13 Paid
person’s dependent) is primary to a plan 12/28/13 Paid
that covers that person under a right of 6/30/13 Denied
continuation pursuant to federal law (e.g.,
Member not eligible until 7/2/2014 or later
COBRA) or state law. If the other plan does
not have this rule, and, as a result, the plans Example 2
do not agree on the order of benefits, this rule Dates of Service Status
does not apply. 7/2/13 Paid
Longer/Shorter If none of the above rules determine which 12/28/13 Paid
Time Covered plan is primary, the plan that has covered the
7/5/14 Paid
person for the longer period of time will be
primary to a plan that has covered the person Covered services do not include, and no payment will be
for a shorter period of time. made for the following:
No Rules Apply If none of the above rules apply, the allowable
expenses are shared equally among all the ■■ Adjustment of a denture made within six months after
plans. installation by the same dentist who installed it.
■■ Appliances or treatment for bruxism (grinding teeth),
including but not limited to occlusal guards and night
guards.

57
■■ Caries susceptibility tests. ■■ Services for which the submitted documentation
■■ Charges made by a dentist on a separate basis for: indicates a poor prognosis.
• Claim form completion. ■■ Services for which you would not be required to pay in
• Infection control such as gloves, masks, and the absence of dental insurance.
sterilization of supplies. ■■ Services or appliances that restore or alter occlusion or
• Local anesthesia, non-intravenous conscious vertical dimension.
■■ Services or supplies received by a person before he/
sedation or analgesia such as nitrous oxide.
■■ Counseling or instruction about oral hygiene, plaque she becomes covered under the plan.
■■ Services that are neither performed nor prescribed by
control, nutrition and tobacco.
■■ Decoration or inscription of any tooth, device, a dentist except services of a licensed dental hygienist
appliance, crown or other dental work. which are supervised and billed by a dentist for teeth
■■ Dental services arising out of accidental injury to the scaling and polishing or fluoride treatments.
teeth and supporting structures, except for injuries to ■■ Services that are not dentally necessary, those which
the teeth due to chewing or biting of food. do not meet generally accepted standards of care for
■■ Duplicate prosthetic devices or appliances. treating the particular dental condition, or those which
■■ Initial installation of a denture to replace one or more Delta Dental deems experimental in nature.
teeth that were missing before the patient was covered ■■ Services that are primarily cosmetic unless required for
under the plan, except for congenitally missing teeth. the treatment or correction of a congenital defect of a
■■ Intra and extraoral photographic images. newborn child.

■■ Missed appointments. ■■ Services, to the extent those services or benefits

■■ Modification of removable prosthodontic and other


for those services are available under a government
plan. This exclusion applies whether or not the person
removable prosthetic services.
receiving the services is enrolled for the government
■■ Diagnosis and treatment of temporomandibular joint plan. This exclusion does not apply if the government
disorders. plan requires that dental insurance under this plan be
■■ Personal supplies or devices including, but not limited paid first.
to, water piks, toothbrushes, or dental floss. ■■ Temporary or provisional appliances or restorations.
■■ Precision attachments associated with fixed and
Additional Exclusions Under Basic Coverage
removable prostheses.
Covered expenses do not include, and no payment will
■■ Prescription drugs. be made for the following under basic coverage:
■■ Repair or replacement of an orthodontic device. ■■ Core buildup and cast post and core.
DENTAL

■■ Replacement of a lost or stolen appliance, cast ■■ Fixed and removable appliances for correction of
restoration or denture. harmful habits.
■■ Restoration of tooth structure damaged by attrition, ■■ Fixed partial dentures.
■■ Implants including, but not limited to, any related
abrasion or erosion unless caused by disease.
■■ Restorations or appliances used for the purpose of surgery, placement, restorations, maintenance, and
periodontal splinting. removal.
■■ Services: ■■ Initial installation or replacement of dentures.
■■ Labial veneers.
• Covered under any workers’ compensation or
occupational disease law.
• Covered under any employer liability law. ■■ Occlusal adjustments.
• For which the person receiving the services is not ■■ Orthodontic services or appliances.
required to pay. ■■ Other fixed denture services.
■■ Prefabricated stainless steel crowns or resin crowns.
• Received at a facility maintained by the Company,
labor union, mutual benefit association, or Veterans
Administration hospital. ■■ Relinings and rebasings of dentures.

■■ Services covered under other Company-sponsored ■■ Repair of implants.


coverage.

58
Dental Claims Claim Review
Within 30 days of receiving your claim, Delta Dental will
Filing a Claim conduct its review to determine whether or not benefits
are payable.
For purposes of filing claims and claim appeals, the term Delta Dental will notify you and your dentist if any
“you” includes you, your dependent who is filing a claim, additional information is needed to process the claim
or an authorized representative who is filing a claim on within this 30-day period. Delta Dental will process
your or your dependent’s behalf. the claim within 15 days of receipt of the additional
information.
Claim forms are available on the Delta Dental website at
If the requested information is not received within 45
www.deltadentalins.com. Follow the instructions
days, the claim will be denied.
ton the claim form carefully as this will expedite claim
processing. Payment of Claims
When you file a claim, you must also submit proof of loss. PPO Dentists and Premier Dentists will be paid directly.
Proof of loss is written evidence provided at your expense Any other payments will be made to you, unless you
that establishes the nature and extent of the loss or request when filing a claim that the payment be made
condition and your right to receive benefits. directly to the dentist providing the services.

Submit your claim and proof of loss as soon as you incur If your claim is approved, benefits will be paid within 30
a covered expense but no later than 90 days following the days from the date of receipt of claim.
date you receive the dental service. If it is not possible to If an overpayment is made, you are required to reimburse
submit the claim and proof within 90 days, your claim will the plan. Delta Dental may recover overpayments by
not be invalidated or reduced if it is shown that they were stopping or reducing future benefits, demanding a refund
submitted as soon as reasonably possible. of the overpayment from you, or taking legal action. If the
All written proof of loss must be given to Delta Dental overpayment results from payment of benefits that should
within 6 months from the termination of this plan. have been paid by another plan, Delta Dental may take
appropriate steps to recover the overpayments from the
Failure to submit a claim form and proof of loss may dental provider for whom payment was made.
invalidate your claim. Filing a fraudulent claim is a crime
and may result in criminal and civil penalties. Denied Claims
Delta Dental will notify the Primary Enrollee if Benefits are
Before approving a claim, Delta Dental will be entitled denied for services submitted on a Claim Form, in whole
to receive, to such extent as may be lawful, from any or in part, stating the reason(s) for denial. The Enrollee

DENTAL
attending or examining dentist, or from hospitals in which has 180 days after receiving a notice of denial to appeal
a dentist’s care is provided, such information and records it by writing to Delta Dental giving reasons why the denial
relating to attendance to or examination of, or treatment was wrong. The Enrollee may also ask Delta Dental to
provided to, you as may be required to administer the examine any additional information he/she includes that
claim, or that you be examined by a dental consultant may support his/her appeal.
retained by Delta Dental, in or near your community
or residence. Delta Dental will in every case hold such Appeal Procedure
information and records confidential. Delta Dental will provide you with copies of documents,
records and other information relevant to your claim free
The dental plan is funded by your employer and claims are of charge. To appeal a denied claim, submit your appeal
administered by Delta Dental. to Delta Dental at the address indicated on the claim form
within 180 days of receiving the notice of claim denial.
The employer is liable for all benefits under this plan; This process is available twice for each claim – you may
however, Dental Dental supervises and administers the appeal the initial determination (first appeal), and if the
payment of claims. claim is again denied under that appeal, you may appeal
that determination (second appeal).

59
Appeals must be in writing and must include at least the If the previous denial was based in whole or in part
following information: on a medical judgment, Delta Dental will consult with
■■ Name of employee. a health care professional with appropriate training

■■ Name of the plan.


and experience in the field of dentistry involved in the
judgment. This health care professional will not be
■■ Reference to the initial decision. one that was consulted on the previous determination,
■■ Whether the appeal is the first or second appeal of the and will not be a subordinate of any person who was
initial determination. consulted on the previous determination.
■■ An explanation of why you are appealing the You will be notified in writing of the final decision within 60
determination. days after receipt of your written request for appeal. The
As part of each appeal, you may submit any written notice will state the reasons why the extension is needed
comments, documents, records, or other information and indicate when a determination will be made.
relating to your claim. If Delta Dental denies the claim on appeal, a final written
After Delta Dental receives your written request decision will be sent to you that states the reason why
appealing the initial determination or determination on the appealed claim is being denied and references to any
the first appeal, a full and fair review of your claim will be specific plan provisions on which the denial is based. If
conducted. The review will look at the claim anew without applicable, the final written decision will state any internal
consideration of the previous denial. The review on rule, protocol, guideline or other criteria relied upon in
appeal will take into account all comments, documents, denying the claim on appeal or indicate that the rule,
records, and other information that you submit relating to protocol, guideline or other criteria was relied upon and
your claim without regard to whether the information was that you may request a copy free of charge.
submitted or considered in the previous determination. Legal Actions
The person who reviews your appeal will not be the same A legal action on a claim may be brought against the plan
person as the person who made the previous decision to only during a certain period. This period begins 60 days
deny your claim. In addition, the person who is reviewing after the date you submit your proof of loss and ends
the appeal will not be a subordinate of the person who three years after the date the proof of loss was required
made the previous decision to deny your claim. to be submitted.
DENTAL

60
SHORT TERM DISABILITY
Introduction Benefit payments under the plan are considered taxable
The CMC Short Term Disability (STD) Plan is designed to income under current federal and state tax regulations
replace a portion of your income if you are unable to work because CMC pays the cost of this benefit.
due to a physical disease, injury, pregnancy, or mental
Weekly benefits are based on a five-day work week. If
disorder.
an STD benefit is payable for less than a week, the plan
will pay 1/5th of the weekly benefit amount for each day of
The plan is administered by Standard Insurance Company disability during that week.
of Portland, Oregon (The Standard). When you need
assistance or have specific questions regarding this plan, All benefits are subject to the plan’s limitations and
contact Employee Services. exclusions.

Disability Defined
Refer to the glossary at the end of this handbook for You are considered disabled if The Standard determines
definitions of key terms. that, solely because of injury or sickness, you are:
■■ Unable to perform with reasonable continuity the
material duties of your own occupation, and
STD Benefits ■■ Unable to earn more than 80% of your predisability
Benefit Amount earnings from working in your own occupation.
If you are unable to work as a result of a disability that Your loss of a professional or occupational license/
begins while you are covered under the plan, you will certification to perform the duties of your own occupation
be eligible for benefits at the end of your benefit waiting does not alone mean that you are disabled.
period. You may be eligible for benefits even while you are
working part-time during your disability, as summarized in When STD Benefits Begin
the Partial Disability provision. The number of days that must pass from the first day of
disability until benefits become available is referred to as
Always notify your supervisor promptly if you are unable to your benefit waiting period. Your benefit waiting period is
report to work for any reason. the first seven consecutive days during which you cannot
work because of your disability and STD benefits are
not paid during this period. Your benefits begin after The
The gross weekly STD benefit varies based on the length Standard approves your claim and you have completed
of your disability: your benefit waiting period.
Time Period Gross Weekly STD Benefit For example, if your predisability earnings are $1,000 per
0-7 days Benefit waiting period - no STD benefits week, your disability benefit would be as follows:
1-8 weeks 80% of predisability earnings
Time Period Gross Weekly STD Benefit
9-16 weeks 70% of predisability earnings
0-7 days Benefit waiting period - no STD benefits
17-26 weeks 60% of predisability earnings
1-8 weeks $800 (80% of predisability earnings)
Generally, predisability earnings are your earnings in 9-16 weeks $700 (70% of predisability earnings)
effect on the day before your first day of disability – 17-26 weeks $600 (60% of predisability earnings)
refer to the glossary at the end of this handbook for a Your gross weekly benefit amount is reduced by other income
complete definition. benefits and (such as state disability insurance). It may also be short Term
Disability

reduced by any work earnings during your period of disability.


Your gross weekly benefit amount is reduced by other Please see Partial Disability section for information.
income benefits (such as state disability insurance). It may
also be reduced by any work earnings during your period
of disability. Please see Partial Disability section for more
information.

61
When STD Benefits End
Generally, STD benefits continue for up to 182 days in a
Partial Disability
rolling 12 month period. However, STD benefits will end If you are disabled but able to earn a portion of your
on the earliest of: predisability earnings, you may be eligible for a partial
■■ The date Long Term Disability benefits become disability benefit. Amounts you make during a period of
payable. partial disability are referred to as your work earnings.
Work earnings are any wage or salary for work performed
■■ The date you fail to provide proof of continued disability
for any employer including commissions, bonuses,
or partial disability and regular attendance of a
overtime pay, or other extra compensation.
physician.
■■ The date you fail to cooperate in the administration of Depending on the amount of your work earnings, this
your claim. Cooperation includes, but is not limited to, benefit allows you to continue to receive up to 100% of
providing any information or documents needed to your STD benefits while you are working, subject to the
determine whether benefits are payable or the actual maximum weekly benefit amount under the plan.
benefit amount due. To be eligible for a partial disability benefit all of the
■■ The date you refuse to be examined or evaluated at following must apply:
reasonable intervals. ■■ Your partial disability must result from an injury or
■■ The date you refuse to receive appropriate available sickness that occurs while you are covered under the
treatment. plan.
■■ The date you are able to work in your own occupation ■■ You must be able to perform:
and earn at least 20% of your predisability earnings, • One or more, but not all, of the material and
but choose not to. substantial duties of your own or any other
■■ The date your work earnings equal 80% of your occupation on a part-time basis, or
predisability earnings. • All of the material and substantial duties of your own
or any other occupation on a part-time basis.
■■ The date you are no longer disabled as determined by
The Standard. ■■ You must complete the benefit waiting period. (You
will be considered to have satisfied the benefit waiting
■■ The date your employment terminates.
period if you are disabled, partially disabled, or a
■■ The end of the maximum benefit period. combination of both during the period.)
■■ The date you die.
Partial Disability Benefit
Successive Periods of Disability During any week in which you work, your STD benefit will
If you receive benefits under the plan, you may be reduced only if the gross weekly STD benefit and your
temporarily recover from your disability, and then become work earnings during partial disability exceed 100% of
disabled again, without having to complete a new benefit your predisability earnings during any given week.
waiting period. The following will apply:
Each week, your work earnings are added to your gross
■■ You recover for less than a total of 30 days. weekly STD benefit amount and:
■■ The subsequent disability results from the same or ■■ If the total does not exceed 100% of your predisability
related causes for which you previously received earnings, your gross weekly STD benefit remains the
benefits. same.
short Term
Disability

If any of the above do not apply, your subsequent ■■ If the total exceeds 100% of your predisability earnings,
disability will be treated as a new disability and you must the amount in excess of 100% is subtracted from your
satisfy another benefit waiting period before benefits will gross weekly STD benefit amount before reductions
become payable under the plan. are made for other income benefits. The remainder is
your weekly STD benefit.
If you become covered under any other group short
term disability coverage, this provision will no longer
apply to you.

62
For example, if prior to your disability you were regularly Estimation of Benefits
scheduled to work 40 hours per week and your Your benefits under this plan will be reduced by the
predisability earnings were $1,000 per week ($25/hour), amount of other income benefits that The Standard
your gross weekly STD benefit would be $800 ($1,000 estimates are payable to you and/or your dependents.
x 80%). If your physician indicates that you may return However, your benefits will not be reduced by the
to work for three hours per day, two days per week (six estimated amount if you are not receiving these benefits,
hours per week), your STD benefit would be calculated as but do the following:
follows: ■■ Provide satisfactory proof that you have applied for
other income benefits,
Partial Disability Benefit Calculation
1 Weekly predisability earnings $1,000 ■■ If applicable, provide satisfactory proof that all appeals
2 Gross weekly STD benefit for other income benefits have been made on a timely
$800 basis to the highest administrative level (unless The
(#1 multiplied by 80%)
3 Your weekly work earnings (reduced work schedule Standard determines that further appeals are not likely
$150
of 6 hours per week multiplied by $25 per hour) to succeed), and
4 Your weekly work earnings are added to your
$950 ■■ If applicable, submit satisfactory proof that other
weekly STD benefit (#2 plus #3)
income benefits have been denied at the highest
Because # 4 is less than # 1, your gross weekly STD benefit
administrative level (unless The Standard determines
remains the same. Keep in mind that your gross weekly benefit is
reduced by other income benefits whether or not you are working that further appeals are not likely to succeed).
during a period of disability.
The Standard will not estimate or reduce for any benefits
under a Company-sponsored pension or retirement plan
until you actually receive those benefits.
Other Circumstances
If The Standard overestimates the amount payable to
Affecting STD you from any other plans, you will be reimbursed for that
Benefits amount upon receipt of written proof of the amount of
other income benefits awarded (whether by compromise,
Other Income Benefits settlement, award or judgment) or denied (after the
Gross weekly STD benefit amounts are reduced by the
highest administrative level appeal).
amount of other income benefits available as a result of
the disability for which you are claiming benefits. This Increases in Other Income Benefits
includes any benefits for which you or your dependents An increase in an other income benefit due to a cost of
are eligible, or that are paid to you, your dependents, living adjustment that occurs after your STD benefits
or to a third party on your behalf. (For purposes of this begin will not further reduce your STD benefits. (This
provision, your dependents include any persons who are does not apply to any cost of living adjustment for
eligible to receive benefits based on your entitlement to earnings you receive for work performed for any employer
benefits.) Other income benefits include any amounts during your period of disability.)
from:
Lump Sum Payments
■■ Disability and/or retirement benefits under the United If other income benefits are paid in a lump sum, The
States Social Security Act, the Canada Pension Plan, Standard will prorate the lump sum over the period of
the Quebec Pension Plan or any similar plan or act that: time those benefits would have been payable if they had short Term
Disability
• You receive or are eligible to receive. not been paid in a lump sum. For example, if you receive
• Your dependents receive or are eligible to receive a lump sum payment of $2,400 for a 12-week period
because of your disability or eligibility for retirement of disability, your STD benefit will be reduced by $200
benefits. ($2,400 divided by 12 weeks) during each applicable week.
■■ Any other governmental program or coverage required
Third Party Liability
or provided by law (including any amount attributable to
If your injury or sickness appears to be someone else’s
your dependents).
fault, benefits otherwise payable under the plan as a
■■ Any CMC sick leave or salary continuation plan. result of your injury or sickness will not be paid unless you
■■ Any workers’ or workmen’s compensation benefits. or your legal representative agrees:
■■ Any unemployment compensation benefits.

63
■■ To repay The Standard for benefits paid under the
plan for your loss if compensation is paid to you for the
General STD
same loss by or on behalf of the person at fault. Provisions
■■ To allow The Standard a lien on that compensation and Workers’ Compensation Insurance
to hold the compensation in trust for The Standard. The plan does not replace or affect any requirements for
If benefits under the plan are paid to you or on your coverage under any workers’ compensation insurance law.
behalf, The Standard will be entitled to all rights of
recovery that you have against the person at fault. These
rights (referred to as subrogation rights) will extend only to STD Claims
recovery of the amount The Standard has paid.
Filing a Claim
You will be required to provide The Standard with any
necessary documents and to take any actions required to For purposes of filing claims and claim appeals, the term
secure the above rights to The Standard. “you” includes you, an authorized representative who is
filing a claim on your behalf, or your beneficiary.

STD Limitations and Claim forms are available from Employee Services. You
Exclusions should submit your claim within 30 days following the
date you become disabled. When you file a claim, you
In addition to other limitations and exclusions under the
must also submit proof of loss at your expense. Proof of
plan, STD benefits are not payable for a disability that
loss is evidence in a form or format satisfactory to The
results directly or indirectly from:
Standard that supports a claim for benefits. Proof
■■ War, declared or undeclared, or any act of war. includes, but is not limited to, the following:
■■ Intentionally self-inflicted injuries, while sane or insane. ■■ Your attending physician’s completed and signed
■■ Active participation in a riot or violent disorder. statement.
■■ The committing of or attempting to commit a felony. ■■ Supporting documentation from your attending
■■ Injury that occurs because of or in the course of other physician that supports the diagnosis, such as chart
employment. notes, lab findings, test results, x-rays, and/or other
■■ Cosmetic surgery unless the surgery is in connection
forms of objective medical evidence in support of a
claim for benefits.
with an injury or sickness sustained while covered
under the plan. Your proof of loss should be submitted to The Standard
■■ A gender change, including, but not limited to, any within 30 days following the completion of your benefit
operation, drug therapy, or any other procedure related waiting period.
to a gender change. If it is not possible to submit the documents within the
In addition, STD benefits are not payable during any applicable time periods, the claim will not be invalidated
period of incarceration. or reduced if it is shown that the claim and proof of
loss were submitted as soon as reasonably possible.
However, the additional time allowed cannot exceed
short Term

one year following the date that your proof of loss was
Disability

originally required unless you are legally incapacitated.

If your claim is approved and you are receiving benefits,


you will be required to provide proof of continued
disability, the regular attendance of a physician, and
receipt of appropriate available treatment at intervals
determined by The Standard. You must submit proof of
continued loss within 30 days of The Standard’s request.

Failure to provide The Standard with proof of loss or any


other requested information may invalidate your claim.

64
Claim Review In the event of your death, an overpayment will be
The Standard will review your claim and determine recovered from any benefits payable under the plan.
whether or not benefits are payable in accordance with
Denied Claims
the terms and provisions of the plan.
If your claim is denied, you will receive a notice of denial
During the review, The Standard may require additional that includes the following information:
information regarding the claim or a physical examination ■■ The specific reasons for denial with reference to plan
or evaluation at its expense. The Standard has the right to provisions on which the denial is based.
■■ A description of any additional material or information
examine/evaluate any person for whom a claim is made
as often as it determines to be reasonably necessary.
necessary to complete your claim and an explanation
Failure to cooperate with The Standard’s request for
of why that material or information is necessary.
information or physical examination or evaluation may
invalidate your claim. ■■ A description of the plan’s appeal procedures and time
frames, including a statement of your right to bring a
Generally, you will be notified of the claim decision within civil action under ERISA following an adverse decision
45 days of receipt of your claim. However, the review on appeal.
■■ If applicable, any internal rule, guideline, protocol, or
period may be extended by two 30-day periods if it
is determined to be necessary due to circumstances
other similar criteria relied upon in making the adverse
beyond The Standard’s control. In this event, you will be
decision, or a statement that a rule, guideline, protocol,
notified in writing before the end of the current review
or other similar criteria was relied upon and that a copy
period:
will be provided free of charge upon request.
■■ That an extension is necessary.
■■ If the adverse decision was based on a medical
■■ The standards on which benefit eligibility is based. necessity, experimental treatment, or similar exclusion
■■ The unresolved issues that prevent a claim decision. or limit, an explanation of the scientific or clinical
■■ The additional information needed. judgment for the adverse decision or a statement that
the explanation will be provided free of charge upon
■■ The expected claim decision date.
request.
If the review period is extended due to your failure to
You have the right to appeal the decision by making a
submit necessary information, you will be given at least
written request for appeal to The Standard within 180
45 days to provide the information. However, the review
days from the date you receive the claim denial. If you
period will be further extended by the number of days it
do not make the request within that time period, you will
takes you to provide the information.
have waived your right to appeal.
Payment of Claims The claim appeal procedure allows you the right to:
If your claim is approved, you will receive benefits in
accordance with plan provisions. ■■ Submit written comments, documents, records, and
other information relating to the claim for review by The
Overpayments Standard.
■■ Request, free of charge, reasonable access to and
If an overpayment is made due to a circumstance such
as fraud, a plan administration/claim processing error, or
copies of all documents, records and other information
receipt of other income benefits, The Standard has the
relevant to your claim.
right to full reimbursement. If an overpayment is made,
■■ A review that takes into account all comments,
short Term
Disability

The Standard will take actions such as the following:


documents, records, and other information submitted
■■ Request a lump sum payment of the overpaid amount.
by you without regard to whether the information was
■■ Reduce any amounts that later become payable under submitted or considered in the initial claim decision.
■■ A review that does not consider the initial adverse
the plan.
■■ Take any appropriate collection activity. decision and which is conducted neither by the
■■ Place a lien, if not prohibited by law, in the amount of individual who made the initial adverse decision nor
the overpayment on the proceeds of any other income his/her subordinate.
benefits, whether they are paid on a periodic or lump
sum basis.

65
■■ If the appeal involves an adverse decision based on If your appeal is denied, you will receive written notice
medical judgment, a review of your claim by a health that includes the following information:
care professional who has appropriate training and ■■ The specific reasons for denial with reference to plan
experience in the applicable field of medicine and who provisions on which the denial is based.
■■ A statement that you are entitled to receive, upon
was neither consulted in connection with the initial
claim decision nor the subordinate of that individual.
request and free of charge, reasonable access to and
■■ The identification of medical or vocational experts, copies of all documents, records, and other information
if any, consulted in connection with the claim denial relevant to your claim.
■■ Statements describing any voluntary appeal
without regard to whether the advice was relied upon in
making the initial claim decision.
procedures offered by The Standard, your right to
The Standard will review your appeal within 45 days after obtain information about the procedures, and your right
receipt of your properly filed request for appeal. However, to bring an action under ERISA.
the review period may be extended for an additional ■■ If applicable, any internal rule, guideline, protocol, or
45-day period if it is determined to be necessary due to other similar criteria relied upon in making the adverse
circumstances beyond The Standard’s control. In this decision, or a statement that a rule, guideline, protocol,
event, you will be notified in writing before the end of the or other similar criteria was relied upon and that a copy
initial 45-day review period that an extension is necessary, will be provided free of charge upon request.
■■ If the adverse decision was based on a medical
why the extension is necessary, and the expected
determination date. If the review period is extended due
necessity, experimental treatment, or similar exclusion or
to your failure to submit necessary information, the review
limit, an explanation of the scientific or clinical judgment
period will be further extended by the number of days it
for the adverse decision or a statement that the
takes you to provide the information.
explanation will be provided free of charge upon request.

Legal Actions
No legal action may be taken against the plan:
■■ Until 60 days following the date you provide proof of
loss to The Standard.
■■ More than three years following the date you were
required to provide proof of loss to The Standard.
short Term
Disability

66
LONG TERM DISABILITY
Introduction Disability Defined
The CMC Long Term Disability (LTD) Plan is designed to During your benefit waiting period (as summarized in the
replace a portion of your income if you are unable to work When LTD Benefits Begin provision) and the following
for an extended period due to a physical disease, injury, 24 months, you are considered disabled if The Standard
pregnancy, or mental disorder. The plan also provides determines that you are unable to perform all of the
support, services, and assistance to help you get back to material and substantial duties of your own occupation
work and to an independent lifestyle. because of an injury or sickness.

After benefits have been paid for 24 months, you will be


The plan is insured by Standard Insurance Company
considered disabled if The Standard determines that you
of Portland, Oregon (The Standard). When you need
are unable to perform on a regular basis the material and
assistance or have specific questions regarding this plan,
substantial duties of any occupation for which you are
contact Employee Services.
or may reasonably become qualified based on training,
education, experience, age, and physical and mental
Refer to the glossary at the end of this handbook for
capacity.
definitions of key terms.
Your loss of a professional or occupational license/
certification to perform the duties of your own occupation
LTD Benefits does not alone mean that you are disabled.

Benefit Amount When LTD Benefits Begin


If you are unable to work because of a disability that The number of days that must pass from the first day of
begins while you are covered under the plan, you will be disability until benefits become available is referred to as
eligible to receive LTD benefits at the end of your benefit your benefit waiting period. Your benefit waiting period
waiting period. You may be eligible for benefits even is 189 days. Your benefits begin after The Standard
while you are working part-time during your disability, as approves your claim and you have completed your benefit
summarized in the Partial Disability provision. waiting period.

The gross monthly LTD benefit is 60% of your For example, if your predisability earnings are $4,000 per
predisability earnings. Generally, predisability earnings month, your disability benefit would be as follows:
are your earnings in effect on the day before your first Beginning on the
day of disability – refer to the glossary at the end of this 189 Day Waiting 190th Day of Disability
handbook for a complete definition. Period Gross Monthly LTD Benefit
No LTD benefits $2,400 (60% of predisability earnings)
Your gross monthly benefit amount is reduced by other
Your gross monthly LTD benefit is reduced by other income benefits
income benefits (such as sick leave and Social Security
and any work earnings.
disability benefits). It is also reduced by any work earnings
during your period of disability. Work earnings are any If you recover for 30 days or less during your benefit
wage or salary for work performed for any employer waiting period, but cannot continue working due to
including commissions, bonuses, overtime pay, or other your disability, your benefit waiting period will not be
extra compensation. The remainder is your monthly LTD discontinued. However, the period will be extended by
benefit subject to a: one calendar day for each day you are at work.
■■ Minimum monthly benefit of $50
■■ Maximum monthly benefit of $10,000

Benefit payments under the plan are considered taxable


income under current federal and state tax regulations
because CMC pays the cost of this benefit.

Monthly benefits are based on a calendar month. If an


LTD benefit is payable for less than a month, the plan will
prorate of the monthly benefit amount for each day of
long Term
Disability

disability during that month.

All benefits are subject to the plan’s limitations and


exclusions.

67
When LTD Benefits End Maximum Benefit Period
Generally, LTD benefits continue for up to the maximum The maximum benefit period depends on your age at the
benefit period. However, LTD benefits will end on the time you become disabled as shown in the following table:
earliest of:
■■ The date you fail to provide proof of continued disability
Your Age When Maximum
Disability Begins Benefit Period
or partial disability and regular attendance of a
To age 65
physician. 61 or under
(or 42 months, if longer)
■■ The date you fail to cooperate in the administration of 62 42 months
your claim. Cooperation includes, but is not limited to, 63 36 months
providing any information or documents needed to 64 30 months
determine whether benefits are payable or the actual 65 24 months
benefit amount due. 66 21 months
■■ The date you refuse to be examined or evaluated at 67 18 months
reasonable intervals. 68 15 months
■■ The date you refuse to receive appropriate available 69 or over 12 months
treatment.
Exceptions to the maximum benefit period are
■■ The date you refuse a job with the Company if summarized below.
workplace modifications or accommodations have
been made to allow you to perform the material and Limited Benefit Periods for Disabilities Due to
substantial duties of the job. Mental Disorder, Substance Abuse, and/or Other
Limited Conditions
■■ The date you are able to work in your own occupation
Payment of LTD benefits is limited to 12 months
on a part-time basis, but choose not to.
during your entire lifetime for a disability caused by
■■ The date your work earnings exceed 80% of your or contributed to by any one or more of the following:
predisability earnings. Because your work earnings medical or surgical treatment of mental disorders,
may fluctuate, The Standard will average earnings over substance abuse, or other limited conditions. However, if
three consecutive months rather than immediately you are confined in a hospital solely because of a mental
terminating benefits once your work earnings exceed disorder at the end of the 12 months, this limitation will
80% of your predisability earnings. not apply while you are continuously confined.
■■ The date you are no longer disabled according to plan
provisions.
Successive Periods of Disability
You may temporarily recover from your disability, and
■■ The end of the maximum benefit period. then become disabled again, from the same cause or
■■ The date you die. causes without having to complete a new benefit waiting
period if:
■■ Your recovery during the benefit waiting period is less
than a total of 30 days snd/or
■■ Your recovery during the maximum benefit period is
less than 180 days for each period of recovery.
If any of the above do not apply, your subsequent
disability will be treated as a new disability and you must
satisfy another benefit waiting period before benefits will
become payable under the plan.
long Term
Disability

68
Partial Disability and
For example, if prior to your disability you were regularly
scheduled to work 40 hours per week and your
Other Special LTD predisability earnings were $4,000 per month ($23.07 per
Benefits hour), your gross monthly LTD benefit would be $2,400
($4,000 x 60%). If your physician indicates that you
Partial Disability may return to work for two hours per day (40 hours per
If you are partially disabled but able to earn a portion month), your LTD benefit would be calculated as follows:
of your predisability earnings, you may be eligible for a
partial disability benefit. Amounts you make during a Disability Benefit Calculation During First 12 Months of
period of partial disability are referred to as your work the Return to Work Incentive
earnings. Work earnings are any wage or salary for work 1 Monthly predisability earnings $ 4,000.00
performed for any employer including commissions, 2 Gross monthly LTD benefit (#1 multiplied by 60%) $ 2,400.00
bonuses, overtime pay, or other extra compensation. Your monthly work earnings (reduced work
schedule of 40 hours per month multiplied by
Depending on the amount of your work earnings, this 3 $23.07 per hour) $ 922.80
benefit allows you to continue to receive up to 100% of Your monthly work earnings are added to your
your LTD benefits while you are working, subject to the 4 monthly LTD benefit (#2 plus #3) $ 3,322.80
minimum and maximum monthly benefit amounts under Because line 4 is less than line 1, your gross monthly LTD benefit
the plan. remains the same. Keep in mind that your gross monthly benefit is
reduced by other income benefits whether or not you are working
To be eligible for a disability benefit while working, the during a period of disability.
following must apply:
Disability Benefit After the First 12 Months of
■■ You must be disabled as defined by the plan. the Return to Work Incentive
■■ You must suffer a loss of at least 20% of your After 12 months of partial disability benefits, your monthly
predisability earnings. LTD benefit during partial disability is calculated using the
formula: (A ÷ B) x C.
Separate calculations are used to determine disability
benefits during the first 12 months after you return A = Your monthly predisability earnings minus your
to work while disabled, and subsequent months as monthly work earnings. This is your amount of lost
summarized below. earnings.
Return to Work Incentive B = Your monthly predisability earnings.
During the first 12 months following completion of your
C = Your gross monthly LTD benefit plus your monthly
benefit waiting period, your benefit is reduced only
work earnings.
if your gross monthly LTD benefit and your earnings
during partial disability exceed 100% of your predisability
earnings during any given month. For purposes of the return to work incentive and definition
of disability, the amount used as your monthly predisability
Each month, your work earnings are added to your gross earnings will be adjusted annually by any increase in the
monthly benefit amount and: Consumer Price Index.
■■ If the total does not exceed 100% of your predisability
earnings, your gross monthly benefit remains the same.
■■ If the total exceeds 100% of your predisability earnings,
Rehabilitation Incentive Benefit
If The Standard determines that rehabilitation is appropriate
the amount in excess of 100% is subtracted from your
for your disability, you may be eligible to participate in a
gross monthly benefit amount before reductions are
program designed to help you return to work. A rehabilitation
made for other income benefits. The remainder is your
program is a comprehensive, individually tailored, goal
monthly LTD benefit.
oriented program to help return you to gainful employment.
The services offered may include the following:
■■ Training and education expenses
■■ Family care expenses
■■ Job-related expenses
long Term
Disability

■■ Job search expenses

69
Other Circumstances
Penalty for Failure to
Participate in Rehabilitation
No LTD benefits will be paid for any period of disability Affecting LTD
when you are not participating in good faith in a plan, Benefits
program, or course of medical treatment or vocational
training or education approved by The Standard unless Other Income Benefits
your disability prevents you from participating. Gross monthly LTD benefit amounts are reduced by the
amount of other income benefits available as a result of
Reasonable Accommodation the disability for which you are claiming benefits. This
Expense Benefit includes any benefits for which you or your dependents
If you return to work in any occupation for any employer, are eligible, or that are paid to you, your dependents,
not including self-employment, as a result of a reasonable or to a third party on your behalf. (For purposes of this
accommodation made by such employer, The Standard provision, your dependents include any persons who are
will pay that employer a reasonable accommodation eligible to receive benefits based on your entitlement to
expense benefit of up to $25,000, but not to exceed the benefits.) Other income benefits include:
expenses incurred.
1. Sick pay, annual or personal leave pay, or other salary
The reasonable accommodation expense benefit is continuation (but not vacation pay), paid to you by
payable only if the reasonable accommodation is approved CMC, if it exceeds the amount found in a., b., and c.
by The Standard in writing prior to its implementation.
a. Determine the amount of your LTD Benefit as if there
Survivor Benefit were no Deductible Income, and add your sick pay
If you die while LTD Benefits are payable, and on the date or other salary continuation to that amount.
you die you have been continuously Disabled for at least
b. Determine 100% of your Indexed Predisability
180 days, a Survivors Benefit will be paid to your eligible
Earnings.
survivor. This benefit is a lump sum equal to 3 times your
LTD Benefit without reduction by Deductible Income. (If c. If a. is greater than b., the difference will be
an overpayment is due to The Standard at the time fo Deductible Income.
your death, the Survivors Benefit will first be applied to
2. Your Work Earnings, as described in the Return To
reduce any overpayment of your claim.)
Work Provisions.
Survivor Benefits are paid to:
3. Any amount you receive or are eligible to receive
■■ Your surviving spouse; because of your disability, including amounts for partial
■■ Your surviving children, including adopted children, or total disability, whether permanent, temporary, or
under age 25; vocational, under any of the following:
■■ Your spouse’s surviving children, including adopted a. A workers’ compensation law;
children, under age 25; or
■■ Any person providing the care and support of any
b. The Jones Act;
person listed above. c. Maritime Doctrine of Maintenance, Wages, or Cure;
■■ Your estate, if you are not survived by any person listed d. Longshoremen’s and Harbor Worker’s Act; or
above.
e. Any similar act or law.

4. Any amount you, your spouse, or your child under age


18 receive or are eligible to receive because of your
disability or retirement under:

a. The Federal Social Security Act;

b. The Canada Pension Plan;

c. The Quebec Pension Plan;


long Term
Disability

d. The Railroad Retirement Act; or

e. Any similar plan or act.

70
Full offset: Both the primary benefit (the benefit ■■ If applicable, submit satisfactory proof that other income
awarded to you) and dependents benefit are benefits have been denied at the highest administrative
Deductible Income. level (unless The Standard determines that further
appeals are not likely to succeed).
Benefits your spouse or a child receives or are eligible
to receive because of your disability are Deductible The Standard will not estimate or reduce for any benefits
Income regardless of marital status, custody, or place under a Company-sponsored pension or retirement plan
until you actually receive those benefits.
of residence. The term “child” has the meaning given in
the applicable plan or act. If The Standard overestimates the amount payable to
you from any other plans, you will be reimbursed for that
5. Any amount you receive or are eligible to receive amount upon receipt of written proof of the amount of
because of your disability under any state disability other income benefits awarded (whether by compromise,
income benefit law or similar law. settlement, award or judgment) or denied (after the
highest administrative level appeal).
6. Any amount you receive or are eligible to receive
because of your disability under another group Increases in Other Income Benefits
insurance coverage. An increase in an other income benefit due to a cost
of living adjustment that occurs after your LTD benefits
7. Any disability or retirement benefits you receive under
begin will not further reduce your LTD benefits. (This does
your Employer’s retirement plan.
not apply to any cost of living adjustment for earnings you
8. Any earnings or compensation included in Predisability receive for work performed for any employer during your
Earnings which you receive or are eligible to receive period of disability.)
while LTD Benefits are payable.
Lump Sum Payments
9. Any amount you receive or are eligible to receiveunder If you are paid deductible income in a lump sum or by a
any unemployment compensation law or similar act or method other than monthly, The Standard will determine
law. your LTD Benefit using a prorated amount. The Standard
will use the period of time to which the deductible income
10. Any amount you receive or are eligible to receive
applies. If no period of time is stated, The Standard will
from or on behalf of a third party because of your
use a reasonable one.
disability, whether by judgment, settlement or other
method. If you notify us before filing suit or settling Third Party Liability
your claim against such third party, the amount used If your injury or sickness appears to be someone else’s
as Deductible Income will be reduced by a pro rata fault, benefits otherwise payable under the plan as a
share of your costs of recovery, including reasonable result of your injury or sickness will not be paid unless you
attorney fees. or your legal representative agrees:
11. Any amount you receive by compromise, settlement, ■■ To repay The Standard for benefits paid under the
or other method as a result of a claim for any of the plan for your loss if compensation is paid to you for the
above, whether disputed or undisputed. same loss by or on behalf of the person at fault.

Estimation of Benefits ■■ To allow The Standard a lien on that compensation and


Your benefits under this plan will be reduced by the to hold the compensation in trust for The Standard.
amount of other income benefits that The Standard If benefits under the plan are paid to you or on your
estimates are payable to you and/or your dependents. behalf, The Standard will be entitled to all rights of
However, your benefits will not be reduced by the recovery that you have against the person at fault. These
estimated amount if you are not receiving these benefits, rights (referred to as subrogation rights) will extend only to
but do the following: recovery of the amount The Standard has paid.
■■ Provide satisfactory proof that you have applied for other
You will be required to provide The Standard with any
income benefits,
necessary documents and to take any actions required to
■■ If applicable, provide satisfactory proof that all appeals
secure the above rights to The Standard.
for other income benefits have been made on a timely
basis to the highest administrative level (unless The
long Term
Disability

Standard determines that further appeals are not likely


to succeed), and

71
LTD Limitations and Workers’ Compensation Insurance
The plan does not replace or affect any requirements for
Exclusions coverage under any workers’ compensation insurance
law or similar law.
Preexisting Condition Limitation
LTD benefits are not payable for any disability that begins in Other LTD Services
the first 12 months immediately following your effective date There are several other additional special benefit
of coverage if that disability is caused by or contributed provisions available under the LTD plan as follows:
■■ Social Security assistance
to by a preexisting condition. A preexisting condition is
a condition resulting from an injury or sickness that was
diagnosed or for which you received treatment within the ■■ Rehabilitation during disability
three-month period prior to your effective date of coverage. ■■ Transitional work arrangements
■■ Work incentive benefits
Exclusions
In addition to other limitations and exclusions under the ■■ Survivor benefits
plan, LTD benefits are not payable for any disability that is
due to:
■■ War, declared or undeclared, or any act of war. LTD Conversion
■■ Intentionally self-inflicted injuries, while sane or insane. When your insurance ends, you may buy LTD conversion
■■ Active participation in a riot or violent disorder. insurance if you meet the following:
■■ The committing of or attempting to commit a felony. 1. Your insurance ends for a reason other than:
In addition, LTD benefits are not payable during any a. Termination or amendment of the group policy;
period of incarceration or after 12 months for each period
of continuous disability while you reside outside of the b. Your failure to make a required premium contribution;
United States or Canada. or

c. Your retirement.

General LTD 2. You were continuously insured under CMC’s long term
disability insurance plan for at least one year as of the
Provisions date your insurance ended.
Incontestability 3. You are not disabled on the date your insurance ends.
Any statement made to obtain insurance or to increase
insurance is a representation and not a warranty. 4. You are a citizen or resident of the United States or
Canada.
No misrepresentation will be used to reduce or deny a
claim or contest the validity of insurance unless: You must apply in writing and pay the first premium to
The Standard within 31 days after your insurance ends.
1. The insurance would not have been approved if we had
known the truth; and The maximum LTD conversion insurance benefit you may
select is the smallest of $4,000 (however, if you provide
2. The Standard has given you or any other person satisfactory evidence of insurability, this upper limit is
claiming benefits a copy of the signed written $8,000); and 60% of your insured predisability earnings
instrument which contains the misrepresentation. on the date your insurance ended; and the LTD Benefit
After insurance has been in effect for two years during payable if you had become disabled on the day before
the lifetime of the insured, The Standard will not use a your insurance ended and you had no deductible income.
misrepresentation to reduce or deny the claim, unless it The maximum LTD conversion insurance benefit is
was a fraudulent misrepresentation. reduced by deductible income. The certificate The
Standard will issue to you when your LTD conversion
Misstatement of Age
insurance becomes effective will contain other provisions
If The Standard determines that your age has been
which will also differ from the group policy.
misstated, benefit amounts will be adjusted accordingly
long Term
Disability

and the maximum benefit period will be the period to For more information or to request application forms for
which you would have been entitled if your correct age conversion, contact Employee Services.
were known.

72
LTD Claims Claim Review
The Standard will review your claim and determine
Filing a Claim whether or not benefits are payable in accordance with
the terms and provisions of the plan.
For purposes of filing claims and claim appeals, the term
During the review, The Standard may require additional
“you” includes you, or an authorized representative who is
information regarding the claim or a physical examination
filing a claim on your behalf.
or evaluation at its expense. The Standard has the right to
examine/evaluate any person for whom a claim is made
If you transition from STD to LTD, a claim form may not be as often as it determines to be reasonably necessary.
required. Claim forms are available from Employee Failure to cooperate with The Standard’s request for
Services. It is recommended that you submit your claim information or physical examination or evaluation may
within 90 days following the date you become disabled or invalidate your claim.
as soon as you know you will be off work for 189 days or
Generally, you will be notified of the claim decision within
longer. When you file a claim, you must also submit proof
45 days of receipt of your claim. However, the review
of loss at your expense. Proof of loss is evidence in a
period may be extended by two 30-day periods if it is
form or format satisfactory to The Standard that supports
determined to be necessary due to circumstances beyond
a claim for benefits. Proof includes, but is not limited to,
The Standard’s control. In this event, you will be notified in
the following:
writing before the end of the current review period:
■■ Your attending physician’s completed and signed
■■ That an extension is necessary.
statement.
■■ The standards on which benefit eligibility is based.
■■ Supporting documentation from your attending
physician that supports the diagnosis, such as chart ■■ The unresolved issues that prevent a claim decision.
notes, lab findings, test results, x-rays, and/or other ■■ The additional information needed.
forms of objective medical evidence in support of a ■■ The expected claim decision date.
claim for benefits.
If the review period is extended due to your failure to
Your proof of loss must be submitted to The Standard submit necessary information, you will be given at least
within 90 days following the completion of your benefit 45 days to provide the information. However, the review
waiting period. period will be further extended by the number of days it
If it is not possible to submit the documents within the takes you to provide the information.
applicable time periods, the claim will not be invalidated Payment of Claims
or reduced if it is shown that the claim and proof of If your claim is approved, you will receive benefits in
loss were submitted as soon as reasonably possible. accordance with plan provisions.
However, the additional time allowed cannot exceed
one year following the date that your proof of loss was Overpayments
originally required unless you are legally incapacitated. If an overpayment is made due to a circumstance such
as fraud, a plan administration/claim processing error, or
If your claim is approved and you are receiving benefits, receipt of other income benefits, The Standard has the
you will be required to provide proof of continued right to full reimbursement. If an overpayment is made,
disability, the regular attendance of a physician, and The Standard will take actions such as the following:
receipt of appropriate available treatment at intervals
■■ Request a lump sum payment of the overpaid amount.
determined by The Standard. You must submit proof of
continued loss at The Standard’s request. ■■ Reduce any amounts that later become payable under
the plan. (In this event, your benefit amount may be
Failure to provide The Standard with proof of loss or any less than the plan’s minimum benefit amount.)
other requested information may invalidate your claim.
■■ Take any appropriate collection activity.
Standard Insurance Company of Portland, Oregon (The Standard) is ■■ Place a lien, if not prohibited by law, in the amount of
the named fiduciary for adjudicating claims for benefits under the the overpayment on the proceeds of any other income
plan and for deciding any appeals of denied claims. The Standard benefits, whether they are paid on a periodic or lump
long Term
Disability

has the authority, in its discretion, to interpret the terms of the plan, sum basis.
to decide questions of eligibility for coverage or benefits under the ■■ In the event of your death, an overpayment will be
plan, and to make any related findings of fact. All decisions made recovered from any benefits payable under the plan.
by The Standard are final and binding on participants to the full
extent permitted by law.
73
Denied Claims ■■ The identification of medical or vocational experts,
If your claim is denied, you will receive a notice of denial if any, consulted in connection with the claim denial
that includes the following information: without regard to whether the advice was relied upon in
■■ The specific reasons for denial with reference to plan
making the initial claim decision.
provisions on which the denial is based. The Standard will review your appeal within 45 days after
■■ A description of any additional material or information receipt of your properly filed request for appeal. However,
necessary to complete your claim and an explanation the review period may be extended for an additional
of why that material or information is necessary. 45-day period if it is determined to be necessary due
■■ A description of the plan’s appeal procedures and time
to circumstances beyond The Standard’s control. In
this event, you will be notified in writing before the end
frames, including a statement of your right to bring a
of the initial 45-day review period that an extension
civil action under ERISA following an adverse decision
is necessary, why the extension is necessary, and
on appeal.
the expected determination date. If the review period
■■ If applicable, any internal rule, guideline, protocol, or is extended due to your failure to submit necessary
other similar criteria relied upon in making the adverse information, the review period will be further extended
decision, or a statement that a rule, guideline, protocol, by the number of days it takes you to provide the
or other similar criteria was relied upon and that a copy information.
will be provided free of charge upon request.
■■ If the adverse decision was based on a medical
If your appeal is denied, you will receive written notice
that includes the following information:
necessity, experimental treatment, or similar exclusion
or limit, an explanation of the scientific or clinical ■■ The specific reasons for denial with reference to plan
judgment for the adverse decision or a statement that provisions on which the denial is based.
the explanation will be provided free of charge upon ■■ A statement that you are entitled to receive, upon
request. request and free of charge, reasonable access to and
copies of all documents, records, and other information
You have the right to appeal the decision by making a
relevant to your claim.
written request for appeal to The Standard within 180
days from the date you receive the claim denial. If you ■■ Statements describing any voluntary appeal
do not make the request within that time period, you will procedures offered by The Standard, your right to
have waived your right to appeal. obtain information about the procedures, and your right
to bring an action under ERISA.
The claim appeal procedure allows you the right to:
■■ If applicable, any internal rule, guideline, protocol, or
■■ Submit written comments, documents, records, and other similar criteria relied upon in making the adverse
other information relating to the claim for review by The decision, or a statement that a rule, guideline, protocol,
Standard. or other similar criteria was relied upon and that a copy
■■ Request, free of charge, reasonable access to and will be provided free of charge upon request.
copies of all documents, records and other information ■■ If the adverse decision was based on a medical
relevant to your claim. necessity, experimental treatment, or similar exclusion
■■ A review that takes into account all comments, or limit, an explanation of the scientific or clinical
documents, records, and other information submitted judgment for the adverse decision or a statement that
by you without regard to whether the information was the explanation will be provided free of charge upon
submitted or considered in the initial claim decision. request.
■■ A review that does not consider the initial adverse
Legal Actions
decision and which is conducted neither by the
No legal action may be taken against the plan:
individual who made the initial adverse decision nor
his/her subordinate. ■■ Until 60 days following the date you provide proof of
loss to The Standard.
■■ If the appeal involves an adverse decision based on
medical judgment, a review of your claim by a health ■■ More than three years following the date you were
required to provide proof of loss to The Standard.
care professional who has appropriate training and
long Term
Disability

experience in the applicable field of medicine and who


was neither consulted in connection with the initial
claim decision nor the subordinate of that individual.

74
LIFE INSURANCE

life
Introduction
The CMC Life Insurance Plan helps to protect you and
Life Insurance
your family against financial disaster in the event of death. Benefits
It provides basic life insurance for you at no cost. And,
Basic Life Insurance
you may elect additional coverage for yourself under
Your basic life insurance amount is equal to two times
optional life as well as dependent life insurance for your
your annual pay (up to a maximum of $1,000,000). If the
spouse and children.
insurance amount is not a multiple of $1,000, it is rounded
to the next higher multiple of $1,000. For example: If your
This plan is insured by ING ReliaStar Life Insurance annual pay is $50,250, your basic life insurance amount
Company (ING). When you need assistance or have specific will be $101,000 ($100,500 rounded to the next higher
questions regarding this plan, contact Employee Services. multiple of $1,000).

If your pay changes, your basic life insurance amount


will automatically change on the first day of the month
Refer to the glossary at the end of this handbook for
following your pay change if you are actively at work.
definitions of key terms.
Reduction of Basic Life Insurance Amount Due
Life Insurance Plan Options to Age
If you are eligible, basic life insurance is provided by CMC Your basic life insurance amount will be reduced
at no cost to you. If you choose to enroll for additional automatically when you reach certain ages as follows:
coverage, you may elect among the following options for
you and your eligible dependents: Reduction of Basic Life Insurance Amount
■■ Optional life insurance for you Percentage of Pre-70
Covered Person’s Age Insurance Amount
■■ Dependent life insurance for your spouse 70 - 74 65%
■■ Dependent life insurance for your children 75 - 79 45%
Your elections remain in effect for the entire calendar 80 - 84 30%
year. You generally cannot make changes until the next 85 and over 20%
Open Enrollment period unless you experience a qualified
Reductions become effective on the dates you attain the
status change, as summarized in the Eligibility and
specified ages regardless of whether you are actively at
Enrollment section of this handbook.
work or not on those dates. If you become insured or
your insurance amount increases on or after age 70, the
Enrollments and insurance amount changes are subject applicable reduction for your age will apply.
to the actively at work and confined for care requirements
as summarized in the Eligibility and Enrollment section of
this handbook.

75
life

Optional and Dependent Life Insurance A dependent life insurance amount for your spouse that is
Optional and dependent life insurance are available to in excess of $25,000 is subject to evidence of insurability
allow you to purchase additional coverage for yourself requirements.
and/or your dependents.
Evidence of Insurability (EOI) Requirements
Optional Life Insurance The following optional and dependent life insurance
You may elect optional life insurance in amounts from one amounts are subject to EOI requirements:
to seven times your annual pay subject to a maximum ■■ An optional life insurance amount that exceeds the
insurance amount of $1,500,000. If the insurance amount lesser of 3 times your annual pay or $1 million.
■■ A dependent life insurance amount for your spouse
is not a multiple of $1,000, it is rounded to the next higher
multiple of $1,000. Optional life insurance amounts in
that exceeds $25,000.
excess of the lesser of 3 times pay or $1 million are
subject to evidence of insurability requirements. EOI is a statement of proof of an individual’s medical
history. (EOI forms are available by calling Employee
If your pay changes, your optional life insurance amount
Services.) ING uses this statement to determine
will automatically change on the first day of the month
acceptance for insurance. You are responsible for any
following your pay change if you are actively at work.
costs associated with EOI. For example, if a physician’s
Dependent Life Insurance statement or a physical examination is necessary, you
Dependent life insurance is available in the following would be required to pay any corresponding charges.
amounts:
The following table shows effective dates for optional life
■■ Spouse - increments of $25,000 up to a maximum of insurance and dependent life insurance for your spouse
$250,000. based on EOI requirements. The information in the table
■■ Children - $5,000, $10,000, $15,000, or $20,000 for assumes that you and your spouse are both newly eligible
each child. If you elect this coverage, all of your eligible for coverage under the plan.
children are covered.

Evidence of
Insurance Amount Insurability Effective Date of Insurance*
1, 2 or 3 x pay Not required The date you are first eligible for coverage
Optional life
insurance The date you are first eligible for coverage or the date ING approves coverage,
4, 5, 6, or 7 x pay Required
whichever is later
Dependent life $25,000 Not required The date your spouse is first eligible for coverage
insurance for The date your spouse is first eligible for coverage or the date ING approves
your spouse $50,000 - $250,000 Required
coverage, whichever is later
* Subject to timely enrollment, actively at work, and confinement for care requirements as summarized in the Eligibility and Enrollment section
of this handbook.
If insurance has previously been denied to you and/or your spouse, EOI may also be required for insurance increases
elected during an Open Enrollment period or as a result of a qualified status change. Please see Making Changes
During the Year for more information regarding permitted elections and change limitations.

76
life
Coverage During Total Disability When satisfactory proof of your total disability has been
Under certain circumstances, your basic and optional received, your premiums for life insurance will be waived
life insurance coverage may continue if you become effective on the date ING approves your disabled status
totally disabled while you are covered under the plan. The or six months from the date you are no longer in active
amount of coverage that may be continued is generally employment, whichever is later. As an additional benefit,
the amount that is in effect on the date immediately the premiums you have paid for your first six months
preceding the date you become totally disabled; however: of optional life insurance under this provision will be
■■ Any reduction due to age will continue to apply to basic reimbursed to you.
life insurance during your period of disability. Your life insurance will be continued under this provision
■■ Coverage will not be continued under this provision for without further premiums until the earliest of the following
any insurance amount you elect to port or convert, as dates:
summarized in Life Insurance Continuation Coverage. ■■ The date you are no longer disabled.
Basic Life Insurance ■■ The date you return to work.
Your basic life insurance may continue for up to six ■■ The date you refuse to have an examination by a
months as long as you remain totally disabled. physician chosen by ING or fail to provide satisfactory
If your insurance terminates, you may be able to apply for proof of continued disability.
conversion or portability as summarized in Life Insurance ■■ 90 days after the date ING mails you a request for
Continuation Coverage. additional proof of loss if ING has not received the
requested proof by that date.
Optional Life Insurance
If you become totally disabled before you attain age 60, ■■ The date you attain age 65.
you may continue your optional life insurance for up to six ■■ The date you begin receiving a benefit from a
months by paying your required contributions. retirement or pension plan.

For purposes of this provision, totally disabled means ■■ The date CMC classifies you as a retired employee.
the complete inability, as a result of injury or sickness, If your insurance terminates, you may be able to apply for
to perform the material and substantial duties of any conversion or portability as summarized in Life Insurance
occupation: Continuation Coverage. Waiver of Premium includes
■■ Any occupation refers to any occupation that you are Life Insurance and Accelerated Death Benefit. It does
or become reasonably fitted by training, education, not include AD&D Insurance or Dependent Life/AD&D
experience, age, physical and mental capacity. Insurance which were in effect at the time of disability.
■■ Material and substantial duties are responsibilities that Accelerated Death Benefit
are normally required to perform an occupation and If you develop a terminal condition while you are insured
cannot be reasonably eliminated or modified. under the plan, you may elect to receive an accelerated
You may be required to be examined, free of charge, by a death benefit. A terminal condition is a condition that is
physician chosen by ING. expected to result in death within 12 months and from
which there is no reasonable prospect of recovery.
Waiver of Premium Provision
If you are still disabled after six months, your life insurance The amount of the accelerated death benefit cannot
may be continued by ING without further premium (i.e., exceed 50% of your total basic and optional life insurance
premium waiver). To be eligible for premium waiver, you amounts, subject to a maximum benefit of $250,000. If
must submit proof that your total disability has continued your basic life insurance amount is scheduled to reduce
for six months. This proof must be received by ING based on age within 12 months following the date you
no later than one year following the date your active request accelerated death benefits, the benefit will be
employment terminates. Thereafter, you must submit based on the reduced amount.
proof of your continuing disability before the end of each
subsequent 12-month period.

77
life

Beneficiary Designation
The accelerated death benefit will reduce the benefit If you have not assigned your insurance, you may
payable at the time of death and may be taxable. Because designate a beneficiary by completing a beneficiary
tax laws relating to this type of benefit are complex, you designation form. Forms are available from Employee
are encouraged to consult your personal financial advisor Services. Any benefits payable under the plan for other
regarding the effect of this benefit on your beneficiary/ than your loss of life are payable to you.
estate.
You may change a previously designated beneficiary
by completing a new beneficiary designation form and
You are not eligible for accelerated death benefits if any of submitting it to the Company. (Your previous beneficiary’s
the following apply: consent is required only if you made your previous
■■ You are required by law to use this benefit to meet the designation irrevocable.) The change will become
claims of creditors. effective on the date you sign your form; however, the
■■ You are required by a government agency to use this change will not apply to actions taken or benefits paid by
benefit in order to apply for, receive, or continue a ING before your form is received.
government benefit or entitlement. Unless you specify otherwise in your beneficiary
■■ All or a part of your insurance must be paid to your designation:
children, spouse or former spouse as part of a divorce ■■ If two or more individuals are entitled to your benefits,
decree, separate maintenance agreement, or property they will be paid in equal shares.
settlement agreement.
■■ If a beneficiary dies before you die, his/her share will be
■■ You are married and live in a community property state, paid equally to any surviving beneficiaries.
unless your spouse submits a signed written consent
to ING. If benefits become payable to a minor or another person
■■ You have previously received an accelerated death
who is physically or mentally incapable of giving a valid
release for the payment, ING may pay up to $2,000 to a
benefit under this plan or any other group plan
party who appears to have assumed responsibility for the
sponsored by CMC.
care and support of that person. This good faith payment
Applying for an Accelerated Death Benefit will satisfy ING’s legal obligation to the extent of that
You must submit a completed claim form and the payment.
following proof of your terminal condition to ING:
If No Beneficiary Is Designated
■■ Certification by a physician that you are terminally ill, If you die without designating a beneficiary or if your
there is no reasonable prospect of recovery, and your beneficiary dies before you die, benefits may be paid to
life expectancy is less than 12 months. the executor or administrator of your estate. Alternatively,
■■ Evidence that supports the physician’s certification ING may choose to pay benefits to a surviving relative in
such as radiology or laboratory reports. the following order:
If you have named an irrevocable beneficiary or assigned ■■ Spouse
all or a portion of your insurance, you must also submit a ■■ Child
signed written consent from the beneficiary or assignee. ■■ Parent
ING may require you to be examined by a physician of its ■■ Estate
choice and at its expense.
Payment of benefits will release ING of all further liability
to the extent of the payment amount.

Assignment of Insurance
You may, if you wish, assign your insurance by submitting
the original or a certified copy of your assignment to ING.
If you assign your insurance, you will give up all your
rights of ownership to the assigned insurance, including
the right to designate/change a beneficiary, as long as
your assignment remains in force.

78
life
■■ You are not a full-time member of the armed forces of
Life Insurance any country.
Continuation The minimum and maximum insurance amounts available
Coverage for portability are:
Two methods are available for continuing life insurance ■■ Minimum - $10,000.
when your coverage under the plan terminates or your ■■ Maximum - the lesser of the amount of insurance that
benefits under the plan are reduced. Depending on the terminated under the plan or $500,000.
reason your coverage ends or reduces, you may have
the opportunity to apply for a conversion policy and/or The insurance amount is subject to any reductions due to
portability coverage. The following briefly describes the age that may be contained in the portability policy.
conversion and portability features of the plan. The portability policy will be the group term life insurance
Conversion that ING is offering for portability at the time you apply.
If coverage ends because your employment terminates Premium amounts will be based on your age, class of
or your benefits under the plan are reduced, you may risk, and amount of coverage.
apply for a conversion policy without providing evidence You must apply for portability and pay the first premium
of insurability. The maximum amount that you can within 31 days after the date your coverage ends. You
convert is the insurance amount that ended or was may not increase the amount of portability insurance you
reduced; however, you may elect to convert a lesser initially elect; however, you may decrease the insurance
insurance amount. (If coverage ends because the policy amount at any time.
is terminated or coverage is no longer available for
your employee class, the amount of insurance you may If you elect portability, you may also elect portability for
convert may be limited or not available at all.) your spouse if his/her coverage terminates when your
coverage terminates.
The conversion policy will be the type of life insurance
that ING is offering for conversion at the time you apply For more information or to request application forms for
and will not provide the same benefits as this plan. portability, contact Employee Services.
Premium amounts will be based on your age, class of
risk, and amount of coverage.

You must apply for conversion and pay the first premium
General Life
within 31 days following the date your coverage ends Insurance Provisions
or is reduced. If you die within the 31-day period during
Incontestability
which you were eligible to convert your insurance, the
ING will consider statements that you make to obtain
insurance amount that you were eligible to convert will be
coverage under the plan to be made to the best of your
paid to your beneficiary whether or not you applied for a
knowledge and belief. A statement will not be used to
conversion policy during that period.
deny or reduce benefits unless a copy of the document
In certain circumstances, your dependent may also be containing the statement has been provided to you, your
eligible for a conversion policy when his/her coverage representative, or beneficiary.
ends. Contact Employee Services for further information.
After an insurance amount or increased insurance
For more information or to request application forms for amount has been in effect for two years or more, a
conversion, contact Employee Services. statement made to obtain coverage will not be used to
deny or reduce benefits except in the event of fraud or
Portability eligibility for benefits.
You are eligible for portability if all of the following apply:
■■ Your coverage ends because you are no longer in Misstatement of Age
an eligible class or your employment terminates for a If ING determines that a covered person’s age has
reason other than retirement. (Portability is not available been misstated, insurance amounts will be adjusted
if your coverage ends because the policy terminates.) accordingly. Contribution amounts will not be refunded
for a period of more than twelve months prior to the date
■■ You are under age 70 and not disabled.
ING becomes aware of the misstatement.
■■ You are a citizen of the United States or Canada.

79
life

Workers’ Compensation Insurance Claim Review


The plan does not replace or affect any requirements for The claim and proof of loss will be reviewed upon
coverage under any workers’ compensation insurance receipt. During the review, ING may send notification that
law or similar law. additional information is needed. In addition, a physical
examination may be required at ING’s expense. (ING has
the right to examine any person for whom a claim is made
Life Insurance Claims as often as it determines to be reasonably necessary.)
Except where prohibited by law, an autopsy may be
Filing a Claim required in the event of death. Failure to cooperate
To file a claim, a completed claim form and proof of loss with ING’s request for additional information, physical
must be submitted to ING. Claim forms are available from examination, or autopsy may invalidate a claim.
Employee Services. Proof of loss is evidence in a form
Claim Review Periods
or format satisfactory to ING that supports the claim for
Claim review periods depend on the type of claim being
benefits and includes, but is not limited to, the following:
filed. ING will send notification of the claim decision within
■■ For death claims, a certified copy of the death the time periods summarized in the following table.
certificate.
■■ For other claims, a completed and signed attending Claim Review Periods
physician’s statement that includes diagnosis, chart Total Disability
Claims (Premium Other Claims
notes, lab findings, test results, x-rays, and/or other
Waiver)
forms of objective medical evidence in support of a
45 days following 90 days following
claim for benefits. Review period
receipt of the claim receipt of the claim
The completed claim form and proof of loss must be If an extension
submitted to ING within 30 days of the loss. If it is not is needed due to
Up to an additional Up to an additional
circumstances
possible to submit the documents within the 30-day 30 days 90 days
beyond ING’s
period, the claim will not be invalidated or reduced if it is control
shown that the documents were submitted as soon as If an additional
reasonably possible. However, the additional time allowed extension is
cannot exceed one year following the 30-day period needed due to Up to an additional
Not applicable
unless the claimant is legally incapacitated. circumstances 30 days
beyond ING’s
Failure to provide ING with a completed claim form, proof control
of loss, or any other requested information may invalidate
If an extension is necessary, ING will send written
the claim.
notification before the end of the current review period of
ING ReliaStar Life Insurance Company (ING) is the named the special circumstances that require an extension and
fiduciary for adjudicating claims for benefits under the plan the expected claim decision date. If the review period is
and for deciding any appeals of denied claims. extended due to failure to submit necessary information,
at least 45 days will be given to provide the information.
ING has the authority, in its discretion, to interpret the However, the review period will be further extended by
terms of the plan, to decide questions of eligibility for the number of days it takes to provide the information.
coverage or benefits under the plan, and to make any
related findings of fact. All decisions made by ING are final
and binding on participants and beneficiaries to the full
extent permitted by law.

80
life
Payment of Claims If the claim is for premium waiver during total disability,
Benefits become payable upon receipt of satisfactory the notice of denial will also include:
written proof of loss. Payment will be made to the ■■ If applicable, any internal rule, guideline, protocol, or
employee or, in the event of the employee’s death, in other similar criteria relied upon in making the adverse
accordance with the Beneficiary Designation provision. decision, or a statement that a rule, guideline, protocol,
Benefits are usually paid in a lump sum. However, you or other similar criteria was relied upon and that a copy
may elect in writing to have benefits paid through an will be provided free of charge upon request.
installment program offered by ING. (Your beneficiary ■■ If the adverse decision was based on a medical
will also have the option to elect an installment program necessity, experimental treatment, or similar exclusion or
if benefits become payable to him/her in the event of limit, an explanation of the scientific or clinical judgment
your death.) If you elect an installment program, you will for the adverse decision or a statement that the
need to designate how any remaining installments are to explanation will be provided free of charge upon request.
be paid in the event of death of the person receiving the
Claim Appeals
installments. The designation must be approved by ING.
A denied claim decision may be appealed by making
Recovery of Overpayment written request for appeal to ING within 60 days from
If an overpayment is made due to a circumstance such as the date the claim denial is received. If the request is not
fraud or a plan administration/claim processing error, ING made within that time period, the right to appeal is waived.
has the right to full reimbursement. An overpayment may
The claim appeal procedure allows the right to:
be recovered by methods such as the following:
■■ Submit written comments, documents, records, and
■■ Requesting a lump sum payment of the overpaid
other information relating to the claim for review by ING.
amount.
■■ Request, free of charge, reasonable access to and
■■ Reducing any amounts that later become payable
copies of all documents, records and other information
under the plan.
relevant to the claim.
■■ Taking any appropriate collection activity available
■■ A review that takes into account all comments,
including any legal action needed.
documents, records, and other information submitted
Denied Claims without regard to whether the information was
If the claim is denied, ING will send a notification of denial submitted or considered in the initial claim decision.
that includes the following information: If the claim is for premium waiver during total disability,
■■ The specific reasons for denial with reference to plan the claim appeal procedure also allows the right to:
provisions on which the denial is based. ■■ A review that does not consider the initial adverse
■■ A description of any additional material or information decision and which is conducted neither by the
necessary to complete the claim and an explanation of individual who made the adverse decision nor that
why that material or information is necessary. person’s subordinate.
■■ A description of the plan’s appeal procedures and time ■■ If the appeal involves an adverse decision based on
frames, including a statement of the claimant’s right to medical judgment, a review of the claim by a health
bring a civil action under ERISA following an adverse care professional who has appropriate training and
decision on appeal. experience in the field of medicine involved in the
medical judgment, and who was neither consulted
in connection with the adverse decision nor the
subordinate of that individual.
■■ The identification of medical or vocational experts, if
any, consulted in connection with the claim denial,
without regard to whether the advice was relied upon in
making the decision.

81
life

Appeal review periods depend on the type of claim being ■■ A statement describing any voluntary appeal
appealed. ING will send notification of the appeal decision procedures offered by the plan and the right to obtain
within the time periods summarized in the following table. information about the procedures, and a statement of
the claimant’s right to bring an action under ERISA.
Appeal Review Periods
Total Disability If the appeal is for a premium waiver during total disability
Claims (Premium Other Claims claim, the notice of denial will also include:
■■ If applicable, any internal rule, guideline, protocol, or
Waiver)
45 days following 60 days following other similar criteria relied upon in making the adverse
Review period
receipt of the claim receipt of the claim
decision, or a statement that a rule, guideline, protocol,
If an extension
is needed due to Up to an additional Up to an additional or other similar criteria was relied upon and that a copy
circumstances 45 days 60 days will be provided free of charge upon request.
beyond ING’s control ■■ If the adverse decision was based on a medical
If an extension is necessary, ING will send written necessity, experimental treatment, or similar exclusion
notification before the end of the initial review period of or limit, an explanation of the scientific or clinical
the special circumstances that require an extension and judgment for the adverse decision or a statement that
the expected claim decision date. If the review period is the explanation will be provided free of charge upon
extended due to failure to submit necessary information, request.
the review period will be further extended by the number
Legal Actions
of days it takes to provide the information.
Generally, legal action may not be taken against the
If the appeal is denied, ING will send written notification plan until the plan’s claim and appeal process has been
that includes the following information: completed. No legal action may be taken against the
■■ The specific reasons for denial with reference to plan plan:
provisions on which the denial is based. ■■ Until 60 days following the date proof of loss is
■■ A statement that the claimant is entitled to receive, provided to ING.
upon request and free of charge, reasonable access ■■ More than three years following the date proof of loss
to and copies of all documents, records, and other was required to be provided to ING.
information relevant to the claim.

82
Ad&D Insurance
Introduction
The CMC Accidental Death & Dismemberment (AD&D)
AD&D Benefits
Insurance Plan helps to protect you and your family Basic AD&D Insurance
against financial disaster in the event of a severe Your basic AD&D insurance amount is equal to two times
accidental injury or death. your annual pay (up to a maximum of $1,000,000). If the
insurance amount is not a multiple of $1,000, it is rounded

AD&D
This plan is insured by ING ReliaStar Life Insurance to the next higher multiple of $1,000. For example: If
Company (ING). When you need assistance or have specific your annual pay is $50,250, your basic AD&D insurance
questions regarding this plan, contact Employee Services. amount will be $101,000 ($100,500 rounded to the next
higher multiple of $1,000).
Refer to the glossary at the end of this handbook for If your pay changes, your basic AD&D insurance amount
definitions of key terms. will automatically change on the first day of the month
following your pay change if you are actively at work.
AD&D Insurance Plan Options
If you are eligible, basic AD&D insurance is provided Reduction of Basic AD&D Insurance Amount Due
by CMC at no cost to you. If you choose to enroll for to Age
additional coverage, you may elect optional AD&D Your basic AD&D insurance amount will be reduced
insurance as follows: automatically when you reach certain ages as follows:
■■ Employee only Reduction of Basic AD&D Insurance Amount
■■ Employee plus family Percentage of Pre-70
Covered Person’s Age
Insurance Amount
Your elections remain in effect for the entire calendar
70 - 74 65%
year. You generally cannot make changes until the next
75 - 79 45%
Open Enrollment period unless you experience a qualified
80 - 84 30%
status change, as summarized in the Eligibility and
85 and over 20%
Enrollment section of this handbook.
Reductions become effective on the dates you attain the
Enrollments are subject to the actively at work and specified ages regardless of whether you are actively at
confined for care requirements as summarized in the work or not on those dates. If you become insured or
Eligibility and Enrollment section of this handbook. your insurance amount increases on or after age 70, the
applicable reduction for your age will apply.

Optional AD&D Insurance


You may elect optional AD&D insurance amounts as shown in the following table. If you elect insurance for yourself,
you may also elect insurance for your eligible dependents. If you elect family coverage, your spouse and/or children’s
insurance amount is based on your eligible family members at the time of the loss, as shown below:

Optional AD&D Insurance Amounts


Insurance Amount Maximum Insurance Amount
Employee 1 to 10 times your annual pay, rounded to the next higher
$1,000,000
multiple of $1,000
Spouse If children are insured 50% of your insurance amount $250,000
If children are not insured 60% of your insurance amount $250,000
Children If spouse is insured 15% of your insurance amount $25,000
If spouse is not insured 25% of your insurance amount $25,000

Schedule of Benefits
The following table shows losses that are covered under the plan. Benefits are stated as a percentage of the covered
person’s insurance amount. When a covered loss is suffered while coverage is in effect, the applicable benefit shown
will be paid. Benefits are payable only if the loss results directly and independently of all other causes from a covered
accident and either:
■■ Death occurs within 365 days of the accident.
■■ Injury results in one or more of the covered losses within 365 days of the accident.

83
If a person suffers more than one covered loss as a result of the same accident, only the largest benefit amount will
be paid. For example, if a person suffers loss of a hand and quadriplegia, the quadriplegia benefit amount will apply. If
death occurs following payment of benefits for another loss suffered during the same accident, the loss of life benefit
will be reduced by that benefit amount.

Except as summarized in the Additional Benefits provision, no more than 100% of the covered person’s insurance
amount will be paid for all losses suffered from any one accident.
AD&D

Schedule of Benefits
Benefit Amount
(Shown as a percentage of the covered
Covered Loss person’s insurance amount)
Life
Both hands, both feet or sight of both eyes
One hand and one foot
One hand or one foot AND sight of one eye 100%
Speech and hearing in both ears
Quadriplegia
Coma (employee and covered spouse only)*
One hand or one foot, or sight of one eye
Paraplegia 50%
Hemiplegia
Speech or hearing in both ears
25%
Thumb and index finger of same hand
• Loss of a hand or foot means complete, permanent severance through or above the wrist or ankle joint.
• Loss of sight, speech, or hearing means total and permanent loss.
• Loss of a thumb and index finger means that the entire thumb and index finger are cut off at or above the joint closest to the wrist.
• Hemiplegia means total paralysis of one arm and one leg on the same side of the body; paraplegia means total paralysis of both legs;
quadriplegia means total paralysis of both arms and both legs. Paralysis means total loss of use of a limb. To be covered, a physician must
determine the loss of use to be permanent, complete, and irreversible.
• Coma or comatose means that you remain unresponsive to any stimuli and speechless for at least 30 days. The covered person must
become comatose within 31 days following the covered accident, remain comatose for at least 30 days, and be expected to remain
comatose as certified by a physician.
*Coma benefits are paid at 2% per month for up to 12 months to a total maximum of $24,000.

Exposure and Disappearance Burn Disfigurement Benefit


Benefits will also be payable if: If you suffer disfigurement from burns to at least 5% of
■■ A covered loss is suffered as a result of unavoidable your body due to a covered accident, the plan will play an
exposure to the elements following an accident. additional burn disfigurement benefit. The burn disfigurement

■■ The covered person’s body is not found within 365


benefit amount equals 10% of your full optional AD&D
benefit amount (up to a maximum of $30,000).
days after the disappearance, sinking or wrecking of a
public conveyance in which he/she was known to be a Common Carrier Benefit
fare-paying passenger. In this event, it will be assumed If you die as a result of a covered accident that occurs
that the covered person suffered loss of life. while riding as a fare-paying passenger on a public
conveyance, a common carrier benefit will be available. The
The benefit payable will be the amount that would
benefit amount is 50% of the covered person’s optional
otherwise be payable for the applicable covered loss.
AD&D insurance amount (up to a maximum of $50,000).
Additional Benefits Common Disaster Benefit
The benefits summarized below are paid in addition to
If the same covered accident or another covered accident
other plan benefits and are available only when a loss is
that occurs within the same 24-hour period results in your
otherwise covered under the plan.
death and the death of your covered spouse within 365
days of the respective accidents, a common accident
benefit will be available. The benefit increases your
spouse’s insurance amount up to 100% of your AD&D
insurance amount, provided the additional amount does
not exceed $50,000.

84
Elder Care Benefit Beneficiary Designation
If you die due to a covered accident while an If you have not assigned your insurance (as summarized
elderly relative is dependent on you for support and below), you may designate a beneficiary by completing
maintenance, the plan will play an additional elder care a beneficiary designation form. Forms are available from
benefit. The elder care benefit amount equals 5% of your Employee Services.
full optional AD&D benefit amount (up to a maximum of
You may change a previously designated beneficiary
$5,000).

AD&D
by completing a new beneficiary designation form and
HIV Accident Benefit submitting it to the Company. (Your previous beneficiary’s
The plan pays this benefit if you acquire the Human consent is required only if you made your previous
Immunodeficiency Virus (HIV) because of a covered designation irrevocable.) The change will become
accident which occurs while you are actively at work. All effective on the date you sign your form; however, the
of these conditions must be met: change will not apply to actions taken or benefits paid by
■■ You submit a Workers’ Compensation injury report to ING before your form is received.
CMC within 48 hours of the accident. Unless you specify otherwise in your beneficiary
■■ You submit an initial negative blood test for HIV to CMC designation:
within 48 hours of the accident. ■■ If two or more individuals are entitled to your benefits,
■■ You test positive for HIV within one year of the accident. they will be paid in equal shares.
All tests to determine the presence of HIV must be ■■ If a beneficiary dies before you die, his/her share will be
conducted by a licensed medical provider. paid equally to any surviving beneficiaries.

If you meet these conditions, the HIV accident benefit If benefits become payable to a minor or another person
amount will equal 20% of your full optional AD&D benefit who is physically or mentally incapable of giving a valid
amount (up to a maximum of $50,000). release for the payment, ING may pay up to $2,000 to a
party who appears to have assumed responsibility for the
Occupational Assault Benefit care and support of that person. This good faith payment
If you suffer a covered loss due to another person’s act will satisfy ING’s legal obligation to the extent of that
of violence while you are at work, an occupational assault payment.
benefit will be available. The occupational assault benefit
amount equals 100% of your full optional AD&D coverage If No Beneficiary Is Designated
amount (up to a maximum of $10,000). If you die without designating a beneficiary or if your
beneficiary dies before you die, benefits may be paid to
Safe Driver Benefit the executor or administrator of your estate. Alternatively,
If you or your covered spouse are killed due to an ING may choose to pay benefits to a surviving relative in
automobile accident and were wearing a properly the following order:
fastened safety belt when the accident occurred, an
■■ Spouse
additional benefit amount will be available.
■■ Child
An additional amount will be paid if you were also driving
■■ Parent
or riding in an automobile equipped with a factory-installed
airbag that operated properly upon impact. ■■ Estate

The safety belt only benefit amount is an additional 10% Payment of benefits will release ING of all further liability
of your full AD&D benefit amount (up to a maximum of to the extent of the payment amount.
$25,000).
Assignment of Insurance
The safety belt and airbag benefit amount is an additional You may, if you wish, assign your insurance by submitting
15% of your full AD&D benefit amount (up to a maximum of the original or a certified copy of your assignment to ING.
$40,000). If you assign your insurance, you will give up all your
rights of ownership to the assigned insurance, including
Transportation Benefit
the right to designate/change a beneficiary, as long as
If you die at least 75 miles from your primary residence
your assignment remains in force.
as a result of a covered accident, the plan will pay an
additional transportation benefit equal 2% of your full
optional AD&D benefit amount (up to a maximum of
$2,000).

85
Limitations and Exclusions Misstatement of Age
In addition to other limitations and exclusions under If ING determinates that a covered person’s age has
the plan, benefits will not be paid for any loss that is been misstated, insurance amounts will be adjusted
contributed to or caused by any of the following: accordingly. Contribution amounts will not be refunded
■■ War, declared or undeclared, or any act of war. for a period of more than twelve months prior to the date

■■ Intentionally self-inflicted injuries, while sane or insane.


ING becomes aware of the misstatement.
AD&D

■■ Suicide, or suicide attempt, while sane or insane. Workers’ Compensation Insurance


■■ Active participation in a riot.
The plan does not replace or affect any requirements for
coverage under any workers’ compensation insurance
■■ Committing or attempting to commit a felony or law or similar law.
misdemeanor.
■■ Disease, bodily or mental illness (or medical or surgical
treatment thereof).
AD&D Claims
■■ Infections, except septic infections of and through a
visible wound. Filing a Claim
■■ Controlled substances (as defined in Title II of the For purposes of filing claims and claim appeals, the term
Comprehensive Drug Abuse Prevention and Control “you” includes you, your dependent who is filing a claim,
Act of 1970 and all amendments) that are voluntarily an authorized representative who is filing a claim on your
taken, ingested or injected, unless as prescribed or or your dependent’s behalf, or your beneficiary.
administered by a physician.
■■ Serving full-time active duty in the armed forces of any
country or international authority. To file a claim, you must submit a completed claim form

■■ The presence of alcohol in the covered person’s blood


(available from Employee Services) and proof of loss.
Proof of loss is evidence in a form or format satisfactory
if the presence raises a presumption that the covered
to ING that supports the claim for benefits and includes,
person was under the influence of alcohol and the
but is not limited to, the following:
influence contributed to the cause of the accident. The
blood alcohol level is governed by the jurisdiction of the ■■ For death claims, a certified copy of the death
state in which the accident occurs. certificate.
■■ For other claims, a completed and signed attending
No benefit will be payable for any loss suffered as a result
physician’s statement that includes diagnosis, chart
of accidental injury during any period of incarceration.
notes, lab findings, test results, x-rays, and/or other
forms of objective medical evidence in support of a
claim for benefits.
General AD&D
Supplementary proof of loss requirements for certain
Provisions benefits under the plan (such as child care and
Incontestability repatriation benefits) are summarized in the Additional
ING will consider statements that you make to obtain Benefits provision.
coverage under the plan to be made to the best of your Your completed claim form and proof of loss must be
knowledge and belief. A statement will not be used to submitted to ING within 30 days of the loss. If it is not
deny or reduce benefits unless a copy of the document possible to submit the documents within the 30-day
containing the statement has been provided to you, your period, the claim will not be invalidated or reduced if it is
representative, or beneficiary. shown that the documents were submitted as soon as
After an insurance amount or increased insurance reasonably possible. However, the additional time allowed
amount has been in effect for two years or more, a cannot exceed one year following the 30-day period
statement made to obtain coverage will not be used to unless you are legally incapacitated.
deny or reduce benefits except in the event of fraud or Failure to provide ING with a completed claim form, proof
eligibility for benefits. of loss, or any other requested information may invalidate
your claim.

86
Recovery of Overpayment
ING ReliaStar Life Insurance Company (ING) is the named If an overpayment is made due to a circumstance such as
fiduciary for adjudicating claims for benefits under the plan fraud or a plan administration/claim processing error, ING
and for deciding any appeals of denied claims. has the right to full reimbursement. An overpayment may
ING has the authority, in its discretion, to interpret the be recovered by methods such as the following:
■■ Requesting a lump sum payment of the overpaid
terms of the plan, to decide questions of eligibility for
coverage or benefits under the plan, and to make any

AD&D
amount.
related findings of fact. All decisions made by ING are final
and binding on participants and beneficiaries to the full ■■ Reducing any amounts that later become payable
extent permitted by law. under the plan.
■■ Taking any appropriate collection activity available
including any legal action needed.
Claim Review
Your claim and proof of loss will be reviewed upon Denied Claims
receipt. During the review, you may be notified that If your claim is denied, you will receive a notice of denial
additional information is needed. In addition, a physical that includes the following information:
examination may be required at ING’s expense. (ING has ■■ The specific reasons for denial with reference to plan
the right to examine any person for whom a claim is made provisions on which the denial is based.
as often as it determines to be reasonably necessary.) ■■ A description of any additional material or information
Except where prohibited by law, an autopsy may be necessary to complete your claim and an explanation
required in the event of death. Failure to cooperate of why that material or information is necessary.
with ING’s request for additional information, physical
■■ A description of the plan’s appeal procedures and time
examination, or autopsy may invalidate a claim.
frames, including a statement of your right to bring a
Generally, you will be notified of the claim decision civil action under ERISA following an adverse decision
within 90 days of receipt of your claim. However, the on appeal.
review period may be extended by 90 days if it is
Claim Appeals
determined to be necessary due to circumstances
You have the right to appeal the decision by making a
beyond ING’s control. In this event, you will be notified
written request for appeal to ING within 60 days from the
in writing before the end of the initial 90-day period of
date you receive the claim denial. If you do not make the
the special circumstances that require an extension and
request within that time period, you will have waived your
the expected claim decision date. If the review period
right to appeal.
is extended due to your failure to submit necessary
information, the review period will be further extended The claim appeal procedure allows you the right to:
by the number of days it takes you to provide the ■■ Submit written comments, documents, records, and
information. other information relating to the claim for review by ING.
Payment of Claims ■■ Request, free of charge, reasonable access to and
Benefits become payable upon receipt of satisfactory copies of all documents, records and other information
written proof of loss, including any supplementary proof relevant to your claim.
of loss required as summarized in the Additional Benefits ■■ A review that takes into account all comments,
provision. Payment will be made to the employee or, in documents, records, and other information submitted
the event of the employee’s death, in accordance with the by you without regard to whether the information was
Beneficiary Designation provision. submitted or considered in the initial claim decision.
Benefits are usually paid in a lump sum. However, you
may elect in writing to have benefits paid through an
installment program offered by ING. (Your beneficiary
will also have the option to elect an installment program
if benefits become payable to him/her in the event of
your death.) If you elect an installment program, you will
need to designate how any remaining installments are to
be paid in the event of death of the person receiving the
installments. The designation must be approved by ING.

87
ING will review your appeal within 60 days after receipt Legal Actions
of your properly filed request for appeal. However, the Generally, you may not take legal action against the plan
review period may be extended for an additional 60- until you have completed the plan’s claim and appeal
day period if it is determined to be necessary due to process. No legal action may be taken against the plan:
circumstances beyond ING’s control. In this event, you ■■ Until 60 days following the date you provide proof of
will be notified in writing before the end of the initial 60- loss to ING.
day period of the special circumstances that require an
AD&D

■■ More than three years following the date you were


extension and the expected claim decision date. If the
required to provide proof of loss to ING.
review period is extended due to your failure to submit
necessary information, the review period will be further
extended by the number of days it takes you to provide
the information.

If your appeal is denied, you will receive written notice


that includes the following information:
■■ The specific reasons for denial with reference to plan
provisions on which the denial is based.
■■ A statement that you are entitled to receive, upon
request and free of charge, reasonable access to and
copies of all documents, records, and other information
relevant to your claim.
■■ A statement describing any voluntary appeal
procedures offered by the plan and your right to obtain
information about the procedures, and a statement of
your right to bring an action under ERISA.

88
Business Travel Accident
Introduction Business Travel
The CMC Business Travel Accident (BTA) Insurance Plan BTA insurance provides coverage while you are on
helps to protect you and your family against financial business trips that are:
disaster in the event of severe accidental injury or death ■■ Requested, authorized or consented to by CMC for the
while you are traveling on Company business. purpose of furthering Company business, and
■■ Paid for by CMC.
This plan is insured by Metropolitan Life Insurance
Company (MetLife). When you need assistance or have Business travel begins when you leave your residence,
specific questions regarding this plan, contact Employee regular place of employment, or other location (whichever
Services. occurs last) for the purpose of traveling to the business
trip destination and ends when you return to your
residence or regular place of employment (whichever
Refer to the glossary at the end of this handbook for
occurs earlier) following the trip.
definitions of key terms.

Business travel
Business travel does not include:

accident
■■ Travel between your residence and regular place of
BTA Benefits employment.
■■ Travel to another location where you are expected to be
Amount of Insurance
assigned for more than 30 days or a location that CMC
Your BTA insurance amount is equal to two times your
deems to be your new regular work location.
annual pay. (If the insurance amount is not a multiple
of $1,000, it is rounded to the next higher multiple of ■■ Regular driving assignments if you are employed by
$1,000.) Your insurance amount is subject to: CMC as a truck driver, delivery person, chauffeur, or
■■ A minimum insurance amount of $250,000
other commercial driver.
■■ Leaves of absence or vacations.
■■ A maximum insurance amount of $1,000,000
■■ Personal travel or activity that is not reasonably related
■■ An aggregate limit of $5,000,000
to or incidental to a business trip and is not paid for by
Aggregate Limit CMC.
The aggregate limit of $5,000,000 is the maximum
amount the plan will pay for all losses incurred as the
result of any single covered accident or any series or
combination of covered accidents directly arising out of
one or more associated events. Events are associated
if they have a common cause or are a chain of events
forming part of a larger or broader event even if the
individual events themselves are separate in time and
place.

When the aggregate limit applies, benefits for each


covered person are reduced in the same proportion so
that the total amount the plan pays does not exceed the
$5,000,000 limit.

For example, if a single accident or a series or


combination of accidents result in the death of eight
employees who each have the maximum BTA insurance
amount ($1,000,000), the benefit payable for each death
would be reduced from $1,000,000 to $625,000 (8 x
$625,000 = $5,000,000.)

89
Covered Losses
Benefits are payable only if a covered accident is the direct and sole cause of your loss and the loss occurs within 12
months of an accident that occurs while you are traveling on a business trip. The following table shows losses that are
covered under the plan. Benefit amounts are stated as a percentage of your insurance amount. When a covered loss is
suffered while coverage is in effect, the applicable benefit shown will be paid.

Schedule of Benefits
Benefit Amount
Covered Loss
(Shown as a percentage of your BTA insurance amount)
Life
One hand and one foot
Speech and hearing 100%
Either hand or foot and sight in both eyes
Paralysis of both arms and both legs
Business travel

One hand or one foot


Sight in one eye
accident

Four fingers of same hand


50%
Speech or hearing
Paralysis of both legs
Paralysis of arm and leg on either side of the body
Thumb and index finger of same hand
25%
Paralysis of one arm or leg
• Loss of a hand means permanent severance at or above the wrist.
• Loss of a foot means permanent severance at or above the ankle.
• Loss of sight means permanent and uncorrectable loss of sight. Visual acuity must be 20/200 or worse in the eye or the field of vision must
be less than 20 degrees.
• Loss of hearing means a loss of hearing continuing for 6 consecutive months after which a physician determines the loss to be entire and
irrecoverable.
• Loss of speech means a loss of speech continuing for 6 consecutive months after which a physician determines the loss to be entire and
irrecoverable.
• Loss of thumb and index finger of the same hand means that the thumb and index finger are permanently severed through or above the third
joint from the tip of the index finger and the second joint from the tip of the thumb.
• Paralysis means the complete loss of use of a limb that has not been severed. A physician must determine the loss of use to be permanent
and irreversible.
If you suffer more than one covered loss as a result of the same accident, only the largest benefit amount will be paid.
For example, if you suffer loss of a hand as well as loss of speech and hearing, the loss of speech and hearing benefit
amount will apply. If death occurs following payment of benefits for another loss suffered during the same accident,
the loss of life benefit will be reduced by that benefit amount. Except as summarized in the Additional Seat Belt and Air
Bag Benefits provision, no more than 100% of your insurance amount will be paid for all losses suffered from any one
accident.

Exposure and Disappearance


Exposure and disappearance coverage provides benefits for covered losses suffered as a result of:
■■ Unavoidable exposure to the elements if the exposure is a direct result of a covered accident and independent of
other causes.
■■ An aircraft or other vehicle in which you were traveling on business disappearing, sinking, or being wrecked if your
body is not found within one year following the date:
• The aircraft or other vehicle was scheduled to have arrived at its destination if you were traveling in an aircraft or
other vehicle operated by a common carrier, or
• You are reported missing to the authorities if traveling in any other aircraft or vehicle.
• In this event, it will be assumed that you suffered loss of life.

Benefits payable are as shown in the Schedule of Benefits for the applicable covered loss.

90
Terrorist Act The additional benefit for seat belt use is equal to 10% of
Terrorist act coverage provides benefits for losses that your insurance amount subject to a minimum benefit of
are otherwise covered under the plan and are incurred $1,000 and a maximum benefit of $25,000.
as a direct result of a terrorist act. Benefits payable are
If a seat belt benefit is payable and the proper
as shown in the Schedule of Benefits for the applicable
deployment of an air bag for the seat you occupied is
covered loss.
verified in the police officer’s certification, an additional air
Terrorist act coverage does not apply if you are traveling bag benefit will be payable. This benefit is equal to 10%
to, from, or within the following countries: Afghanistan, of your insurance amount subject to a minimum benefit of
Algeria, Burundi, Chad, Chechnya, Colombia, Cote d’ $1,000 and a maximum benefit of $10,000.
Ivoire, Democratic Republic of the Congo, Georgia,
Guinea, Haiti, Indonesia, Iran, Iraq, Israel, Lebanon,
Beneficiary Designation
You may designate a beneficiary by completing a
Liberia, North Korea, Pakistan, Saudi Arabia, Somalia, Sri
beneficiary designation form, which is available on from
Lanka, Sudan, Syria and Tajikistan.

Business travel
Employee Services. (You may not assign your insurance
War Risk under this plan.) Any benefits payable under the plan for

accident
War risk coverage provides benefits for losses that are other than loss of life are payable to you.
otherwise covered under the plan and are incurred as
If you designate two or more beneficiaries and do not
a direct result of war, whether declared or undeclared,
specify otherwise, they will share benefits equally. If
or an act of war. Benefits payable are as shown in the
benefits become payable to a minor or another person
Schedule of Benefits for the applicable covered loss.
that is not legally competent, benefits may be paid to that
War risk coverage does not apply to war or acts of war person’s guardian.
occurring in:
You may change a previously designated beneficiary
■■ Afghanistan, Algeria, Burundi, Chad, Chechnya, by completing a new beneficiary designation form and
Colombia, Cote d’ Ivoire, Democratic Republic of the submitting it to Employee Services. (Your previous
Congo, Georgia, Guinea, Haiti, Indonesia, Iran, Iraq, beneficiary’s consent is not required.) The change
Israel, Lebanon, Liberia, North Korea, Pakistan, Saudi will become effective on the date you sign your form;
Arabia, Somalia, Sri Lanka, Sudan, Syria or Tajikistan. however, the change will not take effect if the form is
■■ The United States, its territories and possessions. received after your death or more than 30 days following
■■ Your country of residence. the date you sign the form. The change will not apply to
any benefits paid by MetLife before your form is received.
Additional Seat Belt
and Air Bag Benefits If No Beneficiary Is Designated
If you die as a result of an accidental injury sustained in If you die without designating a beneficiary or if your
a covered accident, an additional seat belt benefit will be beneficiary dies before you die, MetLife may determine
available if: the beneficiary to be one or more of the following who
survive you:
■■ Benefits become payable under the plan for your loss
of life, and ■■ Legal spouse

■■ MetLife receives proof that you: ■■ Children


• Were in an accident while driving or riding as a ■■ Parents
passenger in a land vehicle, ■■ Siblings
• Were wearing a seat belt that was properly fastened
at the time of the accident, and Alternatively, MetLife may choose to pay your estate. Any
• Died as a result of injuries sustained in the accident. payment made in good faith will satisfy MetLife’s payment
of benefits to the extent of that payment amount.
A police officer investigating the accident must certify that
the seat belt was properly fastened and a copy of that
certification must be submitted to MetLife with the claim
for benefits.

91
Limitations and Exclusions ■■ War, whether declared or undeclared, or act of war,
In addition to other limitations and exclusions, benefits will insurrection, rebellion, riot, or terrorist act except as
not be paid for any loss caused or contributed to by: provided in the Terrorist Act and War Risk provisions.
■■ Physical or mental illness or infirmity, or the diagnosis ■■ Your intoxication at the time of the incident if you are
or treatment of that illness or infirmity. the operator of a vehicle or other device involved in the
■■ Suicide or attempted suicide. incident.

■■ Intentionally self-inflicted injury. ■■ Your commission of or attempt to commit a felony.

■■ Infection, other than infection occurring in an external ■■ Your voluntary intake or use by any means of:
accidental wound or from accidental food poisoning. • Any drug, medication or sedative unless it is taken
or used as prescribed by a physician or any over-
■■ Participation in hazardous activities such as scuba
the-counter drug, medication or sedative unless it is
diving, bungee jumping, skydiving, hang gliding,
taken as directed.
ballooning, drag racing, driving a car fitted for
Business travel

• Alcohol in combination with any drug, medication,


competitive racing, aerial hunting, aerial skiing, or
or sedative.
accident

travel in an aircraft for the purpose of parachuting or


• Poison, gas, or fumes.
otherwise exiting an aircraft while the aircraft is in flight
except for the purpose of self-preservation.
■■ Service in the armed forces of any country or
international authority, except the United States
BTA Claims
National Guard. Filing a Claim
■■ Any nuclear reaction or release of nuclear energy.
For purposes of filing claims and claim appeals, the term
This includes the radioactive, toxic, explosive or other
“you” includes you, an authorized representative who is
hazardous or contaminating properties of radioactive
filing a claim on your behalf, or your beneficiary.
matter.
■■ The emission, discharge, dispersal, release or escape
You may obtain a claim form from Employee Services.
of any solid, liquid or gaseous chemical or biological
Instructions for completing and submitting the claim form
agent.
are indicated on the form. When you file a claim, you
■■ Any incident related to travel in an aircraft: must also submit proof of loss, which is written evidence
• As a pilot, crew member, flight student, or while satisfactory to MetLife that you have met the conditions
acting in any capacity other than as a passenger. and requirements for benefits under the plan. Proof of
• That does not have a valid certificate of loss must be provided at your expense and establish:
airworthiness.
■■ The nature and extent of the loss or condition,
• That is not flown by a pilot with a valid license to
operate that aircraft. ■■ The plan’s obligation to pay the claim, and
• That is owned, leased, controlled or chartered by ■■ Your right to receive payment.
CMC.
Submit your claim form and proof of loss within 90
• Or device used by or for any military authority.
days following the date of the loss. If it is not possible
• Or device used for testing or experimental purposes;
to submit the documents within the 90-day period, the
travel or designed for travel beyond the earth’s
claim will not be invalidated or reduced if it is shown that
atmosphere; crop dusting, spraying, or seeding; fire
the documents were submitted as soon as reasonably
fighting; sky diving; hang gliding; pipeline or power
possible. However, the additional time allowed cannot
line inspection; sky writing; aerial photography
exceed one year following the date of the loss except in
or exploration; racing, endurance tests, stunt or
the case of legal incapacity.
acrobatic flying; or any use that requires a special
permit from the Federal Aviation Administration.

92
Denied Claims
Metropolitan Life Insurance Company (MetLife) is the If your claim is denied, you will receive written notice from
named fiduciary for adjudicating claims for benefits under MetLife that includes the following information:
the plan and for deciding any appeals of denied claims.
■■ The specific reasons for denial with reference to the
MetLife has the authority, in its discretion, to interpret
plan provisions on which the denial is based.
the terms of the plan, to decide questions of eligibility
for coverage or benefits under the plan, and to make any ■■ A description of any additional information necessary
related findings of fact. All decisions made by MetLife are for your claim to be reconsidered and the reason this
final and binding on participants and beneficiaries to the information is necessary.
full extent permitted by law. ■■ An explanation of the review procedure.

Claim Appeal Procedure


Claim Review If your claim is denied, you may appeal MetLife’s decision.
MetLife will review your claim to determine whether or The claim appeal procedure allows you the right to:

Business travel
not benefits are payable within 60 days of receiving ■■ Submit a written request for review within 60 days from

accident
satisfactory proof of loss. the date you receive the claim denial.
During the claim review, MetLife may require that you ■■ Review applicable documents.
be examined by one or more physicians as often as ■■ Submit issues and comments in writing.
is reasonably necessary to process the claim. MetLife
MetLife will review your appeal within 60 days after
chooses the physicians and pays for the examinations. In
receipt of your properly filed request for appeal. However,
the event of death, an autopsy may be requested where
the review period may be extended for an additional
permitted by law.
60-day period under special circumstances such as the
Payment of Claims need to hold a hearing.
If the claim is approved, benefits are generally paid in a
If your appeal is denied, you will receive written notice
lump sum; however, different payment options may be
that includes the specific reasons for denial with
requested by calling MetLife.
reference to plan provisions on which the denial is based.
Payment will be made to you or, in the event of your
Legal Actions
death, in accordance with the Beneficiary Designation
A legal action on a claim may be brought against the
provision. If an overpayment is made, you/your
plan only during a certain period. This period begins 60
beneficiary will be required to reimburse MetLife.
days after the date proof of loss is submitted and ends
three years after the date proof of loss was required to be
submitted.

93
Health Care Fsa
Introduction • Use your health care card to pay for eligible
Many of us have health care expenses that are not fully purchases from providers and merchants who
covered under a benefit plan or reimbursed by any other accept the card (you must submit receipts to the
source. The CMC Health Care Flexible Spending Account claim administrator for certain health care card
(FSA) Plan provides a way for you to pay some of these transactions).
expenses on a pretax basis. • Use the Pay My Provider feature of the plan,
which is similar to an online bill paying service.
The plan is administered by WageWorks (the claim You request direct payment to your provider via
administrator). When you need assistance or have www.wageworks.com
specific questions regarding this plan, contact the claim • Submit traditional claim forms and receipts/
administrator at 1-877-924-3967 or www.wageworks.com. statements to the claim administrator. You will
need to use this process for services or supplies
purchased from any provider or merchant that
Refer to the glossary at the end of this handbook for cannot accept your health care card.
definitions of key terms. ■■ You should keep copies of your itemized receipts/
statements for each purchase whether you use your
health care card, the Pay My Provider feature, or file
Health Care FSA traditional claims. You may need these documents to

Benefits satisfy requirements established by the plan and/or the


IRS.
Participating in the Health Care FSA ■■ You must submit all claims for reimbursement of
The plan allows you to make contributions on a pretax expenses incurred during a calendar year by March 31
health care fsa

basis to pay for eligible health care expenses that are of the following year.
not fully covered under a benefit plan or reimbursed by ■■ Any unclaimed balance in your account after March 31
any other source. You are reimbursed from your account of the following calendar year is forfeited.
as you incur eligible out-of-pocket health care expenses
such as medical and dental deductibles and copays. You must make a Health Care FSA enrollment election
Your contributions are deducted from your pay before each year during the Open Enrollment period if you wish
federal income taxes, Social Security taxes, and in most to participate in the plan during the following calendar
states, before state income taxes are withheld. year - participation is not automatically renewed. If you
are currently a plan participant and you do not elect to
When you elect to participate in the Health Care FSA: participate in the plan during an Open Enrollment period,
■■ You elect how much to contribute to the plan and your your participation will end on the December 31 following
contributions are deducted from your pay on a pretax that Open Enrollment period.
basis.
■■ You have access to the total annual contribution
amount you elect as soon as you incur eligible Contributions
expenses. Keep in mind that expenses are not You may elect to contribute between $120 and $2,500
eligible if they are incurred before your participation to the Health Care FSA each calendar year. However
begins or after your participation ends (e.g., if your if you are a Highly Compensated Employee (HCE) as
participation begins on April 1, expenses incurred on determined by the IRS, there may be situations where the
or before March 31 are not eligible). This also applies Company is required to reduce your contributions. If your
to expenses incurred by a dependent during any enrollment occurs at any time other than January 1, your
period in which he/she does not qualify as your eligible annual contribution will be prorated accordingly.
dependent.
■■ A health care card (similar to a debit card) will be
sent to you. This card allows you to pay many eligible
expenses directly from your account and eliminates
claim processing time.
■■ As you incur eligible health care expenses during the
year, you can:

94
Your contributions are withheld from your pay and are Potential Disadvantages of
subject to the minimum and maximum payroll deduction Participating in the Health Care FSA
amounts shown below. Use It or Lose It The Internal Revenue Code requires that
Rule you forfeit any contribution amount that you
Minimum Maximum do not use for expenses incurred during the
Pay Cycle ($120 per year) ($2,500 per year) same calendar year. Any balance remaining
Weekly* $2.50 $52.08 in your account at the end of the year cannot
Biweekly** $5.00 $104.16 be refunded to you or carried over to the next
calendar year. Forfeited amounts are used to
* Contributions are withheld from your first four pay checks each
help pay administrative costs under the plan.
month.
** Contributions are withheld from your first two pay checks each Irrevocable The amount you elect to contribute is
month. Elections irrevocable for the entire calendar year. You
cannot change your election unless you
Your contribution amount may be reduced as follows: experience a qualified status change as
■■ Your maximum contribution amount will be prorated if
summarized in the Eligibility and Enrollment
section of this handbook.
you are newly eligible and begin participation at a time
Effect on Social Pretax contributions reduce the amount of
other than the beginning of a calendar year. Security your earnings that are reported for Social
■■ The Company may reduce your contribution amount if Security purposes. Therefore, if you earn
the plan fails one of several IRS benefit limitation tests. less than the Social Security wage base or
if pretax contributions reduce your earnings
You will be advised if this occurs. below the Social Security wage base, your
Before you make your election, consider the plan Social Security withholding will be reduced.
Because Social Security benefits are based
advantages, disadvantages, eligible and ineligible on your career earnings history, this reduced
expenses, and other Health Care FSA information. Also

health care fsa


withholding could decrease any Social
contact your tax advisor or the IRS to discuss how your Security benefits you may receive.
contribution amount (if any) will affect your personal tax Effect on Other Pretax contributions may affect other statutory
situation. Statutory Benefits benefits (such as unemployment insurance,
workers’ compensation, and state disability
Advantages and Disadvantages of insurance) for the same reasons that they
Participation affect Social Security benefits. Because
statutory benefits are also based on taxable
Participating in the Health Care FSA saves you money
earnings, benefits for which you may become
by reducing your income taxes. Since your contributions eligible could be reduced as a result of pretax
are deducted from your pay on a pretax basis – before contributions to the Health Care FSA.
federal, state, and Social Security (FICA) taxes are Loss of Income The IRS does not allow you to take a tax
calculated and withheld – you can expect to see tax Tax Deductions deduction for expenses reimbursed through
savings in your paycheck. For example, if you earn the plan. (Under current tax laws, tax
deductions for medical expenses are available
$3,000 a month and contribute $500 to the Health Care
for eligible expenses that exceed 7.5% of your
FSA, you will pay taxes on $2,500 per month. Your actual adjusted gross income.) You should consult
savings will depend on your personal tax situation. with your tax advisor to determine whether
participating in the Health Care FSA or taking
In exchange for the tax advantages provided under a tax deduction is best for your personal
the Health Care FSA, the IRS imposes significant situation.
restrictions. It is important that you carefully read all of No Guarantee There is no guarantee that any amounts
the plan information before you decide whether or not to of Tax reimbursed under the Health Care FSA will
participate. You are also encouraged to contact your tax Consequences be excludable from your income taxes. For
advisor or the IRS to discuss how participation will affect example, if the IRS audits your tax return,
you may be required to show that expenses
your specific tax situation. reimbursed through the plan meet the
Potential disadvantages of participating in the Health Care applicable tax requirements. Reimbursement
does not guarantee that Health Care FSA
FSA are summarized in the following table. payments will not be declared taxable
by the IRS at some time in the future. If
reimbursements are subject to taxation,
including any reimbursements paid in error,
you will be liable for any taxes or penalties.

95
Other items to consider before you enroll in the plan are: ■■ Subject to certain exceptions, qualify as allowable tax
■■ Only expenses that are incurred while you are deductions under federal income tax rules.
participating in the plan are eligible for reimbursement. Generally, the IRC defines medical care as the diagnosis,
This means that amounts you contribute to the Health treatment or prevention of a specific medical condition
Care FSA during a calendar year may be used only to or for purposes of affecting a function or structure of the
reimburse expenses incurred: body.
• After your participation begins, and
• Before that calendar year ends or before your Not every health related expense will qualify as an
participation ends if that occurs earlier. expense for medical care. For example, an expense

■■ You cannot transfer money from one flexible spending


is not for medical care if it is merely beneficial to the
health of you or your eligible dependents (e.g., vitamins
account to another. If you are also participating in the
or nutritional supplements that are not taken to treat a
Dependent Day Care Flexible Spending Account Plan,
specific medical condition) or for cosmetic purposes,
you cannot transfer money between the two plans.
unless necessary to correct a deformity resulting from
Your health care FSA contributions will apply only to
illness, injury, or birth defect. You may be required to
eligible Health Care expenses and may not be used to
provide additional documentation from a health care
reimburse dependent day care expenses.
provider showing that you have a medical condition and/
■■ Some individuals experience cash flow concerns or the particular item is necessary to treat a medical
when participating in the plan. Although many eligible condition. Expenses for cosmetic purposes are also not
expenses can be paid directly from your account reimbursable unless they are necessary to correct an
with the health care card or by paying your providers abnormality caused by illness, injury, or birth defect.
through the Pay My Provider feature of the plan, there
In addition, certain expenses that might otherwise
health care fsa

will be occasions when you need to make out-of-


pocket payments for health care expenses at the same be considered medical care under the IRC are not
time Health Care FSA contributions are being deducted reimbursable under any Health Care FSA-type plan (per
from your pay. When you use the traditional claim IRS regulations):
process, reimbursement requires a reasonable period ■■ Health insurance premiums,
of time for claim processing. ■■ Expenses incurred for qualified long-term care
If you decide to enroll in the plan, estimate your eligible services, and
expenses carefully and elect to contribute only the ■■ Any other expenses that are specifically excluded
amount that you are confident you will spend during the under a plan.
calendar year to avoid forfeiture of your contributions. If
Only expenses that are incurred after your participation
you are unsure if an expense will be eligible, contact the
in the Health Care FSA begins and in the same calendar
claim administrator for clarification before you make your
year in which you make contributions are eligible
contribution election.
for reimbursement. (Expenses incurred after your
Effect of Contributions on Other participation in the plan terminates are not eligible for
Company Benefits reimbursement.) Expenses are considered incurred on
Your Health Care FSA contributions will not affect any the day the service is provided, regardless of when you
Company benefits that are based on pay, such as life are billed or pay for the service.
and disability insurance. These benefits will continue to Eligible expenses include the following:
be based on your salary before pretax contributions are
■■ Health care expenses that are not payable by medical,
deducted.
dental, vision, mental health, or prescription drug plans
Eligible Expenses under which you/your dependents are covered. These
Eligible expenses are health care expenses that: include expenses such as deductibles and copay
■■ Are incurred for medical care, as defined by Internal amounts.
Revenue Code (IRC) Section 213(d), ■■ Health care expenses you must pay before you reach
■■ Are incurred by you or an individual who qualifies as out-of-pocket limits under a plan.
your dependent for federal income tax purposes during ■■ Health care expenses that are not covered under a
the period you participate in the plan, plan.
■■ Have not been reimbursed by any other source and ■■ Amounts over a plan’s annual maximum or lifetime
will not be submitted for reimbursement by any other maximum as well as amounts above reasonable and
source, and customary charges.

96
Eligible Expense Examples ■■ Therapy treatment such as acupuncture and
Following are some common eligible health care expenses. electrolysis if medically necessary and performed by a
For more information about eligible and ineligible health licensed technician.
care expenses, refer to IRS Publication 502, Medical and ■■ Transportation amounts paid primarily for, and essential
Dental Expenses or contact the claim administrator. to, medical care.
■■ Vision care such as eye exams, eyeglasses, contact
Although IRS Publication 502 is a good resource, not all of
lenses/lens solution, and LASIK, radial keratotomy, or
the expenses included in the publication are reimbursable
other surgical treatment of the eye.
under the Health Care FSA. You are encouraged to contact
the claim administrator to determine whether a particular ■■ Weight-loss programs only if prescribed by a doctor
expense will be reimbursable before you incur the expense. to treat a specific medical condition such as heart
disease.
Examples of eligible expenses include: ■■ Certain over-the-counter drugs that are used to treat
■■ Out-of-pocket medical and dental expenses such as medical conditions (as summarized below).
deductibles, coinsurance, and copay amounts under Special Rules for Over-the-Counter Drugs
an insurance policy or health care plan. Special rules apply regarding eligibility for over-the-
■■ Charges in excess of reasonable and customary limits counter (OTC) drug purchases, which require a doctor’s
or annual maximum benefits under an insurance policy prescription in most cases. Eligibility is based on the
or health care plan. reason the drug is being used as follows:
■■ Certain infertility treatments. Over-the-Counter Drugs
■■ Dental services and supplies including bridges, Medical Use Expenses for these drugs are generally eligible

health care fsa


crowns, orthodontics, and dentures. because they are used primarily to treat a medical
condition. Examples include allergy medicines,
■■ Donor’s organ transplant expenses. antacids, antibiotic creams, hydrocortisone
■■ Fees such as those for ambulance services, creams, pain relievers, cold medicines, and diaper
rash ointments.
diagnostics, doctor and surgical services.
Dual Purpose These drugs serve multiple purposes. Expenses
■■ Medical equipment and supplies such as artificial Use are eligible only if they are being used to treat a
limbs, braces, crutches, splints, orthopedic shoes, medical condition as documented by a note from
oxygen equipment, and wheelchairs. the health care provider that states the medical
■■ Physicals including routine, preventive, school, and
diagnosis and recommendation for use of the OTC
drug. Examples include medicated shampoos,
work physicals. nasal sprays, Retin-A, glucosamine/chondroitin,
■■ Prescription drugs such as insulin, vitamins that are dietary or herbal supplements, weight-loss
supplements, vitamins and fiber supplements.
available only by prescription to treat a specific medical
Personal Use Expenses for these drugs are not eligible because
condition, and other legally prescribed drugs.
they do not treat a medical condition and are
■■ Private nursing services. instead used to benefit one’s general health and
■■ Psychiatric care such as alcohol/substance abuse
well-being. Examples include cosmetics, denture
care items, toothpaste, toothbrushes, deodorants,
treatment, psychoanalysis, and legal fees for non-medicinal shampoos or soaps, sun blocks,
authorizing treatment for mental illness. sleeping aids, weight-reduction aids, and vitamins.
■■ Smoking cessation programs and prescribed drugs. Most Over the Counter (OTC) drug or medicine purchases
(Amounts paid for over-the-counter drugs such as will require a doctor’s prescription before it can be
nicotine patches and gum are not eligible, even if reimbursed from the Health Care FSA.
prescribed by a doctor.)
■■ Special medical care, education and equipment for the
You will have to first go to a doctor for a prescription,
which will then need to be submitted to WageWorks
handicapped such as Braille books and magazines,
along with the receipt.
guide dogs and their upkeep, and the cost and repair
of special telephone equipment and television audio When you go to the doctor, simply ask him or her to write
display equipment for the deaf. you a prescription for the item for which you want to be
■■ Specialized training and equipment required for a deaf reimbursed. The prescription will need to comply with
or blind individual. state prescription laws, but generally, if the prescription is
■■ Speech therapy, hearing exams, hearing aids, and
written on a prescription pad, it should be sufficient.
batteries for hearing aids.

97
FSA Eligible Medical Items
Does NOT Require a Doctor’s Prescription Requires a Doctor’s Prescription
• Bandages and related items (over-the-counter) • Acne treatments
• Birth control (over-the-counter) • Allergy & sinus medicine and products
• Blood pressure monitors • Antacids
• Cholesterol test kits and supplies • Antibiotic ointment
• Condoms • Aspirin or other pain relievers
• Contact lenses, cleaning solutions, etc. • Asthma medicines or treatments
• Crutches, canes, walkers or like equipment (purchase or rental) • Canker & cold sore treatments
• Dentures, bridges, etc. • Chest rubs
• Diabetic monitors, test kits, strips and supplies • Cold & flu medicines
• Eye related equipment/materials • Corn and callus removers
• Eyeglasses (over-the-counter) • Cough drops & sore throat lozenges
• Fertility monitors (over-the-counter) • Cough syrup
• First aid kits (over-the-counter) • Diaper rash ointments and creams
• Hearing aids and batteries • Ear drops & wax removal
• Incontinence supplies • Gastrointestinal medications
• Insulin, testing materials and supplies • Herbal or homeopathic medicines
• Magnetic therapy (over-the-counter) • Laxatives
• Medical equipment (for treatment of medical condition) & repairs • Lice treatments
• Medical monitoring and testing devices • Motion & nausea medicines
• Medical supplies (for treatment of a medical condition) • Over-the-counter products for dental, oral and teething pain
• Monitors & test kits (over-the-counter) • Pain relievers
• Occlusal guards to prevent teeth grinding • Propecia (for treatment of a medical condition)
• Orthotics • Retin-A (for non-cosmetic purposes)
health care fsa

• Orthopedic and surgical supports • Sleep aids


• Over-the-counter bandages and related items • Toothache and teething pain relievers
• Ovulation monitor (over-the-counter) • Wart removal treatments
• Pregnancy tests (over-the-counter)
• Reading glasses (over the counter)
• Teeth grinding prevention devices
• Urological products
• Walking aids (canes, walkers, crutches and related supplies)
• Wheelchair and repairs
Wound care (over-the-counter)
You are encouraged to contact the claim administrator to determine whether your OTC drug purchase will be
considered an eligible expense.

Special Rules for Drugs Purchased Outside the Ineligible Expenses


United States Certain health care expenses are ineligible. Ineligible
Special rules apply regarding eligibility for prescription health care expenses include – but are not limited to – the
drugs that are purchased outside the United States. In following:
■■ Amounts reimbursed by a health care plan or any other
general, a drug is not eligible if it is:
■■ Carried in or mailed in from another country unless the source.
■■ Charges incurred while you are not a plan participant.
FDA specifically allows that drug to be legally imported
by individuals.
For example, if you participate in the plan from
■■ Purchased and consumed in another country unless April 1 through November 30 during a given year,
the drug is legal in both the other country and the expenses incurred on or before March 31 and on
United States. or after December 1 of that year are not eligible for
reimbursement.

98
■■ Charges that you are not legally required to pay. In addition, any expenses that you incur during one
■■ Cosmetic treatment (unless the treatment corrects calendar year may not be reimbursed from contributions
a deformity resulting from or directly related to a made to the health care FSA during a different calendar
congenital abnormality, a personal injury resulting year.
from an accident or trauma, or a disfiguring disease). If you have any questions regarding ineligible expenses,
Cosmetic treatment includes, but is not limited to, teeth contact the claim administrator.
bleaching, laser peels, chemical peels, hair transplants,
treatment for male pattern baldness, and cosmetic IRS regulations governing eligible and ineligible expenses
surgery. under health care flexible spending accounts have changed
■■ Cosmetics and toiletries, such as toothpaste. in the past and may change again in the future. It is your
■■ Diaper service. responsibility to determine whether your anticipated

■■ Dues for athletic clubs, health clubs or spas.


health care expenses will be eligible for reimbursement
under the plan. If the IRS audits your individual income tax
■■ Expenses identified as ineligible in IRS Publication 502, return, you may be required to show that your reimbursed
Medical and Dental Expenses. expenses meet the applicable requirements.
■■ Funeral expenses.
Reimbursement does not guarantee that Health Care
■■ Household and domestic help, even if recommended FSA payments will not be declared taxable by the IRS at
by a doctor. some time in the future. If reimbursements are subject to
■■ Insurance premiums including health care and long- taxation, including any reimbursements paid in error, you
term care insurance premiums. will be liable for any taxes or penalties.
■■ Long-term care services.

health care fsa


■■ Marriage or family counseling.
■■ Maternity clothes.
■■ Medical or dental expenses claimed as a deduction on
your federal income tax return.
■■ Nursing services for care of healthy infants.
■■ Over-the-Counter drugs (except insulin) unless
processed through a pharmacy with a doctor’s
prescription.
■■ Vitamins taken for general health purposes and not
prescribed by a doctor.
■■ Weight-loss programs unless prescribed by a doctor to
treat a specific medical condition such as heart disease.

99
Health Care FSA
Providers That Accept the Health Care Card
The card is designed for use at health care provider
Reimbursement offices, pharmacies, and drugstores. You can also use
(Claims) the card for purchases from merchants who participate in
the Inventory Information Approval System (IIAS). The IIAS
Reimbursement Options was established as the result of an IRS rule that requires
Three reimbursement options are available under the non-healthcare merchants – such as supermarkets and
plan. You may: discount stores – to identify health care items at the
■■ Use your Health Care FSA debit card. time of purchase. You can view a list of IIAS participating
■■ Use the Pay My Provider feature of the plan. merchants at www.sig-is.org. Transactions at non-
IIAS merchants are rejected. Although this provides a
■■ File traditional paper claims.
safeguard, you are fully responsible for ensuring that
only eligible expenses are paid using the card. (Using
WageWorks (the claim administrator) is the named your card for charges other than eligible expenses is
fiduciary for adjudicating claims for benefits under the considered fraud.)
plan, and for deciding any appeals of denied claims.
Receipts
WageWorks has the authority, in its discretion, to interpret Normally, receipts will not be required by the claim
the terms of the plan, to decide questions of eligibility administrator for purchases made at IIAS participating
for coverage or benefits under the plan, and to make any merchants. However, since health care provider offices,
related findings of fact. All decisions made by WageWorks pharmacies, and drugstores do not need to be IIAS
are final and binding on participants and beneficiaries to participants, you may be asked to submit receipts for
the full extent permitted by law. those transactions. Receipts must contain the following
health care fsa

information:
Debit Card ■■ Nature of expense (i.e., what service or supply was
A health care card will be sent to you following your provided).
enrollment in the plan. The card works like a debit card
■■ Date of expense.
and allows you to pay many eligible expenses directly
from your account at the point of purchase. By using ■■ Provider name.
the card, you eliminate paying out-of-pocket money for ■■ Expense amount.
eligible expenses and waiting for reimbursement. ■■ Patient name.
The card tracks your available balance and permits If a receipt is required, the claim administrator will
transactions up to that amount. Your available balance is normally request that you submit your receipt within 45
the amount you elect to contribute for the entire year, less days of the debit card transaction. If you fail to submit
any reimbursements that have already been paid. receipts when requested, your card may be deactivated.

When you receive your debit card, a cardholder agreement


It is highly recommended that you keep receipts for your
will be included. You must agree to the terms and
purchases. Even if you are not required to submit them to
conditions of the cardholder agreement before you use the
the claim administrator, you may need receipts to satisfy
card. If you do not agree to the terms and conditions stated
IRS requirements.
in the cardholder agreement, you may use the Pay My
Provider feature or traditional claim processing instead of
the health care card.
Purchasing Errors and Lost or Stolen Cards
If you make a mistake and purchase an ineligible item
with your card, contact the claim administrator. You will
be required to send your receipt and a reimbursement
check for the amount of the ineligible expense to the
claim administrator.

If your card is lost or stolen, contact the claim


administrator immediately to deactivate your card and to
order a replacement card.

100
Card Deactivation Proof of Expense
Your card will be deactivated: When you submit your claim, you must also submit one
■■ When you report your card lost or stolen. of the following to prove that your expense is eligible for

■■ When the claim administrator requests a receipt to


reimbursement:

substantiate a purchase made with your card and ■■ An explanation of benefits (EOB) from your health care
you fail to respond to that request within a reasonable plan showing the date of service and out-of-pocket
period of time. expenses. If the EOB indicates the procedure is not

■■ When your employment terminates. (Note: Your


covered by your health care plan, you may be required
to submit an itemized statement from the provider.
card will be deactivated even if you elect COBRA
continuation coverage as health care cards are not ■■ For expenses not covered by a health care plan, an
available to COBRA participants.) itemized statement from the service provider. The

■■ When your participation in the plan terminates for any


itemized statement should include the patient’s name,
date of service, procedure description, provider name,
other reason.
and the charges for the service. Account balance
Pay My Provider statements, balance forward statements, cancelled
The Pay My Provider feature of the plan is similar to an checks, cash register receipts, and credit card receipts
online bill paying service. You request direct payment to are not acceptable documentation. In some cases, a
your provider via www.wageworks.com. letter of medical necessity from a medical practitioner
may be required.
Use Pay My Provider to pay for expenses such as
monthly chiropractic visits, orthodontia installment ■■ For drugs that require a prescription for reimbursement,
payments, or even for a one time expense. You submit a pharmacy statement including the name of the

health care fsa


information regarding the payee and the services pharmacy, patient’s name, date of fill, cost, prescription
provided and indicate whether your payment is a one number, and name of the drug/item.
time only payment or a recurring payment (e.g., pay once Your claim will be denied if you fail to provide the
per month). claim administrator with proof of expense or any other
Funds are transferred from your account to your provider requested information.
promptly. Simply set up your direct payment request at Always keep copies of proof of expense documents,
least ten days prior to the payment due date. including receipts and itemized statements. You will need
As with other reimbursement options, requests for these documents to meet plan requirements and/or IRS
payment of ineligible expenses will be denied. requirements.

Traditional Paper Claims Filing Claims After Your Employment Terminates


Expenses incurred after your participation in the plan
For purposes of filing claims and claim appeals, the term ends are not eligible for reimbursement. However, you
“you” includes you or an authorized representative who is may continue to file claims for reimbursement of expenses
filing a claim on your behalf. that you incur before your participation ends (including
participation during a period of COBRA continuation
coverage). You must file those claims before March 31 of
Filing a Claim the following calendar year. Any unclaimed balance in your
Claim forms are available from Employee Services. Send account after March 31 of the following calendar year is
your claim form to: forfeited.
WageWorks Claims Administrator
P.O. Box 14053 Claim Review
Lexington, KY 40512 The claim administrator will review your claim within
Or via facsimile to 1-877-353-9236 30 days of receipt and determine whether or not your
expense is reimbursable in accordance with the terms
Submit a claim whenever you incur an eligible expense,
and provisions of the plan.
but no later than the March 31 following the year in which
you incur the expense. Your claim will be denied if it is
not received by the claim administrator by the March 31
deadline. Any unclaimed balance in your account after
March 31 will be forfeited.

101
The claim administrator may require more time to review The claim administrator will review your claim and notify
your claim if necessary due to circumstances beyond you of its decision within 30 days of the date it receives
its control. If this should happen, you will be notified in your appeal. If your appeal is denied, the notice will
writing that the review period is being extended for up to include the same type of information that was provided in
an additional period of 15 days. the initial claim denial.

If an extension is necessary because you need to furnish Second Level Appeal Procedure
additional information, you will have up to 45 days to If your first level appeal is denied, you have the right to a
furnish the requested information, and the extension second level claim appeal. To file your second level appeal,
period will be further extended by the number of days it take the same action that you took in filing your initial claim
takes you to provide the additional information. Failure appeal. You must make your written request for a second
to cooperate with a claim administrator request for level appeal to the claim administrator within 180 days from
additional information may invalidate your claim. the date you receive the initial claim appeal denial. If you do
not make the request within that time period, you will have
Reimbursement of Claims
waived your right to a second level appeal.
Claims are reimbursed based on your elected annual
contribution amount. Claims for reimbursement in excess Submit all additional information necessary for your claim
of your elected annual contribution amount will not be to be reconsidered (as identified in the notice of claim
paid and may not be carried over into the following appeal denial) and any other information that you believe
calendar year. This is because expenses incurred will support your second level appeal.
during one calendar year may not be reimbursed from
The claim administrator will review your claim and notify
contributions made during a different calendar year.
you of its decision within 30 days of the date it receives your
If Your Claim Is Denied second level appeal. If your second level appeal is denied,
health care fsa

If your claim is denied, in whole or in part, you will receive the notice will include the same type of information that was
written notice from the claim administrator during the provided in the initial claim denial.
review period (or the extended review period if applicable).
The notice will include the following information: Additional Appeal Information
■■ The reasons for the denial and the plan provisions on
Each level of appeal will be independent from the previous
level. For example, the review will not be conducted by
which the denial is based.
persons who made the previous claim determination or by
■■ A description of any additional information necessary subordinates of those persons.
for your claim to be reconsidered, why the information
is necessary, and your time limit for submitting the During each level of appeal, the claim reviewer will review
information. relevant information that you submit including any new
■■ A description of the appeal procedures and applicable
information.
time limits. You cannot file suit in federal court until you have
■■ Your right to request all documentation relevant to your exhausted the plan’s appeal procedures.
claim.
Incorrect or Excess Reimbursement
First Level Appeal Procedure
If it is determined that an incorrect or excess
If the claim is denied, you have the right to appeal
reimbursement has been made, the claim administrator
the decision. You must make your written request for
may do any of the following:
appeal to the claim administrator within 180 days from
the date you receive the notice of claim denial. Include ■■ Notify you of the error and require you to repay the
all additional information necessary for your claim to be amount within sixty days of receipt of the notification.
reconsidered (as identified in the notice of claim denial) ■■ Reduce a future reimbursement to you.
and any other information that you believe will support ■■ Withhold the amount from your pay (to the extent
your appeal. permitted by law).

If none of the above results in adequate repayment, the


remaining amount will be reported to CMC as a bad
business debt and treated accordingly.

102
Dental/Vision Fsa
Introduction ■■ A health care card (similar to a debit card) will be sent to
If you enroll in the Consumer Choice Plan, you may also you. This card allows you to pay many eligible expenses
enroll in a Health Savings Account (HSA), which allows directly from your account and eliminates claim
you to reimburse yourself for out-of-pocket medical processing time.
expenses. But, you cannot enroll in both an HSA and the ■■ As you incur eligible dental/vision expenses during the
CMC Health Care FSA. The CMC Dental/Vision Flexible year, you can:
Spending Account (FSA) Plan provides a way for you to • Use your health care card to pay for eligible
pay some of these expenses on a pretax basis. purchases from providers and merchants who
accept the card (you must submit receipts to the
The plan is administered by WageWorks (the claim claim administrator for certain health care card
administrator). When you need assistance or have transactions).
specific questions regarding this plan, contact the claim • Use the Pay My Provider feature of the plan,
administrator at 1-877-924-3967 or www.wageworks.com. which is similar to an online bill paying service.
You request direct payment to your provider via
www.wageworks.com
Refer to the glossary at the end of this handbook for • Submit traditional claim forms and receipts/
definitions of key terms. statements to the claim administrator. You will
need to use this process for services or supplies
purchased from any provider or merchant that
Dental/Vision FSA cannot accept your health care card.

Benefits ■■ You should keep copies of your itemized receipts/


statements for each purchase whether you use your
Participating in the Dental/Vision FSA health care card, the Pay My Provider feature, or file
The plan allows you to make contributions on a pretax traditional claims. You may need these documents to
basis to pay for eligible dental/vision expenses that are satisfy requirements established by the plan and/or the
not fully covered under a benefit plan or reimbursed by IRS.
any other source. You are reimbursed from your account ■■ You must submit all claims for reimbursement of
as you incur eligible out-of-pocket dental/vision expenses expenses incurred during a calendar year by March 31
such as dental deductibles or vision copays. of the following year.
Your contributions are deducted from your pay before ■■ Any unclaimed balance in your account after March 31

Dental/vision fsa
federal income taxes, Social Security taxes, and in most of the following calendar year is forfeited.
states, before state income taxes are withheld.
You must make a Dental/Vision FSA enrollment election
When you elect to participate in the Dental/Vision FSA:
each year during the Open Enrollment period if you wish
■■ You elect how much to contribute to the plan and your to participate in the plan during the following calendar
contributions are deducted from your pay on a pretax year - participation is not automatically renewed. If you
basis. are currently a plan participant and you do not elect to
■■ You have access to the total annual contribution participate in the plan during an Open Enrollment period,
amount you elect as soon as you incur eligible your participation will end on the December 31 following
expenses. Keep in mind that expenses are not eligible that Open Enrollment period.
if they are incurred before your participation begins or
after your participation ends (e.g., if your participation
begins on April 1, expenses incurred on or before Contributions
March 31 are not eligible). This also applies to expenses You may elect to contribute between $120 and $2,500
incurred by a dependent during any period in which he/ to the Dental/Vision FSA each calendar year. However
she does not qualify as your eligible dependent. if you are a Highly Compensated Employee (HCE) as
determined by the IRS, there may be situations where the
Company is required to reduce your contributions. If your
enrollment occurs at any time other than January 1, your
annual contribution will be prorated accordingly.

103
Your contributions are withheld from your pay and are Potential Disadvantages of
subject to the minimum and maximum payroll deduction Participating in the Dental/Vision FSA
amounts shown below. Use It or Lose It The Internal Revenue Code requires that
Rule you forfeit any contribution amount that you
Minimum Maximum do not use for expenses incurred during the
Pay Cycle ($120 per year) ($2,500 per year) same calendar year. Any balance remaining
Weekly* $2.50 $52.08 in your account at the end of the year cannot
Biweekly** $5.00 $104.16 be refunded to you or carried over to the next
calendar year. Forfeited amounts are used to
* Contributions are withheld from your first four pay checks each
help pay administrative costs under the plan.
month.
** Contributions are withheld from your first two pay checks each Irrevocable The amount you elect to contribute is
month. Elections irrevocable for the entire calendar year. You
cannot change your election unless you
Your contribution amount may be reduced as follows: experience a qualified status change as
■■ Your maximum contribution amount will be prorated if
summarized in the Eligibility and Enrollment
section of this handbook.
you are newly eligible and begin participation at a time
Effect on Social Pretax contributions reduce the amount of
other than the beginning of a calendar year. Security your earnings that are reported for Social
■■ The Company may reduce your contribution amount if Security purposes. Therefore, if you earn
the plan fails one of several IRS benefit limitation tests. less than the Social Security wage base or
if pretax contributions reduce your earnings
You will be advised if this occurs. below the Social Security wage base, your
Before you make your election, consider the plan Social Security withholding will be reduced.
Because Social Security benefits are based
advantages, disadvantages, eligible and ineligible on your career earnings history, this reduced
expenses, and other Dental/Vision FSA information. Also withholding could decrease any Social
contact your tax advisor or the IRS to discuss how your Security benefits you may receive.
contribution amount (if any) will affect your personal tax Effect on Other Pretax contributions may affect other statutory
situation. Statutory Benefits benefits (such as unemployment insurance,
workers’ compensation, and state disability
Advantages and Disadvantages of insurance) for the same reasons that they
Participation affect Social Security benefits. Because
statutory benefits are also based on taxable
Participating in the Dental/Vision FSA saves you money
earnings, benefits for which you may become
by reducing your income taxes. Since your contributions eligible could be reduced as a result of pretax
Dental/vision fsa

are deducted from your pay on a pretax basis – before contributions to the Dental/Vision FSA.
federal, state, and Social Security (FICA) taxes are Loss of Income The IRS does not allow you to take a tax
calculated and withheld – you can expect to see tax Tax Deductions deduction for expenses reimbursed through
savings in your paycheck. For example, if you earn $3,000 the plan. (Under current tax laws, tax
deductions for medical expenses are available
a month and contribute $500 to the Dental/Vision FSA,
for eligible expenses that exceed 7.5% of
you will pay taxes on $2,500 per month. Your actual your adjusted gross income.) You should
savings will depend on your personal tax situation. consult with your tax advisor to determine
whether participating in the Dental/Vision
In exchange for the tax advantages provided under FSA or taking a tax deduction is best for your
the Dental/Vision FSA, the IRS imposes significant personal situation.
restrictions. It is important that you carefully read all of No Guarantee There is no guarantee that any amounts
the plan information before you decide whether or not to of Tax reimbursed under the Dental/Vision FSA will
participate. You are also encouraged to contact your tax Consequences be excludable from your income taxes. For
advisor or the IRS to discuss how participation will affect example, if the IRS audits your tax return,
you may be required to show that expenses
your specific tax situation. reimbursed through the plan meet the
Potential disadvantages of participating in the Dental/ applicable tax requirements. Reimbursement
does not guarantee that Dental/Vision
Vision FSA are summarized in the following table. FSA payments will not be declared taxable
by the IRS at some time in the future. If
reimbursements are subject to taxation,
including any reimbursements paid in error,
you will be liable for any taxes or penalties.

104
Other items to consider before you enroll in the plan are: ■■ Have not been reimbursed by any other source and
■■ Only expenses that are incurred while you are will not be submitted for reimbursement by any other
participating in the plan are eligible for reimbursement. source, and
This means that amounts you contribute to the Dental/ ■■ Subject to certain exceptions, qualify as allowable tax
Vision FSA during a calendar year may be used only to deductions under federal income tax rules.
reimburse expenses incurred:
Not every dental/vision related expense will qualify for
• After your participation begins, and
reimbursement. For example, an expense is not for
• Before that calendar year ends or before your
medical care if it is merely beneficial to the health of you
participation ends if that occurs earlier.
or your eligible dependents (e.g., vitamins or nutritional
■■ You cannot transfer money from one flexible spending supplements that are not taken to treat a specific medical
account to another. If you are also participating in the condition) or for cosmetic purposes, unless necessary
Dependent Day Care Flexible Spending Account Plan, to correct a deformity resulting from illness, injury, or
you cannot transfer money between the two plans. birth defect. You may be required to provide additional
Your Dental/Vision FSA contributions will apply only to documentation from a health care provider showing that
eligible health care expenses and may not be used to you have a medical condition and/or the particular item
reimburse dependent day care expenses. is necessary to treat a medical condition. Expenses for
■■ Some individuals experience cash flow concerns cosmetic purposes are also not reimbursable unless they
when participating in the plan. Although many eligible are necessary to correct an abnormality caused by illness,
expenses can be paid directly from your account injury, or birth defect.
with the health care card or by paying your providers
In addition, certain expenses that might otherwise
through the Pay My Provider feature of the plan, there
be considered medical care under the IRC are not
will be occasions when you need to make out-of-pocket
reimbursable under any health care FSA-type plan (per
payments for health care expenses at the same time
IRS regulations):
Dental/Vision FSA contributions are being deducted
from your pay. When you use the traditional claim ■■ Health insurance premiums,
process, reimbursement requires a reasonable period ■■ Expenses incurred for qualified long-term care services,
of time for claim processing. and
If you decide to enroll in the plan, estimate your eligible ■■ Any other expenses that are specifically excluded under
expenses carefully and elect to contribute only the a plan.

Dental/vision fsa
amount that you are confident you will spend during the Only expenses that are incurred after your participation
calendar year to avoid forfeiture of your contributions. If in the Dental/Vision FSA begins and in the same
you are unsure if an expense will be eligible, contact the calendar year in which you make contributions are
claim administrator for clarification before you make your eligible for reimbursement. (Expenses incurred after your
contribution election. participation in the plan terminates are not eligible for
Effect of Contributions on Other reimbursement.) Expenses are considered incurred on the
day the service is provided, regardless of when you are
Company Benefits
billed or pay for the service.
Your Dental/Vision FSA contributions will not affect any
Company benefits that are based on pay, such as life Eligible expenses include the following:
and disability insurance. These benefits will continue to ■■ Dental/vision expenses that are not payable by dental
be based on your salary before pretax contributions are or vision plans under which you/your dependents are
deducted. covered. These include expenses such as deductibles
Eligible Expenses and copay amounts.
Eligible expenses are dental/vision expenses that: ■■ Dental/vision expenses you must pay before you reach
■■ Are incurred for expenses, as defined by Internal out-of-pocket limits under a plan.
Revenue Code (IRC) Section 213(d), ■■ Dental/vision expenses that are not covered under a
■■ Are incurred by you or an individual who qualifies as plan.
your dependent for federal income tax purposes during ■■ Amounts over a plan’s annual maximum or lifetime
the period you participate in the plan, maximum as well as amounts above reasonable and
customary charges.

105
Eligible Expense Examples ■■ Insurance premiums including health care and long-
Following are some common eligible health care expenses. term care insurance premiums.
For more information about eligible and ineligible health ■■ Dental or vision expenses claimed as a deduction on
care expenses, refer to IRS Publication 502, Medical and your federal income tax return.
Dental Expenses or contact the claim administrator.
In addition, any expenses that you incur during one
calendar year may not be reimbursed from contributions
Although IRS Publication 502 is a good resource, not all of
made to the Dental/Vision FSA during a different calendar
the expenses included in the publication are reimbursable
year.
under the Dental/Vision FSA. You are encouraged to contact
the claim administrator to determine whether a particular If you have any questions regarding ineligible expenses,
expense will be reimbursable before you incur the expense. contact the claim administrator.

IRS regulations governing eligible and ineligible expenses


Examples of eligible expenses include: under health care flexible spending accounts have changed
■■ Out-of-pocket dental expenses such as deductibles, in the past and may change again in the future. It is your
coinsurance, and copay amounts under an insurance responsibility to determine whether your anticipated dental
policy or health care plan. or vision expenses will be eligible for reimbursement
under the plan. If the IRS audits your individual income tax
Ineligible Expenses return, you may be required to show that your reimbursed
Certain health care expenses are ineligible. Ineligible
expenses meet the applicable requirements.
health care expenses include – but are not limited to – the
following: Reimbursement does not guarantee that Dental/Vision
■■ Medical or Pharmacy expenses FSA payments will not be declared taxable by the IRS at
some time in the future. If reimbursements are subject to
■■ Amounts reimbursed by a health care plan or any other
taxation, including any reimbursements paid in error, you
source.
will be liable for any taxes or penalties.
■■ Charges incurred while you are not a plan participant.
For example, if you participate in the plan from
April 1 through November 30 during a given year,
expenses incurred on or before March 31 and on
or after December 1 of that year are not eligible for
Dental/vision fsa

reimbursement.
■■ Charges that you are not legally required to pay.
■■ Cosmetic treatment (unless the treatment corrects
a deformity resulting from or directly related to a
congenital abnormality, a personal injury resulting
from an accident or trauma, or a disfiguring disease).
Cosmetic treatment includes, but is not limited to, teeth
bleaching, and cosmetic surgery.
■■ Cosmetics and toiletries, such as toothpaste.
■■ Expenses identified as ineligible in IRS Publication 502,
Medical and Dental Expenses.

106
Dental/Vision FSA
Providers That Accept the Health Care Card
The card is designed for use at health care provider
Reimbursement offices, pharmacies, and drugstores. You can also use
(Claims) the card for purchases from merchants who participate in
the Inventory Information Approval System (IIAS). The IIAS
Reimbursement Options was established as the result of an IRS rule that requires
Three reimbursement options are available under the plan. non-healthcare merchants – such as supermarkets and
You may: discount stores – to identify health care items at the
■■ Use your Dental/Vision FSA debit card. time of purchase. You can view a list of IIAS participating
■■ Use the Pay My Provider feature of the plan. merchants at www.sig-is.org. Transactions at non-
IIAS merchants are rejected. Although this provides a
■■ File traditional paper claims.
safeguard, you are fully responsible for ensuring that only
eligible expenses are paid using the card. (Using your card
WageWorks (the claim administrator) is the named for charges other than eligible expenses is considered
fiduciary for adjudicating claims for benefits under the fraud.)
plan, and for deciding any appeals of denied claims.
Receipts
WageWorks has the authority, in its discretion, to interpret Normally, receipts will not be required by the claim
the terms of the plan, to decide questions of eligibility administrator for purchases made at IIAS participating
for coverage or benefits under the plan, and to make any merchants. However, since health care provider offices,
related findings of fact. All decisions made by WageWorks pharmacies, and drugstores do not need to be IIAS
are final and binding on participants and beneficiaries to participants, you may be asked to submit receipts for
the full extent permitted by law. those transactions. Receipts must contain the following
information:
Debit Card ■■ Nature of expense (i.e., what service or supply was
A health care card will be sent to you following your provided).
enrollment in the plan. The card works like a debit card
■■ Date of expense.
and allows you to pay many eligible expenses directly
from your account at the point of purchase. By using the ■■ Provider name.
card, you eliminate paying out-of-pocket money for eligible ■■ Expense amount.
expenses and waiting for reimbursement. ■■ Patient name.

Dental/vision fsa
The card tracks your available balance and permits If a receipt is required, the claim administrator will normally
transactions up to that amount. Your available balance is request that you submit your receipt within 45 days of the
the amount you elect to contribute for the entire year, less debit card transaction. If you fail to submit receipts when
any reimbursements that have already been paid. requested, your card may be deactivated.

When you receive your debit card, a cardholder agreement


It is highly recommended that you keep receipts for your
will be included. You must agree to the terms and
purchases. Even if you are not required to submit them to
conditions of the cardholder agreement before you use the
the claim administrator, you may need receipts to satisfy
card. If you do not agree to the terms and conditions stated
IRS requirements.
in the cardholder agreement, you may use the Pay My
Provider feature or traditional claim processing instead of
the health care card.
Purchasing Errors and Lost or Stolen Cards
If you make a mistake and purchase an ineligible item
with your card, contact the claim administrator. You will
be required to send your receipt and a reimbursement
check for the amount of the ineligible expense to the claim
administrator.

If your card is lost or stolen, contact the claim


administrator immediately to deactivate your card and to
order a replacement card.

107
Card Deactivation Proof of Expense
Your card will be deactivated: When you submit your claim, you must also submit one
■■ When you report your card lost or stolen. of the following to prove that your expense is eligible for

■■ When the claim administrator requests a receipt to


reimbursement:

substantiate a purchase made with your card and ■■ An explanation of benefits (EOB) from your health care
you fail to respond to that request within a reasonable plan showing the date of service and out-of-pocket
period of time. expenses. If the EOB indicates the procedure is not

■■ When your employment terminates. (Note: Your card will


covered by your health care plan, you may be required
to submit an itemized statement from the provider.
be deactivated even if you elect COBRA continuation
coverage as health care cards are not available to ■■ For expenses not covered by a health care plan, an
COBRA participants.) itemized statement from the service provider. The

■■ When your participation in the plan terminates for any


itemized statement should include the patient’s name,
date of service, procedure description, provider name,
other reason.
and the charges for the service. Account balance
Pay My Provider statements, balance forward statements, cancelled
The Pay My Provider feature of the plan is similar to an checks, cash register receipts, and credit card receipts
online bill paying service. You request direct payment to are not acceptable documentation. In some cases, a
your provider via www.wageworks.com. letter of medical necessity from a medical practitioner
may be required.
Use Pay My Provider to pay for expenses such as
orthodontia installment payments, or even for a one time Your claim will be denied if you fail to provide the
expense. You submit information regarding the payee and claim administrator with proof of expense or any other
the services provided and indicate whether your payment requested information.
is a one time only payment or a recurring payment (e.g.,
Always keep copies of proof of expense documents,
pay once per month).
including receipts and itemized statements. You will need
Funds are transferred from your account to your provider these documents to meet plan requirements and/or IRS
promptly. Simply set up your direct payment request at requirements.
least ten days prior to the payment due date.
Filing Claims After Your Employment Terminates
As with other reimbursement options, requests for
Expenses incurred after your participation in the plan
payment of ineligible expenses will be denied.
Dental/vision fsa

ends are not eligible for reimbursement. However, you


Traditional Paper Claims may continue to file claims for reimbursement of expenses
that you incur before your participation ends (including
For purposes of filing claims and claim appeals, the term participation during a period of COBRA continuation
“you” includes you or an authorized representative who is coverage). You must file those claims before March 31 of
filing a claim on your behalf. the following calendar year. Any unclaimed balance in your
account after March 31 of the following calendar year is
forfeited.
Filing a Claim
Claim forms are available from Employee Services. Send Claim Review
your claim form to: The claim administrator will review your claim within
WageWorks Claims Administrator 30 days of receipt and determine whether or not your
P.O. Box 14053 expense is reimbursable in accordance with the terms
Lexington, KY 40512 and provisions of the plan.
Or via facsimile to 1-877-353-9236 The claim administrator may require more time to review
Submit a claim whenever you incur an eligible expense, your claim if necessary due to circumstances beyond its
but no later than the March 31 following the year in which control. If this should happen, you will be notified in writing
you incur the expense. Your claim will be denied if it is that the review period is being extended for up to an
not received by the claim administrator by the March 31 additional period of 15 days.
deadline. Any unclaimed balance in your account after
March 31 will be forfeited.

108
If an extension is necessary because you need to furnish Second Level Appeal Procedure
additional information, you will have up to 45 days to If your first level appeal is denied, you have the right to a
furnish the requested information, and the extension second level claim appeal. To file your second level appeal,
period will be further extended by the number of days it take the same action that you took in filing your initial claim
takes you to provide the additional information. Failure to appeal. You must make your written request for a second
cooperate with a claim administrator request for additional level appeal to the claim administrator within 180 days from
information may invalidate your claim. the date you receive the initial claim appeal denial. If you do
not make the request within that time period, you will have
Reimbursement of Claims
waived your right to a second level appeal.
Claims are reimbursed based on your elected annual
contribution amount. Claims for reimbursement in excess Submit all additional information necessary for your claim to
of your elected annual contribution amount will not be be reconsidered (as identified in the notice of claim appeal
paid and may not be carried over into the following denial) and any other information that you believe will
calendar year. This is because expenses incurred support your second level appeal.
during one calendar year may not be reimbursed from
The claim administrator will review your claim and notify
contributions made during a different calendar year.
you of its decision within 30 days of the date it receives your
If Your Claim Is Denied second level appeal. If your second level appeal is denied,
If your claim is denied, in whole or in part, you will receive the notice will include the same type of information that was
written notice from the claim administrator during the provided in the initial claim denial.
review period (or the extended review period if applicable).
The notice will include the following information: Additional Appeal Information
■■ The reasons for the denial and the plan provisions on
Each level of appeal will be independent from the previous
level. For example, the review will not be conducted by
which the denial is based.
persons who made the previous claim determination or by
■■ A description of any additional information necessary subordinates of those persons.
for your claim to be reconsidered, why the information
is necessary, and your time limit for submitting the During each level of appeal, the claim reviewer will review
information. relevant information that you submit including any new
■■ A description of the appeal procedures and applicable
information.
time limits. You cannot file suit in federal court until you have
■■ Your right to request all documentation relevant to your exhausted the plan’s appeal procedures.

Dental/vision fsa
claim.
Incorrect or Excess Reimbursement
First Level Appeal Procedure
If it is determined that an incorrect or excess
If the claim is denied, you have the right to appeal the
reimbursement has been made, the claim administrator
decision. You must make your written request for appeal
may do any of the following:
to the claim administrator within 180 days from the date
you receive the notice of claim denial. Include all additional ■■ Notify you of the error and require you to repay the
information necessary for your claim to be reconsidered amount within sixty days of receipt of the notification.
(as identified in the notice of claim denial) and any other ■■ Reduce a future reimbursement to you.
information that you believe will support your appeal. ■■ Withhold the amount from your pay (to the extent
The claim administrator will review your claim and notify permitted by law).
you of its decision within 30 days of the date it receives If none of the above results in adequate repayment, the
your appeal. If your appeal is denied, the notice will remaining amount will be reported to CMC as a bad
include the same type of information that was provided in business debt and treated accordingly.
the initial claim denial.

109
Dependent Day Care Fsa
Introduction • Keep in mind that expenses are not eligible if they
Many of us have dependents who need care during our are incurred before your participation begins or after
working hours. The CMC Dependent Day Care Flexible the end of the current calendar year (e.g., if your
Spending Account (FSA) Plan provides a way for you to participation begins on April 1, expenses incurred
pay some of these expenses on a pretax basis. on or before March 31 and on or after December 31
are not eligible). In addition, any expenses incurred
The plan is administered by WageWorks (the claim for a dependent during a period in which he/she
administrator). When you need assistance or have does not qualify as your eligible dependent are not
specific questions regarding this plan, contact the claim eligible expenses.
administrator at 1-877-924-3967 or www.wageworks.com. ■■ You must keep copies of your itemized receipts/
statements for each purchase whether you use the
Refer to the glossary at the end of this handbook for Pay My Provider feature or file traditional claims. You
definitions of key terms. will need these documents to satisfy requirements
established by the plan and/or the IRS.
■■ You must submit claims for reimbursement of
Dependent Day Care expenses incurred during a calendar year by March 31
FSA Benefits of the following year.
■■ Any unclaimed balance in your account after March 31
Participating in the Dependent Day Care of the following calendar year is forfeited.
FSA
The plan allows you to make contributions on a pretax You must make a Dependent Day Care FSA enrollment
basis to pay for eligible dependent day care expenses election each year during the Open Enrollment period if
– such as those for child or elder care while you are you wish to participate in the plan during the following
working – that are not reimbursed by any other source. calendar year - participation is not automatically renewed.
As you incur eligible dependent day care expenses during If you are currently a plan participant and you do not elect
the year, you are reimbursed from your account. to participate in the plan during an Open Enrollment period,
Your contributions are deducted from your pay before your participation will end on the December 31 following
federal income taxes, Social Security taxes, and in most that Open Enrollment period.
states, before state income taxes are withheld.

When you elect to participate in the Dependent Day Care Contributions


FSA: The minimum contribution amount under the plan is $120
■■ You elect how much to contribute to the plan and your each calendar year. Current IRS regulations establish
contributions are deducted from your pay on a pretax maximum contribution amounts based on your federal
basis. income tax filing status, as follows:
■■ You have access to the balance in your account at Maximum Contribution Amounts
the time of reimbursement. If you do not have enough Federal Income Tax Maximum Annual
money in your account to reimburse a claim, checks Filing Status Contribution Amount
for partial reimbursements will be sent to you as you Married Filing Jointly or Single
$5,000
dependent day

make contributions to your account until you receive full Head of Household
care fsa

reimbursement for the expense. Married Filing Separately $2,500


■■ As you incur eligible dependent day care expenses
during the year, you can either:
• Use the Pay My Provider feature of the plan,
which is similar to an online bill paying service.
You request direct payment to your provider via
www.wageworks.com.
• Submit traditional claim forms and receipts/
statements to the claim administrator.

110
If you are married and your spouse’s employer offers a similar pretax opportunity, the maximum combined amount you
and your spouse can contribute each year is $5,000. In addition, under current IRS regulations, reimbursements from
your account cannot exceed the income of the lower-paid spouse. If your spouse does not work and is either a full-
time student for at least five months during the year or is physically or mentally incapable of caring for himself/herself,
the IRS assumes an income of $250 a month if you have one dependent and $500 a month if you have two or more
dependents. You are responsible for reporting excess reimbursements as taxable income.

Your contributions are withheld from your pay – the deduction amounts per pay period for minimum and maximum
contributions are shown in the following table.

Minimum and Maximum Deductions Per Pay Period


Federal Income Pay Cycle
Tax Filing Status Annual Election Weekly* Biweekly**
Married Filing Minimum $120 $2.50 $5.00
Jointly or Maximum $5,000 $104.16 $208.33
Single Head of
Household
Married Filing Minimum $120 $2.50 $5.00
Separately Maximum $2,500 $52.08 $104.16
* Contributions are withheld from your first four pay checks each month.
**Contributions are withheld from your first two pay checks each month.

Your contribution amount may be reduced as follows: Advantages and Disadvantages of


■■ Your maximum contribution amount will be prorated if Participation
you are newly eligible and begin participation at a time Participating in the Dependent Day Care FSA saves
other than the beginning of a calendar year. you money by reducing your income taxes. Since your
■■ The Company may reduce your contribution contributions are deducted from your pay on a pretax
amount if the plan fails one of several IRS benefit basis – before federal, state, and Social Security (FICA)
limitation tests. You will be advised if this occurs. taxes are calculated and withheld – you can expect
to see tax savings in your paycheck. For example, if
Before you make your election, consider the plan you earn $3,000 a month and contribute $500 to the
advantages, disadvantages, eligible and ineligible Dependent Day Care FSA, you will pay taxes on $2,500
expenses, and other Dependent Day Care FSA per month. Your actual savings will depend on your
information. Also contact your tax advisor or the IRS to personal tax situation.
discuss how your contribution amount (if any) will affect
your specific tax situation. In exchange for the tax advantages provided under the
Dependent Day Care FSA, the IRS imposes significant
restrictions. It is important that you carefully read all of
the plan information before you decide whether or not to
participate. You are also encouraged to contact your tax
advisor or the IRS to discuss how participation will affect
your specific tax situation. dependent day
care fsa

111
Potential disadvantages of participating in the Dependent Effect of Dependent Day Care FSA Participation
Day Care FSA are summarized in the following table. on the Dependent Care Tax Credit
As previously stated, participating in the Dependent Day
Potential Disadvantages of Participating in the Dependent Care FSA can save you money by reducing your income
Day Care FSA
taxes. However, an alternate way to reduce your income
Use It or Lose It The Internal Revenue Code requires that
Rule you forfeit any contribution amount that you taxes is by using the dependent care tax credit when you
do not use for expenses incurred during the file your annual income tax return. As you consider your
same calendar year. Any balance remaining options, it is important to keep in mind that the amount
in your account at the end of the year cannot you may claim for a tax credit is reduced dollar-for-dollar
be refunded to you or carried over to the next by the amount reimbursed to you through the Dependent
calendar year. Forfeited amounts are used to
help pay administrative costs under the plan. Day Care FSA.
Irrevocable The amount you elect to contribute is
Elections irrevocable for the entire calendar year. You This information is provided to you as a courtesy only, as
cannot change your election unless you CMC does not provide tax advice. You should contact your
experience a qualified status change as tax advisor before you decide to participate in the plan.
summarized in the Eligibility and Enrollment
section of this handbook.
The dependent care tax credit allowed on your income
Effect on Social Pretax contributions reduce the amount of your
tax return is based on your adjusted gross income,
Security earnings that are reported for Social Security
purposes. Therefore, if you earn less than ranges from 20% to 35% of your eligible dependent
the Social Security wage base or if pretax care expenses, and is limited to $3,000 a year for one
contributions reduce your earnings below the dependent or $6,000 a year for two or more dependents.
Social Security wage base, your Social Security
withholding will be reduced. Because Social Determining which option – participating in the
Security benefits are based on your career Dependent Day Care FSA or using the tax credit – is right
earnings history, this reduced withholding could for you depends on your personal situation. Generally, if
decrease any Social Security benefits you may
your adjusted gross income is less than $39,000, it may
receive.
be to your advantage to use the tax credit. However, if
Effect on Other Pretax contributions may affect other statutory
Statutory benefits (such as unemployment insurance, your adjusted gross income is more than $39,000, you
Benefits workers’ compensation, and state disability may realize greater tax savings by using the Dependent
insurance) for the same reasons that they Day Care FSA. If you participate in the plan and you have
affect Social Security benefits. Because more than $5,000 of dependent care expenses, you may
statutory benefits are also based on taxable
be able to claim a dependent care tax credit of up to
earnings, benefits for which you may become
eligible could be reduced as a result of pretax $1,000 on the amount in excess of $5,000.
contributions to the Dependent Day Care FSA.
Other Items to Consider Before You Enroll
Loss of Income The IRS does not allow you to take a dependent Other items to consider before you enroll in the plan are:
Tax Deductions care tax credit for expenses reimbursed through
the plan. (Under current tax laws, the credit is ■■ Only expenses that are incurred after your participation
based on your adjusted gross income, ranges in the plan begins and before the calendar year ends
from 20% to 35% of your eligible dependent are eligible for reimbursement from amounts you
care expenses, and is limited to $3,000 a year
contribute to the Dependent Day Care FSA during that
for one dependent or $6,000 a year for two
or more dependents.) Additional information calendar year.
dependent day

on dependent care tax credits is summarized ■■ You cannot transfer money from one flexible spending
care fsa

below. account to another. If you are also participating in the


No Guarantee There is no guarantee that any amounts Health Care Flexible Spending Account or the Dental/
of Tax reimbursed under the Dependent Day Care
Consequences FSA will be excludable from your income Vision Flexible Spending Account, you cannot transfer
taxes. For example, if the IRS audits your money between the two plans. Your Dependent Day Care
tax return, you may be required to show that FSA contributions will apply only to eligible dependent day
expenses reimbursed through the plan meet the care expenses and may not be used to reimburse health
applicable tax requirements. Reimbursement care expenses for your dependents.
does not guarantee that the Dependent Day
Care FSA payments will not be declared
taxable by the IRS at some time in the future.
If reimbursements are subject to taxation,
including any reimbursements paid in error, you
will be liable for any taxes or penalties.

112
■■ Some individuals experience cash flow concerns when Eligible Dependents
participating in the plan. You may be able to avoid this Only dependent day care expenses incurred for the
concern by paying your providers through the Pay following individuals who share your residence for at least
My Provider feature of the plan. However, if you file half of the applicable calendar year and qualify as your
traditional paper claims, you will need to make out-of- dependents for federal income tax purposes are eligible:
pocket payments for dependent day care expenses at ■■ Dependent children* under age 13.
■■ Parents, grandparents, children* age 13 or older, or
the same time Dependent Day Care FSA contributions
are being deducted from your pay. Reimbursement
other relatives or members of your household who:
requires a reasonable period of time for claim
• Spend at least eight hours each day in your home,
processing.
• Receive more than half of their support from you,
■■ You will not normally be taxed on your Dependent Day and
Care FSA contributions as long as your family’s total • Are physically or mentally incapable of caring for
contribution to this plan and any other Dependent Day themselves.
■■ Your spouse who is incapable of caring for himself/
Care FSA-type plan (e.g., if your spouse participates
in a similar plan offered by his/her employer) does not
herself. Inability to engage in substantial gainful activity
exceed the maximum annual limits summarized in the
or perform normal functions does not alone make your
Contributions provision. However, to qualify for tax-free
spouse an eligible dependent. He/she must:
treatment, you will be required to submit with your
• Have a physical or mental condition that does not
annual tax return (using IRS Form 2441) the names and
allow him/her to take care of personal, hygienic, or
taxpayer identification numbers of any persons who
nutritional needs, or
provided dependent day care services for which you
• Require full-time attention for safety reasons.
have claimed reimbursement.
* If you are divorced or separated, only your children for
If you decide to enroll in the plan, estimate your expenses
whom you have custody are eligible.
carefully and elect to contribute only the amount that you
are confident you will spend during the calendar year to Eligible Dependent Day Care Providers
avoid forfeiture of your contributions. If you are unsure if an To be eligible, the care must be provided by one of the
expense will be eligible, contact the claim administrator for following:
clarification before you make your contribution election. ■■ A care provider (including a housekeeper) who cares for
Effect of Contributions on Other Company your eligible dependents in your home and who is not
Benefits your dependent.
Your Dependent Day Care FSA contributions will not ■■ A care provider who cares for your eligible dependents
affect any Company benefits that are based on pay, outside your home and who is not your dependent.
such as life and disability insurance. These benefits ■■ A qualified dependent care center. To be considered
will continue to be based on your salary before pretax qualified, the facility must provide care for more than six
contributions are deducted. individuals who do not reside at the facility and comply
Eligible Expenses with all applicable laws and regulations.
Eligible expenses are those expenses you incur for You must provide the taxpayer ID number (either a
dependent day care that allows you – and, if you’re federal tax ID number or Social Security number) for each
married, your spouse – to work. Work includes actively dependent day care provider to the IRS with your annual dependent day
looking for work, but not unpaid volunteer work or
care fsa

tax return.
volunteer work for a nominal salary. For purposes of the
plan, your spouse is considered to have worked if he/ The Dependent Day Care FSA may not be used to
she is a full-time student for at least five months during reimburse expenses for care or services provided by:
the calendar year or if he/she is physically or mentally ■■ Your spouse.
incapable of self-care. ■■ Any of your children under age 19 at the end of the
Expenses must be incurred after your participation in calendar year in which the services are provided.
the Dependent Day Care FSA begins and in the same ■■ Anyone whom you or your spouse could legally claim
calendar year in which you make contributions to be as a dependent on your federal income tax return.
eligible for reimbursement. Expenses are considered ■■ Any care provider that does not have either a valid
incurred on the day the service is provided, regardless of federal tax ID number or a Social Security number.
when you are billed or pay for the service.

113
Eligible Expense Examples Ineligible Expenses
Following are some common eligible dependent day Ineligible dependent day care expenses include – but are
care expenses. For more information about eligible and not limited to – the following:
ineligible expenses, refer to IRS Publication 503, Child ■■ Costs for food or clothing for an eligible dependent.
and Dependent Care Expenses or contact the claim
■■ Dependent care expenses from a dependent care
administrator.
center that does not provide care for more than six
Although IRS Publication 503 is a good resource, you individuals who do not reside at the facility or does not
are encouraged to contact the claim administrator comply with all applicable laws and regulations.
to determine whether a particular expense will be ■■ Dependent care expenses that you claim on your
reimbursable before you incur the expense. federal income tax return.
■■ Education expenses for a child in kindergarten or
above.
Eligible expense examples are: ■■ Expenses for overnight stays such as overnight camp
■■ The cost of care provided in or out of your home expenses.
(including Social Security taxes you pay on behalf of ■■ Housekeeping expenses not related to dependent day
your provider) by an eligible babysitter. care.
■■ The cost of care provided at a qualified dependent care ■■ Transportation expenses to and from a dependent care
center that provides care for more than six individuals site.
who do not reside at the facility and complies with all
■■ Expenses for dependent day care while you or your
applicable laws and regulations.
spouse is not working due to illness.
■■ The cost of care provided at a summer camp (but not
tuition and other fees unrelated to day care). In addition, any expenses that you pay during one
■■ The cost of care provided at a private school (but not
calendar year may not be reimbursed from contributions
made to the Dependent Day Care FSA during a different
tuition and other fees unrelated to day care if the child
calendar year.
is in kindergarten or above).
■■ Any nonrefundable fees to secure your dependent’s If you have any questions regarding ineligible expenses,
place in a dependent care center. contact the claim administrator.
■■ Other expenses that are considered eligible for a
dependent care tax credit for federal income tax IRS regulations governing eligible and ineligible expenses
purposes. (Refer to IRS Publication 503). under dependent day care flexible spending accounts
have changed in the past and may change again in the
Keep in mind that only those services that provide care future. It is your responsibility to determine whether your
for your eligible dependents are eligible. For example, anticipated expenses will be eligible for reimbursement
the services of a housekeeper are eligible only if his/her under the plan. If the IRS audits your individual income tax
primary responsibility is the well-being and protection of return, you may be required to show that your reimbursed
your eligible dependent. expenses meet the applicable requirements.

Reimbursement does not guarantee that Dependent Day


dependent day

Care FSA payments will not be declared taxable by the IRS


care fsa

at some time in the future. If reimbursements are subject


to taxation, including any reimbursements paid in error,
you will be liable for any taxes or penalties.

114
■■ If the participant and provider certifications on your
Dependent Day Care claim form are completed and signed, additional
FSA Reimbursement documentation is not required.
(Claims) ■■ If the provider certification on your claim form is not
completed and/or signed, you must provide an itemized
Reimbursement Options statement from the dependent care provider that includes
Two reimbursement options are available under the plan.
all of the following information:
You may:
• Nature of expense (i.e., what service was provided).
■■ Use the Pay My Provider feature of the plan. • Provider name, address, and taxpayer ID number
■■ File traditional paper claims. (either a federal tax ID number or Social Security
number).
Pay My Provider • Dependent name and birth date.
The Pay My Provider feature of the plan is similar to an • Date(s) of service.
online bill paying service. You request direct payment to • Expense amount.
your provider via www.wageworks.com. Your claim will be denied if you fail to provide the
Pay My Provider provides a simple method for paying claim administrator with proof of expense or any other
your dependent day care expenses. You submit requested information.
information regarding the payee and the services Always keep copies of proof of expense documents,
provided and indicate whether your payment is a one including receipts and itemized statements. You will need
time only payment or a recurring payment (e.g., pay once these documents to meet plan requirements and/or IRS
per month). requirements.
Funds are transferred from your account to your provider
promptly. Simply set up your direct payment request at Filing Claims After Your Employment Terminates
least ten days prior to the payment due date. Your participation in the plan ends on the date your
As with traditional claim processing, requests for payment employment terminates. However, you may continue to file
of ineligible expenses will be denied. claims for reimbursement of expenses that you incur during
the calendar year in which your employment terminates.
Traditional Paper Claim You must file those claims before March 31 of the following
calendar year. Any unclaimed balance in your account after
For purposes of filing claims and claim appeals, the term March 31 of the following calendar year is forfeited.
“you” includes you or an authorized representative who is
filing a claim on your behalf.
Claim Review
Filing a Claim The claim administrator will review your claim within
Claim forms are available from Employee Services. Send 30 days of receipt and determine whether or not your
your claim form to: expense is reimbursable in accordance with the terms
WageWorks Claims Administrator and provisions of the plan.
P.O. Box 14053 The claim administrator may require more time to review
Lexington, KY 40512
Or via facsimile to 1-877-353-9236
your claim if necessary due to circumstances beyond dependent day
its control. If this should happen, you will be notified in
care fsa

Submit a claim whenever you incur an eligible expense, writing that the review period is being extended for up to
but no later than the March 31 following the year in which an additional period of 15 days.
you incur the expense. Your claim will be denied if it is not If an extension is necessary because you need to furnish
received by the claim administrator by the deadline. Any additional information, you will have up to 45 days to furnish
unclaimed balance in your account after March 31 will be the requested information, and the extension period will
forfeited. be further extended by the number of days it takes you to
Proof of Expense provide the additional information. Failure to cooperate with
When you submit your claim, you must include a claim administrator request for information may invalidate
documentation to prove that your expense is eligible for your claim.
reimbursement:

115
■■ The reasons for the denial and the plan provisions on
WageWorks (the claim administrator) is the named which the denial is based.
fiduciary for adjudicating claims for benefits under the ■■ A description of any additional information necessary
plan, and for deciding any appeals of denied claims. for your claim to be reconsidered, why the information
WageWorks has the authority, in its discretion, to interpret is necessary, and your time limit for submitting the
the terms of the plan, to decide questions of eligibility information.
for coverage or benefits under the plan, and to make any ■■ A description of the appeal procedures and applicable
related findings of fact. All decisions made by WageWorks time limits.
■■ Your right to request all documentation relevant to your
are final and binding on participants and beneficiaries to
the full extent permitted by law.
claim.

Reimbursement of Claims First Level Appeal Procedure


Claims are reimbursed based on the balance in your If your claim is denied, you have the right to appeal
account at the time of reimbursement. If you do not have the decision. You must make your written request for
enough money in your account to reimburse a claim, appeal to the claim administrator within 180 days from
checks for partial reimbursements will be sent to you as the date you receive the notice of claim denial. Include
you make contributions to your account until you receive all additional information necessary for your claim to be
full reimbursement for the expense. reconsidered (as identified in the notice of claim denial)
and any other information that you believe will support
For example, assume you contribute $25 each pay period your appeal.
to the Dependent Day Care FSA and your current balance
is $50. If you submit a claim for $75, a check will be The claim administrator will review your claim and notify
issued to you in the amount of $50, and the balance of you of its decision within 30 days of the date it receives
$25 will be pended and reimbursed to you following your your appeal. If your appeal is denied, the notice will
next contribution. include the same type of information that was provided in
the initial claim denial.
If you do not have enough money in your account to
reimburse a claim that is pending at the end of the year, Second Level Appeal Procedure
your claim will not be reimbursed in full. The claim cannot If your first level appeal is denied, you have the right
be carried over to the next year because expenses to a second level claim appeal. You must make your
that you incur during one calendar year may not be written request for a second level appeal to the claim
reimbursed from contributions made during a different administrator within 180 days from the date you receive
calendar year. the claim appeal denial. Include all additional information
necessary for your claim to be reconsidered (as identified
Incorrect or Excess Reimbursement in the notice of claim appeal denial) and any other
If it is determined that an incorrect or excess information that you believe will support your second level
reimbursement has been made, the claim administrator appeal.
may do any of the following:
■■ Notify you of the error and require you to repay the
The claim administrator will review your claim and notify
you of its decision within 30 days of the date it receives
amount within sixty days of receipt of the notification.
your second level appeal. If your second level appeal
■■ Reduce a future reimbursement to you.
dependent day

is denied, the notice will include the same type of


■■ Withhold the amount from your pay (to the extent information that was provided in the initial claim denial.
care fsa

permitted by law).

If none of the above results in adequate repayment, the Additional Appeal Information
remaining amount will be reported to CMC as a bad • During each level of appeal, the claim reviewer will
business debt and treated accordingly. review relevant information that you submit including
any new information.
If Your Claim Is Denied • You cannot file suit in federal court until you have
If your claim is denied, in whole or in part, you will exhausted the plan’s appeal procedures.
receive written notice from the claim administrator
during the review period (or the extended review period
if applicable). The notice will include the following
information:

116
Employee Assistance Program
Introduction Professional Services
The CMC Employee Assistance Program (EAP) is The EAP offers professional and confidential assessment
designed to help you and your household members and short-term problem resolution services designed to
identify and find resources to solve personal problems – help address the personal concerns and life issues you
such as managing stress, juggling deadlines and are facing. This free service is staffed by experienced
responsibilities, handling child or parental concerns, or clinicians and is available 24 hours a day, seven days a
developing a budget that works – which if not resolved, week. An EAP professional will listen to your concerns
could adversely affect the quality of your life. and may refer you to local resources in your community
or other counselors that can help you deal with a variety
Services are available under the EAP, which is of personal issues, including:
administered by Horizon. When you need assistance ■■ Alcohol and drug abuse
■■ Depression
or have specific questions regarding this plan, contact
Horizon at 1-866-486-4334 or go to the Horizon website at
www.horizoncarelink.com, User ID: CMC, Password: eap. ■■ Grief and loss
■■ Relationship problems
■■ Marital or family conflicts
EAP Benefits ■■ Stress and anxiety
EAP Services
Up to five free in-person sessions will be available to you
EAP services provide resources and assistance to help
and your household members for each assessed problem.
you manage life’s challenges. Through the EAP you have
access to services such as: Face-to-face sessions are available for individuals age
■■ Telephone support to discuss your concerns. 16 and older. Individuals under age 16 are referred to
■■ Professional assessment and short-term problem appropriate specialists using health insurance benefits or
resolution sessions. community referrals.
■■ Consultations with legal and financial specialists.
■■ Referrals to work/life resources such as child care The EAP network of clinical professionals includes
providers and elder care services. licensed counselors, social workers, and marital family
■■ Locating community resources such as Alcoholics therapists who are trained to deal with a wide variety
Anonymous. of personal and emotional problems. EAP referrals
are treated with the highest degree of confidentiality
■■ Accessing specialized and/or long-term services under
consistent with applicable federal and state laws.
your health insurance benefits.
If an EAP counselor determines that a problem requires
When you access free services that have been approved
either more than five sessions or another type of
by Horizon, you do not have to file any claims.
treatment, such as inpatient care, you will be referred to
EAP Services Available an appropriate resource for treatment. If you decide to
24 Hours a Day, 365 Days a Year continue services beyond the number of sessions allowed
Access the EAP via a toll-free number that provides immediate under the EAP or obtain treatment outside of the EAP
support in times of crisis or through the website: after the EAP assessment has been made, the cost of the
1-866-486-4334 additional sessions or treatment will not be paid for by the
www.horizoncarelink.com User ID: CMC, Password: eap EAP. In this event, you may wish to contact the medical
plan in which you are enrolled to determine if benefits are
available for the additional services/treatment.
eap

117
Financial You will receive information that can help you address
Financial issues can arise at any time, from dealing needs such as:
with debt to saving for your child’s college education. ■■ Choosing day care
■■ Learning about schools in your area
Financial professionals are available to discuss your
issues and provide you with the tools and information you
need to meet your financial goals. From family budgets ■■ Locating summer or day camps
and tax questions to credit issues and investments, ■■ Planning for college
you can consult directly with financial specialists about ■■ Finding elder care
■■ Exploring adoption
your personal money management concerns. Financial
specialists can help you sort through the issues and
provide the resources you need to find answers. Call Online Resources
anytime you have issues such as: Online resources give you the power of the internet to get
■■ Buying a home solutions for the issues that matter to you, from personal
■■ Getting out of debt or relationship issues to legal and financial concerns.

■■ Saving for college


Access the EAP website anytime you need trusted,
expert information, resources, referrals, or an answer to
■■ Tax questions an everyday question.
Legal ■■ Get helpful answers to your questions quickly and easily.
Everyone faces a legal issue or problem at some time in ■■ Watch a video or take a self-assessment.
their life, whether it’s a divorce, bankruptcy or buying real
■■ Review and print in-depth help sheet topics.
estate. The EAP provides confidential access to attorneys
who are dedicated to providing practical information and EAP Limitations and Exclusions
assistance. Legal staff will listen to your concerns and Services that are not covered under the EAP include –
provide information and tools to assist you in resolving but are not limited to – the following:
■■ Any service that has not been approved by Horizon.
the issue. If you require assistance, you will be referred to
an attorney in your area for a free 30-minute telephone or
face-to-face consultation. Thereafter, a 25% reduction in ■■ Consultation regarding labor, immigration, employment,
customary legal fees is available to you. Call anytime you or international law.
have legal issues such as: ■■ Counseling paid for by workers’ compensation.
■■ Bankruptcy ■■ Counseling required by law or a court.
■■ Civil lawsuits ■■ Services beyond the five sessions provided for each
■■ Contracts assessed problem.
■■ Criminal actions ■■ Drug or alcohol testing.
■■ Debt obligations ■■ Fitness for duty evaluations or opinions.
■■ Divorce and family law ■■ Formal diagnostic or psychological evaluations.
■■ Landlord and tenant issues ■■ Inpatient hospital treatment.
■■ Real estate transactions ■■ Legal services beyond an initial 30-minute consultation.
Legal services are not available for any action, proceeding ■■ Long-term outpatient treatment.
or dispute between an employee and his/her employer, ■■ Prescriptions for medications or services for mental
co-worker, union, labor management trust fund, EAP insufficiency or autism.
provider, or group insurance carrier.
■■ Residential care.
Family ■■ Services by counselors who are not Horizon EAP
Everyone could use a little more assistance in their lives. providers.
Whether you are a new parent, a caregiver for an elder,
or sending a child off to college, you may come across With the exception of services related to labor, immigration,
concerns that need to be addressed. The EAP can help employment, or international law, the EAP does provide
you sort out the issues and provide you with information referrals to resources for the services listed above. However,
based on your specific criteria to help you make a decision. you are responsible for payment for these services.
An EAP professional will help you explore options and offer
eap

If you have questions regarding covered services, contact


solutions as well as provide helpful literature for additional Horizon.
background information.

118
plan administration
Plan Administration
Administrative Information
This section contains important administrative information regarding the Commercial Metals Company Welfare Benefit
Plan and its component plans.
Plan Administration Information
Plan Name Commercial Metals Company Welfare Benefit Plan
Employer, Plan Administrator and Plan Sponsor Commercial Metals Company.
6565 N. MacArthur Blvd., Suite 800
Irving, TX 75039
Employer Identification Number 75-0725338
Type of Plan The Plan is a welfare benefit plan providing Medical, Vision, Dental, Disability, Life,
Accident, Employee Assistance, Health Care flexible spending account, Dental/Vision
Flexible Spending Account, and pretax contribution benefits. Note: The Plan also includes
a cafeteria plan under Code §125 and Dependent Day Care Flexible Spending Account
(DCAP) under Code §129. The cafeteria plan and DCAP are not subject to ERISA
Plan Number 501
Agent for Service of Legal Process Commercial Metals Company.
6565 N. MacArthur Blvd., Suite 800
Irving, TX 75039
Plan Year January 1 through December 31
Effective Date The effective date of the Plan amendment/restatement is January 1, 2013. The plan has
been amended several times since its original effective date of January 1, 2007.
Insurance Company/ Policy/Contract/
Component Plan Arrangement Type Funded By
Claim Administrator Agreement
Medical Blue Cross and Blue Shield of Texas Premium: 009123 Self-insured CMC and participant
P.O. Box 660044 Consumer: 070509 contributions
Dallas, TX 75266
Kaiser Permanente HMO North: 602827 Insured CMC and participant
Claims Department South: 101708 contributions
P.O. Box 7004
Downey, CA 90242
Information about the Kaiser Permanente HMO plan is not included in this handbook. If you are enrolled in Kaiser, you
will receive information about your plan directly from Kaiser.
Vision Vision Service Plan 12247388 Insured CMC and participant
3333 Quality Drive contributions
Rancho Cordova, CA 95670
Dental Delta Dental Insurance Company 44-5838 Self-insured CMC and participant
P.O. Box 1809 contributions
Alpharetta, GA 30023-1809
Short Term Disability The Standard 646908 Self-insured CMC
900 SW Fifth Avenue
Portland, OR 97204-1282
Long Term Disability The Standard 646907 Insured CMC
900 SW Fifth Avenue
Portland, OR 97204-1282
Life ING ReliaStar Life Insurance Company 66717-0 Insured CMC and participant
20 Washington Avenue South contributions
Minneapolis, MN 55401
Accidental Death & ING ReliaStar Life Insurance Company 66717-0 Insured CMC and participant
Dismemberment 20 Washington Avenue South contributions
Minneapolis, MN 55401
Business Travel Metropolitan Life Insurance Company 29353-1-BTA Insured CMC
Accident Insurance 200 Park Avenue
New York, NY 10166
Employee Assistance Horizon Behavioral Services, LLC Not Applicable Insured CMC
Program 4300 Centreway Place
Arlington, TX 76018

119
plan administration

Insurance Company/ Policy/Contract/


Component Plan Arrangement Type Funded By
Claim Administrator Agreement
Health Care Flexible WageWorks 24699 Self funded Participant
Spending Account P.O. Box 14053 contributions
Lexington, KY 40512
Dental/Vision Flexible WageWorks 24699 Self funded Participant
Spending Account P.O. Box 14053 contributions
Lexington, KY 40512
Dependent Day Care WageWorks 24699 Self funded Participant
Flexible Spending P.O. Box 14053 contributions
Account Lexington, KY 40512
Pretax Contributions Pretax contributions under the medical, vision, dental, health care flexible spending account, dental/vision flexible
spending account, dependent day care flexible spending account plans, and health savings account contributions are
administered by CMC under a pretax contribution plan in accordance with Section 125 of the Internal Revenue Code.
COBRA Administrator CMC Employee Services Lockbox address for payments:
6565 N MacArthur Blvd, Suite 800 PO Box 139031
Irving, TX 75039 Dallas, TX 75313-9031

Plan Administration Note: Not all of the component benefit programs are
CMC has contracted with claim administrators and subject to ERISA. They are described as part of the
insurance companies to administer the plan as follows: Plan for purposes of convenience and because there
■■ Medical Plan, Dental Plan and Short Term
may be other applicable laws (for example, the Internal
Revenue Code) that require a written document.
Disability Plan: Pursuant to administrative services
only agreements, Blue Cross and Blue Shield of Texas Plan Funding
(BCBSTX) provides administrative services with respect The plan is funded by direct payment from the general
to benefits provided under the Medical Plan, Delta assets of CMC. Where employee contributions are
Dental provides administrative services with respect required, CMC collects those contributions. CMC as
to benefits provided under the Dental Plan, and The plan sponsor/administrator pays Company contributions,
Standard provides administrative services with respect together with any employee contributions, to the
to benefits provided under the Short Term Disability insurance companies and claim administrators as
Plan. Claims are sent directly to BCBSTX, Delta Dental required under each of the respective policies/
and The Standard as applicable; however, benefits are agreements.
paid from funds provided by CMC on behalf of the plan
in accordance with the agreements. Plan Sponsor/Plan Administrator Duties
■■ Health Care FSA Plan, Dental/Vision FSA Plan,
CMC as plan sponsor/administrator has exclusive and
final discretionary authority to determine eligibility for
and Dependent Day Care FSA Plan: WageWorks
participation in the plan and to determine related facts.
provides administrative services with respect to
The plan sponsor/administrator maintains records of
benefits provided under the Health Care FSA, Dental/
plan participants, collects any required participant
Vision FSA, and Dependent Day Care FSA plans
contributions and pays the contributions, together with
pursuant to an administrative services agreement.
any Company contributions, to the insurance companies
Claims are sent directly to WageWorks; however,
and claim administrators as required in each of the
reimbursements are made from employee contributions
respective policies/agreements.
that are collected and submitted to WageWorks by
CMC on behalf of the plan in accordance with the Except for specified claim dispute resolution authority
agreement. under the Medical, Dental or Short Term Disability plans,
■■ Other Component Plans: Other plans are insured the plan sponsor/administrator does not have the right to
and CMC has entered into agreements with the award benefits under the plan or to reverse the insurance
insurance companies to provide benefits. Claims for company’s or claim administrator’s denial of a claim
benefits are sent directly to the applicable insurance for benefits. For component plans that are insured, the
company, which is financially responsible for paying plan sponsor/administrator reserves the right to insure
claims. these plans with any licensed insurance company.
For component plans that are administered under
administrative service agreements, the plan sponsor/
administrator reserves the right to appoint any claim
administrator.

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plan administration
Participating Companies Insurance companies or HMOs provide benefits under
Companies designated by Commercial Metals Company the terms of insurance policies or similar contracts. Any
as participating companies in the plan are: benefits specified in those insurance policies/contracts
■■ Commercial Metals Company will be provided solely by the insurance companies/
HMOs that issued the policies/contracts. Under no
Electronic Forms circumstances will CMC or the plan be liable to pay any
To facilitate efficient operation of the Plan, the Plan may benefits specified in those insurance policies/contracts.
allow forms (including, for example, election forms and
notices), whether required or permissive, to be sent and/ COBRA Administrator Duties
or made by electronic means. The COBRA administrator has exclusive and final
discretionary authority to:
Important Disclaimer ■■ Determine an individual’s eligibility for COBRA
Benefits hereunder are provided pursuant to an insurance continuation coverage.
contract or governing written plan document adopted by
■■ Advise qualified beneficiaries of their responsibilities
the Company. If the terms of this SPD document conflict
and premium amounts due for COBRA coverage.
with the terms of such insurance contract or governing
plan document, then the terms of the insurance contract ■■ Collect COBRA premiums and send them to
or governing plan document will control, rather than this the appropriate insurance companies and claim
SPD document, unless otherwise required by law. administrators.
■■ Advise qualified beneficiaries when COBRA coverage
Insurance Company/
terminates.
Claim Administrator Duties
For component plans that are insured, the applicable ■■ Respond to qualified beneficiaries questions regarding
insurance company is the claims fiduciary and has COBRA coverage.
exclusive and final discretionary authority to interpret No Vested Interest
and apply plan provisions and to determine related facts No individual has any rights under the plan except as and
with regard to any claim or claim appeal. The insurance only to the extent expressly provided in the official plan
company has the right to cancel the group insurance documents.
policy at the end of the contract term after providing the
required notice of cancellation to CMC. No Employment Contract
Nothing in the plan or the Summary Plan Description
For component plans that are administered under confers any rights of continued employment on any
administrative services agreements (except for the employee or in any way prohibits changes in the terms
Medical Plan), the applicable claim administrator has and conditions of, or the termination of, employment of
exclusive and final discretionary authority to interpret and any employee covered under the plan.
apply plan provisions and to determine related facts with
regard to: Misrepresentation
■■ Determining a participant’s eligibility to receive benefits. It is a crime to knowingly and with intent injure, defraud,
or deceive the Company or the plan, or to provide any
■■ Processing claims.
false information, including filing a claim that contains
■■ Reimbursing claims. any false, incomplete, or misleading information. These
■■ Making determinations on appeals of claim denials. actions will result in denial of claims and may subject
you to criminal and/or civil prosecution and punishment
For the Medical Plan, Blue Cross and Blue Shield of
under state and/or federal law. The plan reserves the right
Texas has authority to interpret and apply plan provisions
to pursue all appropriate legal remedies in the event of
and to determine related facts with regard to:
misrepresentation. Any material misrepresentation by you
■■ Determining a participant’s eligibility to receive benefits. and/or your dependents in enrolling for coverage or filing
■■ Processing claims. claims for benefits will render your coverage under the
■■ Reimbursing claims. plan null and void.

■■ Making determinations on appeals of claim denials


(except for specified claim dispute resolution authority).

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plan administration

Third Party Liability Plan Amendment and Termination


Certain component plans do not cover expenses if it Nothing in the plan or Summary Plan Description will
is determined that another party may have caused or prevent any future amendments to the benefits provided
contributed to an injury or sickness which results in the under the plan, or the contributions or eligibility criteria
use of plan services. (For example, if injuries sustained in required for participation in the plan. The Company
a car accident are determined to be the fault of the other reserves the right to amend or terminate the plan at any
driver.) If expenses are incurred under a component plan time and for any reason. This includes, but is not limited
for which another party may be responsible, that plan to, increasing contributions or reducing benefits. The
may take actions such as: Company may delegate this authority and discretion to a
■■ Recovering from the other party expenses for which designated person or persons.
that party is determined to be liable. This is referred The plan may be amended or terminated by the
to as a plan’s subrogation rights. The covered person Company or its designee. A designee may sign insurance
will be required to execute any documents required to policies or agreements for the plan on behalf of the
secure the plan’s subrogation rights. Company, including amendments to those policies/
■■ Choosing to pay benefits that would otherwise be agreements.
payable if the covered person agrees in writing that he/
she will reimburse the plan for those benefits when the
Future of the Plan
CMC reserves the right at any time and from time to
other party’s liability is determined and paid.
time to add provisions to the CMC Welfare Benefit
Further information is provided in the sections Plan (and any of its component plans) and to modify in
summarizing benefits under the component plans. whole or in part, or end any or all provisions of the CMC
Welfare Benefit Plan (and any of its component plans)
Recovery of Overpayments
with or without prior notice. CMC does not promise the
If an overpayment is made under the plan due to a
continuation of any benefits nor does it promise any
circumstance such as fraud, third party liability, or a
specific level of benefits at or during retirement.
plan administration/claim processing error, the plan has
the right to full reimbursement. An overpayment may be
recovered by methods such as requiring a lump sum
payment of the overpaid amount or taking appropriate COBRA Continuation
collection actions, including legal actions. Further Coverage
information is provided in the sections summarizing
benefits under the component plans. Right to COBRA Continuation Coverage
A covered person whose coverage would otherwise
Plan Interpretation and Authority to end under a plan may be entitled to elect continuation
Delegate coverage in accordance with the Consolidated Omnibus
The plan administrator has the sole and exclusive right Budget Reconciliation Act (COBRA). The entire cost of
and discretion to interpret the terms and provisions of the COBRA continuation coverage is payable by the covered
plan and to determine any and all questions arising under person.
the plan or in connection with the administration of the
CMC component plans that provide for COBRA
plan. The plan administrator may delegate this authority
continuation coverage are:
and discretion to a designated person or persons.
■■ Medical
Conformity with Statutes
■■ Vision
Any provision in the CMC Welfare Benefit Plan (and
any of its component plans) that is in conflict with the ■■ Dental
requirements of any state or federal law that applies ■■ Health Care FSA
to the provision is automatically changed to satisfy the ■■ Dental/Vision FSA
■■ Employee Assistance Program
minimum requirements of the applicable law.

COBRA continuation coverage is provided only as


required by law. If the law changes, the rights of covered
persons will change accordingly.

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plan administration
COBRA coverage under the Health Care FSA or Dental/ Coverage may be continued for 18 months or 36 months,
Vision FSA will be offered only to qualified beneficiaries depending on the qualifying event.
losing coverage who have underspent accounts. A
qualified beneficiary has an underspent account if the Coverage Period
Individuals Eligible From Initial
annual limit elected by the covered employee, reduced by for Continuation Qualifying
the reimbursable claims submitted up to the time of the Qualifying Event Coverage Event*
qualifying event, is equal to or more than the amount of Employment ends for Employee, spouse, 18 months
the premiums for Health FSA COBRA coverage that will reasons other than children
be charged for the remainder of the plan year. COBRA gross misconduct
coverage will consist of the Health Care FSA or Dental/ Hours of employment Employee, spouse, 18 months
Vision FSA coverage in force at the time of the qualifying are reduced children
event (i.e. the elected annual limit reduced by reimbursable Divorce Spouse, children 36 months
claims submitted up to the time of the qualifying event). Child loses Child losing coverage 36 months
dependent status
The use-it-or-lose-it rule will continue to apply, so any
unused amounts will be forfeited at the end of the plan Death Spouse, children 36 months
year, and COBRA coverage will terminate at the end of * COBRA continuation coverage under the Health Care FSA Plan or
the Dental/Vision FSA Plan will terminate at the end of the plan year
the the plan year. Unless otherwise elected, all qualified
in which the employee’s coverage as an active employee ends.
beneficiaries who were covered under the Health Care FSA
or Dental/Vision FSA will be covered together for Health Extension of Continuation Coverage
Care FSA or Dental/Vision FSA COBRA coverage. If a qualified beneficiary is entitled to 18 months of
continuation coverage, the continuation coverage period
Eligibility may be extended if any of the following events occur.
To be eligible for continuation coverage, the covered
person must meet the definition of a qualified beneficiary. Disability
A qualified beneficiary is any of the following persons A qualified beneficiary may be eligible for up to an
who are covered under the plan on the day before the 11-month extension of continuation coverage (for a total
qualifying event: continuation coverage period of up to 29 months) if he/
■■ An employee she is determined by the Social Security Administration
to have become disabled within the first 60 days of
■■ An employee’s enrolled dependents
continuation coverage. If proper notification is provided,
■■ An employee’s former spouse covered family members who are qualified beneficiaries
Newly Eligible Child as a result of the same qualifying event and who elect
If the qualified beneficiary has a child (either by birth, continuation coverage will be entitled to the 11-month
adoption, or placement for adoption) during the extension.
continuation coverage period, the new child also Extension of Continuation Coverage for Spouse
becomes a qualified beneficiary. The child can be added and Dependent Children
to COBRA continuation coverage by providing the In certain circumstances, an 18- or 29-month
COBRA administrator with notice of the newly eligible continuation coverage period may be extended up to 36
child within 30 days of birth, adoption, or placement for months. These include:
■■ Second Qualifying Event
adoption.

Qualifying Events Second qualifying events are the employee’s death,


COBRA qualifying events are: divorce, or a covered child’s loss of dependent status.
■■ Termination of the eligible employee from employment
These events are considered second qualifying events
only if they would have caused the qualified beneficiary
with the Company (for any reason other than gross
to lose coverage if the first qualifying event had not
misconduct) or reduction in hours of employment
occurred. If any of these qualifying events occur during
■■ Death of the eligible employee the 18- or 29-month continuation coverage period
■■ Divorce and proper notification is provided, the period of
■■ Loss of eligibility by a covered dependent child continuation coverage for the spouse and dependent
children may be extended for up to a total of 36 months
If a qualified beneficiary’s coverage terminates because measured from the date of the original qualifying event.
of a qualifying event, he/she may elect to continue the
coverage that he/she had on the day before the qualifying
event.

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plan administration

■■ Medicare Entitlement of Employee Each qualified beneficiary must provide notice of any final
If proper notification is provided of the employee determination that the qualified beneficiary is no longer
becoming entitled to and enrolling in Medicare (under disabled within 30 days of the determination by the Social
Part A, Part B or both) within 18 months prior to the Security Administration.
employee’s termination of employment or reduction
Notice of Second Qualifying Events
in hours of employment, the period of continuation
To be entitled to a second qualifying event extension,
coverage for the employee’s spouse and dependent
the qualified beneficiary must notify the COBRA
children is 36 months from the date of the employee’s
administrator within 60 days of divorce, or a covered
Medicare enrollment. For example, if the employee
child’s loss of dependent status during a period of
became enrolled in Medicare eight months prior to the
continuation coverage. If the eligible employee dies
qualifying event, the employee’s spouse and dependent
while covered under continuation coverage, a surviving
children would be eligible for 28 months of continuation
qualified beneficiary must notify the COBRA administrator
coverage (36 months – 8 months = 28 months).
within 60 days of the death. The COBRA administrator
Notification Requirements may require a copy of the divorce decree, separation
Notice of Initial Qualifying Event agreement, child’s birth certificate, or death certificate.
The COBRA Administrator will provide a COBRA election
If the COBRA administrator does not receive timely
notice within 44 days of these qualifying events:
notice of an event, the right to extension of continuation
■■ Is terminated from employment coverage will be lost.
■■ Has a reduction in hours of employment
Notice of Medicare Enrollment
■■ Dies while employed To be entitled to the Medicare extension, the qualified
Notice of Initial Qualifying Event by Employee or beneficiary must provide notice of the eligible employee’s
Qualified Beneficiary enrollment in Medicare (Part A, Part B or both) within
The covered employee or qualified beneficiary must notify 60 days of the enrollment. The eligible employee will be
the COBRA Administrator within 60 days of: required to provide a copy of his/her Medicare card to the
COBRA administrator. If the COBRA administrator does
■■ Divorce
not receive timely notice of Medicare enrollment, the right
■■ A covered child’s loss of dependent status to extension of continuation coverage will be lost.
The COBRA Administrator will provide a COBRA election If, after electing continuation coverage, a qualified
notice within 14 days of the timely receipt of the notice. If beneficiary becomes enrolled in Medicare Part A or
the COBRA Administrator does not receive timely notice, Part B, the qualified beneficiary must notify the COBRA
the right to continuation coverage will be lost. administrator within 30 days of the enrollment. The
Notice of Disability qualified beneficiary will be required to provide a copy of
To be entitled to the disability extension, the qualified his/her Medicare card to the COBRA administrator.
beneficiary must notify the COBRA administrator of the Notice of a Newly Eligible Child
entitlement to Social Security disability benefits before the A qualified beneficiary who acquires a child through
end of the initial 18-month continuation coverage period birth, adoption, or placement for adoption during the
and within 60 days of the Social Security Administration’s continuation coverage period must notify the COBRA
determination of the qualified beneficiary’s disabled status. administrator within 30 days of the birth, adoption, or
The notification must include a copy of the Social Security placement for adoption to obtain continuation coverage
Administration award determination. If the notice is for the child. If the COBRA administrator does not receive
provided, the qualified beneficiary’s coverage may be timely notice of the newly eligible child, the right to
extended up to a maximum of 29 months from the date continuation coverage will be lost.
of the qualifying event or until the first of the month that Notice Requirements
begins more than 30 days after the date of any final Notification of any event must include the following:
determination by the Social Security Administration that ■■ Name of the individual experiencing the event (the
the qualified beneficiary is no longer disabled. If the qualified beneficiary)
■■ The employee’s name and Social Security Number
COBRA administrator does not receive timely notice of
disability, the right to the disability extension will be lost.
■■ Date of the event
■■ Type of event
■■ Address of the qualified beneficiary

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plan administration
Additional documentation indicated above (e.g., a If continuation coverage ends prior to the 18-, 29- or
Medicare card or death certificate) as well as any other 36-month continuation coverage period, the COBRA
documentation requested by the COBRA administrator administrator will provide a notice to the affected individuals
must be provided. as soon as practicable following the COBRA administrator’s
determination of the early termination of continuation
Submitting Notices
coverage. The notice will explain the reason for the early
All required notices that relate to continuation coverage
termination, the date of the termination, and the availability
must be provided to the COBRA administrator at the
of alternative group individual coverage, if any.
following address:
CMC Employee Services Paying for Continuation Coverage
PO Box 139031 The qualified beneficiary must pay for continuation
Dallas, TX 75313-9031 coverage. Continuation coverage premiums will not
exceed 102% of the applicable premium for similarly
The qualified beneficiary should keep a copy of any
situated individuals who have not had a qualifying event.
notices sent to the COBRA administrator.
The initial payment covers the cost of continuation
Notice of Unavailability of Continuation Coverage
coverage retroactive to the date coverage ended. The
If the COBRA administrator determines that an individual
qualified beneficiary is responsible for ensuring that
who provides notice is not entitled to continuation
the amount of the initial payment is enough to cover
coverage or extended continuation coverage, the COBRA
this entire period. The COBRA administrator may be
administrator will send the individual a notice explaining
contacted to confirm the correct initial payment amount.
the reasons why continuation coverage is not available.
The initial payment must be made within 45 days of the
Termination Events for Continuation election of continuation coverage.
Coverage The qualified beneficiary will receive a billing for each
Continuation coverage will end on the earliest of the
subsequent period of coverage. The billing will indicate
following dates:
the payment amount, the due date, and where to send
At the end of the applicable maximum continuation the payment. Payments must be postmarked within
coverage period (18, 29 or 36 months). 30 days of their due dates. If any payment is late,
■■ The date coverage terminates under the plan for failure continuation coverage rights will be lost.
to make timely payment of the required contribution Continuation Coverage Payment Shortfalls
amounts (after the initial payment, payments must be If a timely monthly contribution is submitted to the
made no later than 30 days after their due dates). COBRA administrator that is significantly less than
■■ The date, after electing continuation coverage, that the actual payment due for the month, the qualified
coverage is obtained under any other group health beneficiary’s continuation coverage will be terminated
plan. If the new coverage contains a limitation or immediately. If payment is submitted that is not
exclusion for any preexisting condition of the qualified significantly less than the actual payment due for the
beneficiary, continuation coverage will end on the date month, the payment will be deemed to satisfy the
the limitation or exclusion ends. The other group health requirement for the amount that must be paid, unless the
plan coverage will be primary for all health services COBRA administrator notifies the qualified beneficiary of
except those health services that are subject to the the amount of the deficiency and permits him/her to pay
preexisting condition limitation or exclusion. the deficiency within 30 days of the date of the notice
■■ The date, after electing continuation coverage, that the of deficiency. The qualified beneficiary is responsible for
qualified beneficiary becomes entitled to Medicare (and paying all deficiencies.
actually enrolls in Medicare).
■■ The date the Company stops providing any group
health plan for its employees.
■■ The date coverage would otherwise terminate under
the plan.

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plan administration

Electing Continuation Coverage If you have questions about these special election
Continuation coverage must be elected within 60 days rights, contact the Health Care Tax Credit customer
after the qualified beneficiary receives notice of the contact center toll-free at 1-866-628-4282 (TTD/TTY
continuation right from the COBRA administrator. If he/ 1‑866‑626‑4282) or visit www.doleta.gov/tradeact on
she fails to timely elect continuation coverage, the right the internet.
to continuation coverage will be permanently lost. To
Carefully Consider Your Election of
elect continuation coverage, the qualified beneficiary
must submit a COBRA election form to the COBRA
Continuation Coverage
In considering whether to elect continuation coverage,
administrator. A qualified beneficiary who does not elect
you should take into account that failure to continue your
continuation coverage may change his/her prior rejection
coverage will affect your future rights under federal law.
anytime within the 60-day election period by submitting a
new COBRA election form. ■■ First, you can lose the right to avoid having preexisting
condition exclusions applied to you by other group
Each qualified beneficiary may elect continuation coverage health plans if you have more than a 63-day gap in
independently. If the employee declines to cover his/ health coverage.
her dependent children, the dependents’ parent (the
■■ Second, you will lose the guaranteed right to purchase
employee’s spouse or other parent or legal guardian) may
individual health insurance policies that do not impose
elect continuation coverage for them. If the employee and
preexisting condition exclusions if you do not elect
spouse decline to cover a dependent child, that child has
continuation coverage for the maximum time available
an independent right to elect continuation coverage for him/
to you. This guaranteed right will be preserved only if
herself. Furthermore, a child who is born to the employee
you elect continuation coverage.
or placed for adoption with the employee during a period
of continuation coverage may be considered a qualified ■■ Finally, you should take into account that you have
beneficiary provided that the COBRA administrator is special enrollment rights under federal law. You have
notified within 30 days of birth or placement for adoption. the right to request special enrollment in another
The employee or his/her spouse may elect continuation group health plan for which you are otherwise eligible
coverage on behalf of all eligible individuals. (such as a plan sponsored by your spouse’s employer)
within 30 days after your group health coverage ends
Special COBRA Election Rights for Trade because of the qualifying event that entitles you to elect
Displaced Employees continuation coverage. You will also have the same
If your coverage ends because the Company shuts down special enrollment right at the end of the maximum
a plant to shift production to another country or because continuation coverage period available to you.
of an increase in imports, you may qualify for federal
trade adjustment assistance (TAA) or alternative trade Examine your options carefully before declining
adjustment assistance (ATAA). If you qualify for TAA or continuation coverage. Keep in mind that companies
ATAA within six months of losing coverage and you did which sell individual health insurance typically require a
not elect continuation coverage when you were initially review of your medical history before approving coverage.
eligible, you may be entitled to a second election period. This could result in a higher premium or denial of
coverage.
To be eligible for this second election period, you must
provide the COBRA administrator with a copy of the Keep CMC Informed of Address
certificate that shows you qualify for TAA or ATAA. Upon Changes
receipt, the COBRA administrator will send you a COBRA To protect your and your family’s rights, you must keep
election notice. Your election to continue coverage must CMC informed of any changes in your address and the
be made during the 60-day period that begins on the addresses of covered family members.
first day you become eligible for TAA or ATAA, but no
later than six months after you lost coverage. If you elect
For More Information
If you have questions concerning your rights to COBRA
continuation coverage during this period, coverage will
continuation coverage, call the COBRA administrator at
begin on the first day of the second election period.
1-877-252-8050 or write to:
However, the second election period does not extend
CMC Employee Services
the continuation coverage period available to you. Your
PO Box 139031
continuation coverage period will be measured from the
Dallas, TX 75313-9031
date you lost coverage.

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plan administration
■■ Continue Group Plan Coverage
Your Rights Under • Continue health care coverage for yourself, your
the Plans spouse or your dependents if there is a loss of
coverage under a plan as a result of a qualifying
As a participant in the following component plans, you
event. You or your dependents will have to pay
are entitled to certain rights and protections under the
for such coverage. Review the Summary Plan
Employee Retirement Income Security Act of 1974
Description and the documents governing the plan
(ERISA):
on the rules governing your COBRA continuation
■■ Medical coverage rights.
■■ Vision • Reduction or elimination of exclusionary periods
■■ Dental of coverage for preexisting conditions under your
■■ Short Term Disability
group plan, if you have creditable coverage from
another plan. You should be provided a certificate
■■ Long Term Disability of creditable coverage, free of charge, from your
■■ Life Insurance group plan or health insurance issuer when you lose
■■ Accidental Death & Dismemberment Insurance coverage under the plan, when you become entitled
■■ Business Travel Accident Insurance
to elect COBRA continuation coverage, when your
COBRA continuation coverage ends, if you request
■■ Health Care FSA it before losing coverage, of if you request it up to
■■ Dental/Vision FSA 24 months after losing coverage. Without evidence
■■ Employee Assistance Program of creditable coverage, you may be subject to a
preexisting condition exclusion for 12 months (18
ERISA provides that all plan participants shall be entitled to: months for late enrollees) after your enrollment date
■■ Receive Information About Your Plan and Benefits in your coverage.
• Examine, without charge, at the plan administrator’s
Prudent Actions by Plan Fiduciaries
office and at other specified locations, such as
In addition to creating rights for plan participants, ERISA
worksites and union halls, all documents governing
imposes duties upon the people who are responsible for
the plan, including insurance contracts and
the operation of the employee benefit plan. The people
collective bargaining agreements, and a copy of
who operate your plan, called “fiduciaries” of the plan,
the latest annual report (Form 5500 Series) filed
have a duty to do so prudently and in the interest of you
by the plan with the U.S. Department of Labor
and other plan participants and beneficiaries. No one,
and available at the Public Disclosure Room of the
including your employer, your union, or any other person,
Employee Benefits Security Administration.
may fire you or otherwise discriminate against you in any
• Obtain, upon written request to the plan
way to prevent you from obtaining a welfare benefit or
administrator, copies of documents governing the
exercising your rights under ERISA.
operation of the plan, including insurance contracts
and collective bargaining agreements, and copies Enforce Your Rights
of the latest annual report (Form 5500 Series) If your claim for a welfare benefit is denied or ignored,
and updated Summary Plan Description. The in whole or in part, you have a right to know why this
administrator may make a reasonable charge for the was done, to obtain copies of documents relating to the
copies. decision without charge, and to appeal any denial, all
• Receive a summary of the plan’s annual financial within certain time schedules.
report. The plan administrator is required by law to
Under ERISA, there are steps you can take to enforce the
furnish each participant with a copy of this summary
above rights. For instance, if you request a copy of plan
annual report.
documents or the latest annual report from the plan and
do not receive them within 30 days, you may file suit in
a federal court. In such case, the court may require the
plan administrator to provide the materials and pay you
up to $110 a day until you receive the materials, unless
the materials were not sent because of reasons beyond
the control of the plan administrator.

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plan administration

Important Notices
If you have a claim for benefits which is denied or ignored,
in whole or in part, you may file suit in a state or federal
court. In addition, if you disagree with the plan’s decision Medicare Part D (Prescription Drug) Creditable
or lack thereof concerning the qualified status of a Coverage
medical child support order, you may file suit in federal CMC has determined that the prescription drug coverage
court. provided under the Company-sponsored medical plans
is on average at least as good as the standard Medicare
If it should happen that plan fiduciaries misuse the plan’s
prescription drug coverage. As a result, you do not
money, or if you are discriminated against for asserting
need to enroll for Medicare Part D coverage when you
your rights, you may seek assistance from the U.S.
become eligible for Medicare. You may continue to use
Department of Labor, or you may file suit in a federal
your Company-sponsored coverage and you will not be
court. The court will decide who should pay court costs
subject to a Medicare penalty if you later decide to enroll
and legal fees. If you are successful the court may order
in Medicare Part D coverage.
the person you have sued to pay these costs and fees. If
you lose, the court may order you to pay these costs and For additional information, contact Employee Services.
fees, for example, if it finds your claim is frivolous.
Special Rights Upon Childbirth
Assistance with Your Questions Newborns’ and Mothers’ Health Protection Act
If you have any questions about your plan, you should Group plans and health insurance issuers generally may
contact the plan administrator. If you have any questions not, under federal law, restrict benefits for any hospital
about this statement or about your rights under ERISA, length of stay in connection with childbirth for the mother
or if you need assistance in obtaining documents from or newborn child to less than 48 hours following a vaginal
the plan administrator, you should contact the nearest delivery, or less than 96 hours following a cesarean
office of the Employee Benefits Security Administration, section. However, federal law generally does not prohibit
U.S. Department of Labor, listed in your telephone the mother’s or newborn’s attending provider, after
directory or the Division of Technical Assistance and consulting with the mother, from discharging the mother
Inquiries, Employee Benefits Security Administration, U.S. or her newborn earlier than 48 hours (or 96 hours as
Department of Labor, 200 Constitution Avenue N.W., applicable). In any case, plans and issuers may not, under
Washington, D.C. 20210. You may also obtain certain federal law, require that a provider obtain authorization
publications about your rights and responsibilities under from the plan or the insurance issuer for prescribing a
ERISA by calling the publications hotline of the Employee length of stay not in excess of 48 hours (or 96 hours).
Benefits Security Administration.
Special Rights Following Mastectomies
Women’s Health and Cancer Rights Act
If you have had or are going to have a mastectomy, you
may be entitled to certain benefits under the Women’s
Health and Cancer Rights Act (WHCRA). For individuals
receiving mastectomy-related benefits, coverage will be
provided in a manner determined in consultation with the
attending physician and the patient for:
■■ All stages of reconstruction of the breast on which the
mastectomy was performed.
■■ Surgery and reconstruction of the other breast to
produce a symmetrical appearance.
■■ Prostheses.
■■ Treatment of physical complications of all stages of
mastectomy, including lymphedemas.

128
plan administration
Your Rights Under the Family and Advance Notice and Medical Certification
Medical Leave Act of 1993 (FMLA) The employee may be required to provide advance leave
FMLA requires covered employers to provide up to notice and medical certification. Taking of leave may be
12 weeks of unpaid, job-protected leave to eligible denied if requirements are not met.
employees for certain family and medical reasons. ■■ The employee ordinarily must provide 30 days advance
Employees are eligible if they have worked for their notice when the leave is foreseeable.
employer for at least one year, and for 1,250 hours over ■■ An employer may require medical certification to
the previous 12 months, and if there are at least 50 support a request for leave because of a serious health
employees within 75 miles. FMLA permits employees to condition, and may require second or third opinions (at
take leave on an intermittent basis or to work a reduced the employer’s expense) and a fitness for duty report to
schedule under certain circumstances. return to work.
Reasons for Taking Leave Job Benefits and Protection
Unpaid leave must be granted for any of the following
■■ For the duration of FMLA leave, the employer must
reasons:
maintain the employee’s health coverage under any
■■ To care for the employee’s child after birth, or group health plan.
placement for adoption or foster care.
■■ Upon return from FMLA leave, most employees must
■■ To care for the employee’s spouse, son or daughter, or be restored to their original or equivalent positions with
parent who has a serious health condition. equivalent pay, benefits, and other employment terms.
■■ For a serious health condition that makes the employee ■■ The use of FMLA leave cannot result in the loss of any
unable to perform the employee’s job. employment benefit that accrued prior to the start of an
■■ At the employee’s or employer’s option, certain kinds of employee’s leave.
paid leave may be substituted for unpaid leave.
Unlawful Acts by Employers
Military Family Leave Entitlements FMLA makes it unlawful for any employer to:
Eligible employees with a spouse, son, daughter, or ■■ Interfere with, restrain, or deny the exercise of any right
parent on active duty or call to active duty status in the provided under FMLA.
National Guard or Reserves in support of a contingency
■■ Discharge or discriminate against any person for
operation may use their 12-week leave entitlement
opposing any practice made unlawful by FMLA or for
to address certain qualifying exigencies. Qualifying
involvement in any proceeding under or relating to
exigencies may include attending certain military events,
FMLA.
arranging for alternative childcare, addressing certain
financial and legal arrangements, attending certain Enforcement
counseling sessions, and attending post-deployment ■■ The U.S. Department of Labor is authorized to
reintegration briefings. investigate and resolve complaints of violations.
FMLA also includes a special leave entitlement that permits ■■ An eligible employee may bring a civil action against an
eligible employees to take up to 26 weeks of leave to care employer for violations.
for a covered servicemember during a single 12-month ■■ FMLA does not affect any federal or state law
period. A covered servicemember is a current member prohibiting discrimination, or supersede any state
of the Armed Forces, including a member of the National or local law or collective bargaining agreement that
Guard or Reserves, who has a serious injury or illness provides greater family or medical leave rights.
incurred in the line of duty on active duty that may render
the servicemember medically unfit to perform his or her For Additional Information
duties for which the servicemember is undergoing medical If you have access to the internet, visit the FMLA
treatment, recuperation, or therapy; or is in outpatient website at http://www.dol.gov/whd/fmla. To
status; or is on the temporary disability retired list. locate the nearest Wage-Hour Office, telephone
the Wage-Hour toll-free information and help line at
1-866-4USWAGE (1-866-487-9243): a customer service
representative is available to assist you with referral
information from 8 a.m. to 5 p.m. in your time zone;
or log onto http://www.wagehour.dol.gov.

129
plan administration

Your Rights Under the Uniformed ■■ Even if you don’t elect to continue coverage during your
Services Employment and military service, you have the right to be reinstated in
Reemployment Rights Act (USERRA) your employer’s health plan when you are reemployed,
USERRA protects the job rights of individuals who generally without any waiting periods or exclusions
voluntarily or involuntarily leave employment positions (e.g., preexisting condition exclusions) except for
to undertake military service or certain types of service service-connected illnesses or injuries.
in the National Disaster Medical System. USERRA also Enforcement
prohibits employers from discriminating against past The U.S. Department of Labor, Veterans Employment and
and present members of the uniformed services, and Training Service (VETS) is authorized to investigate and
applicants to the uniformed services. The rights listed resolve complaints of USERRA violations.
■■ For assistance in filing a complaint, or for any other
here may vary depending on the circumstances.

Reemployment Rights information on USERRA, contact VETS


You have the right to be reemployed in your civilian job at 1-866-4-USA-DOL or visit its website at
if you leave that job to perform service in the uniformed http://www.dol.gov/vets. An interactive
service and: online USERRA Advisor can be viewed at
■■ You ensure that your employer receives advance http://www.dol.gov/elaws/userra.htm.
written or verbal notice of your service, ■■ If you file a complaint with VETS and VETS is unable to
■■ You have five years or less of cumulative service in the resolve it, you may request that your case be referred
uniformed services while with that particular employer, to the Department of Justice for representation.

■■ You return to work or apply for reemployment in a ■■ You may also bypass the VETS process and bring
timely manner after conclusion of service, and a civil action against an employer for violations of
USERRA.
■■ You have not been separated from service with a
disqualifying discharge or under other than honorable Notice of Grandfathered Status for the Premium
conditions. Medical Plan
CMC believes the Premium Medical Plan is a
If you are eligible to be reemployed, you must be restored
“grandfathered health plan” under the Patient Protection
to the job and benefits you would have attained if you had
and Affordable Care Act (the Affordable Care Act). As
not been absent due to military service or, in some cases,
permitted by the Affordable Care Act, a grandfathered
a comparable job.
health plan can preserve certain basic health coverage
Right To Be Free From Discrimination and that was already in effect when that law was enacted.
Retaliation Being a grandfathered health plan means that the
An employer may not discriminate or retaliate against a Premium Plan may not include certain consumer
person because of his/her status as: protections of the Affordable Care Act that apply to other
■■ A past or present member of the uniformed service, plans, for example, the requirement for the provision
of preventive health services without any cost sharing.
■■ An applicant for membership in the uniformed service,
However, grandfathered health plans must comply with
or
certain other consumer protections in the Affordable
■■ A person obligated to serve in the uniformed service. Care Act, for example, the elimination of lifetime limits on
This includes decisions regarding initial employment, benefits.
reemployment, retention in employment, promotion, or Questions regarding which protections apply and which
any benefit of employment. protections do not apply to a grandfathered health
In addition, an employer may not retaliate against anyone plan and what might cause a plan to change from
assisting in the enforcement of USERRA rights, including grandfathered health plan status can be directed to the
testifying or making a statement in connection with a plan administrator through CMC’s Employee Services
proceeding under USERRA, even if that person has no Department. You may also contact the Employee Benefits
service connection. Security Administration, U.S. Department of Labor at
1‑866‑444-3272 or www.dol.gov/ebsa/healthreform.
Health Insurance Protection This website has a table summarizing which protections
■■ If you leave your job to perform military service, do and do not apply to grandfathered health plans.
you have the right to elect to continue your existing
employer-based health plan coverage for you and your
dependents for up to 24 months while in the military.

130
Glossary of Terms
This section defines words and phrases for purposes of ■■ Services or supplies provided in Texas by non-
the CMC Welfare Benefit Plan. An entry that is specific network physicians and other professional
to a component plan(s) is followed by the name of the providers The lesser of the billed charge or the
component plan(s) to which it applies. amount the claim administrator would consider for
payment for the same service or supply if performed
Accidental Death & Dismemberment Insurance Plan
or provided by a physician or other professional

glossary
The Commercial Metals Company Accidental Death &
provider with similar experience and/or skill. If the claim
Dismemberment Insurance Plan. Also referred to as the
administrator does not have sufficient data to calculate
AD&D Insurance Plan.
the allowable amount for a particular service or supply,
Accidental Injury - Medical Accidental bodily injury the allowable amount is based on the complexity of
resulting, directly and independently of all other causes, the service or supply and any unusual circumstances
in initial necessary care provided by a physician or other or medical complications specifically brought to the
professional provider. claim administrator’s attention that require additional
experience, skill, and/or time.
Acquired Brain Injury - Medical A neurological
injury to the brain that is not hereditary, congenital, or ■■ Services or supplies provided outside of Texas by
degenerative. The injury must occur after birth and non-network physicians and other professional
result in a change in neuronal activity that impairs providers An amount established by the claim
physical functioning, sensory processing, cognition, or administrator using Texas regional or state allowable
psychosocial behavior. amounts applicable to services or supplies provided by
physicians or other professional providers with similar
Air Bag – AD&D A passive restraint device in an skills and experience.
■■ Multiple surgeries The allowable amount for all
automobile that inflates automatically upon collision to
provide protection in automobile accidents. The air bag
surgical procedures performed on the same patient on
must meet the Federal Vehicle Safety Standards of the
the same day is the amount for the single procedure
National Highway Traffic Safety Administration and be
with the highest allowable amount plus one-half of
installed by the manufacturer.
the allowable amount for each of the other covered
Air Bag - BTA An inflatable restraint device that meets procedures performed.
published United States government safety standards, is ■■ Drugs administered by a home infusion therapy
properly installed, and is not altered after the installation. provider The lesser of the actual charge or the
Allowable Amount - Medical The maximum amount average wholesale price (AWP) plus a predetermined
determined by the claim administrator to be eligible for percentage mark-up or mark-down from the AWP
consideration of payment for a particular service, supply, established by the claim administrator and updated on
or prescription drug as follows: a periodic basis.

■■ Network providers An amount based on the terms of ■■ Services or supplies provided to Medicare
the provider contract and the payment methodology recipients The allowable amount will not exceed
in effect on the date of service. The payment Medicare’s limiting charge.
methodology used may include diagnosis-related ■■ Covered drugs The allowable amount for network
groups (DRG), fee schedule, package pricing, global pharmacies and the mail service pharmacy is based
pricing, per diems, case-rates, discounts, or other on the provisions of the contract between the claim
payment methodologies. administrator and the pharmacy in effect on the date of
■■ Non-network hospitals and other facilities The service.
amount the claim administrator would consider Allowable Expense - Dental Coordination of Benefits
for payment for the same service or supply at an Provision A necessary dental expense that a covered
equivalent network hospital or other network facility person is required to pay and which is at least partly
using Texas regional or state fee schedules or rate covered by one or more of the plans that provide benefits
and payment methodologies. For hospitals or other to the covered person.
facilities where fee schedules or rate payments are not
appropriate, the allowable amount is the lesser of the
billed charge or a per diem established by the claim
administrator.

131
If a plan provides fixed benefits for specified events Business Travel Accident Insurance Plan The
or conditions (instead of benefits based on expenses Commercial Metals Company Business Travel Accident
incurred) those benefits are allowable expenses. If a plan Insurance Plan. Also referred to as the BTA Insurance
provides benefits in the form of services, the reasonable Plan.
cash value of each service performed is treated as both
Calendar Year The period commencing on January 1
an allowable expense and a benefit paid by that plan.
glossary

and ending on the next December 31.


Allowable expenses do not include:
Cast Restoration - Dental An inlay, onlay, or crown.
■■ Expenses for services performed because of a job-
related injury or sickness. Certificate of Airworthiness - BTA The standard

■■ Any amount of expenses in excess of the higher


airworthiness certificate issued by the Federal Aviation
Agency (or successor agency) of the United States or the
reasonable and customary fee for a service if two or
equivalent issued by the governmental authority having
more plans calculate their benefit payments on the
jurisdiction over civil aviation in the country of registry.
basis of reasonable and customary fees.
■■ Any amount of expenses in excess of the higher Chartered Aircraft - BTA An aircraft that is hired by the
negotiated fee for a service if two or more plans Company for a period of time that is less than 10 days.
calculate their benefit payments on the basis of Chemical Dependency Treatment Center - Medical
negotiated fees. A facility that provides a program for the treatment of
■■ Any amount of benefits that a primary plan does not chemical dependency pursuant to a written treatment
pay because the covered person fails to comply with plan approved and monitored by a physician. The facility
the primary plan’s managed care or utilization review must be:
provisions including provisions requiring second ■■ Affiliated with a hospital under a contractual agreement
surgical opinions, pre-certification of services, use of with an established system for patient referral,
■■ Accredited as such a facility by the Joint Commission
providers in a plan’s network of providers, or any other
similar provisions.
on Accreditation of Healthcare Organizations,
Annual Pay – AD&D, BTA, Life For other than ■■ Licensed as a chemical dependency treatment
commission employees and mileage-paid truck drivers, program by the Texas Commission on Alcohol and
the covered employee’s current annualized base rate Drug Abuse, or
■■ Licensed, certified, or approved as a chemical
of pay received from CMC in the prior calendar year.
For commission employees (if 25% or more of your
dependency treatment program or center by any other
total annual base pay in the prior calendar year), annual
state agency that has the legal authority to issue the
earnings also include the amount of commissions
license, certification, or approval.
received in the prior year. For mileage-paid truck drivers,
CMC performs a special annual earnings calculation that Child Care Program – AD&D A center of child care that:
recognizes a number of components including mileage ■■ If licensing is required, holds a license as a day care
and load hauled. center, or is operated by a licensed day care provider
Appropriate Available Treatment - LTD, STD You – or – if licensing is not required, operates primarily for
must be under the ongoing care of a physician in the the care of children on a daily basis for 12 months a
appropriate specialty as determined by The Standard. year.
■■ Is operated in a private home, school or other facility.
Automobile – AD&D A private passenger motor vehicle
licensed for use on public highways. ■■ Customarily charges for the care provided.

Average Wholesale Price - Medical Any one of the A child care program does not include a hospital, the
recognized published averages of the prices charged by dependent child’s home, or care provided during normal
wholesalers in the United States for drug products sold to school hours while a dependent child is attending grades
pharmacies. one through three.

Benefit Authorization - Vision Authorization issued by Claim Administrator - Medical Blue Cross and Blue
VSP identifying the individual named as a covered person Shield of Texas (BCBSTX). As part of its duties as claim
of VSP, and identifying those plan benefits to which a administrator, BCBSTX may subcontract portions of its
covered person is entitled. responsibilities.

132
Clinical Ecology - Medical The inpatient or outpatient The maximum amount Delta Dental will use for calculating
diagnosis or treatment of allergic symptoms by one of the the Benefits for a Single Procedure. The Contract
following methods: Allowance for services provided:
■■ Cytotoxicity testing (testing the result of food or inhalant ■■ By Delta Dental PPO Dentists is the lesser of the
by whether or not it reduces or kills white blood cells). Dentist’s submitted fee, the Delta Dental PPO Dentist’s
■■ Urine auto injection (injecting one’s own urine into the

glossary
Fee or the Dentist’s filed fee with Delta Dental in the
tissue of the body). Contracting Dentist Agreement.

■■ Skin irritation by Rinkel method. ■■ By Delta Dental Premier Dentists (who are not PPO

■■ Subcutaneous provocative and neutralization testing


Dentists) is the lesser of the Dentist’s submitted fee, the
Dentist’s filed fee with Delta Dental in the Contracting
(injecting the patient with allergen).
Dentist Agreement or the Maximum Plan Allowance
■■ Sublingual provocative testing (placing droplets of (MPA); or
■■ By Non-Delta Dental Dentists is the lesser of the
allergenic extracts in the patient’s mouth).

COBRA The Consolidated Omnibus Budget Dentist’s submitted fee or the MPA.
Reconciliation Act (COBRA) of 1985, as amended.
Copay An amount required to be paid by or on behalf of
Coinsurance - Dental, Vision The percentage of a covered person for benefits that are not fully covered.
charges for covered expenses that a covered person is
Cosmetic, Reconstructive, or Plastic Surgery -
required to pay under the plan.
Medical
Common Carrier - AD&D A public conveyance that Surgery that:
is operated by a licensed common carrier for the ■■ Can be expected or is intended to improve the physical
transportation of the general public for a fare and appearance of a participant,
■■ Is performed for psychological purposes, or
which operates on regular passenger routes within the
continental United States, Alaska and Hawaii, with a
definite schedule of departures and arrivals. ■■ Restores form but does not correct or materially restore
a bodily function.
Common Carrier - BTA A government-regulated
entity that is in the business of transporting fare-paying Covered Accident - AD&D A sudden, unforeseeable,
passengers. The term does not include chartered external event that results directly and independently of
or other privately-arranged transportation, taxis, or all other causes in a covered loss and meets all of the
limousines. following conditions:
■■ Occurs while the covered person is covered under the
Community Reintegration Services - Medical Services
plan.
that facilitate the continuation of care when an affected
individual transitions into the community. ■■ Is not contributed to by disease, sickness, or mental or
bodily infirmity.
■■ Is not otherwise excluded under the terms of the plan.
Company Commercial Metals Company. Also referred to
as CMC.
Covered Accident - BTA An unexpected, unintentional
Company-sponsored Retirement Plan - LTD Includes
or unforeseeable event or occurrence that happens
any retirement plan:
suddenly and violently, results directly and independently
■■ That is part of any federal, state, municipal or of all other causes in a covered loss, occurs during
association retirement system, or business travel while the covered employee is insured
■■ For which the employee is eligible as a result of under the plan, and is not otherwise excluded under the
employment with the Company. plan.

Consumer Price Index (CPI) - LTD The Consumer Price Covered Loss - AD&D, BTA A loss that meets all of the
Index for Urban Wage Earners and Clerical Workers following conditions. It is:
published by the U.S. Department of Labor. If the index ■■ The result, directly and independently of all other
is discontinued or changed, another nationally published causes, of a covered accident.
■■ One of the losses specified in the plan as a covered
index that is comparable to the CPI will be used.

Contract Allowance - Dental loss.


■■ Suffered by a covered person within the applicable
time period specified in the plan.

133
Covered Person An individual who is covered under a ■■ Coverage for only a specified disease or illness or
plan. hospital indemnity or other fixed indemnity insurance.

Creditable Coverage - Medical Coverage provided ■■ Medicare supplemental health insurance (as defined
under: under the Social Security Act), also referred to as

■■ A self-funded or self-insured employee group health


Medigap or MedSupp insurance.
■■ Coverage supplemental to the coverage provided
glossary

plan.
■■ An individual or group health insurance indemnity or
under Chapter 55, Title 10, United States Code (also
known as TRICARE supplemental programs).
HMO plan.
■■ Similar supplemental coverage provided to coverage
■■ Medicare Part A or Part B.
under a group health plan.
■■ Medicaid (except coverage solely for pediatric
vaccines). Crisis Stabilization Unit or Facility - Medical An

■■ Armed forces health coverage.


institution that is appropriately licensed and accredited
as a crisis stabilization unit or facility for the provision of
■■ A medical care program of the Indian Health Service or mental health care and serious mental illness services
of a tribal organization. to persons who are demonstrating acute demonstrable
■■ A state health benefits risk pool. psychiatric crises of moderate to severe proportions.
■■ The federal employees health benefits program. Custodial Care - Medical Care comprised of services
■■ A public health plan established or maintained by a and supplies, including room and board and other
state, the U.S. government, a foreign country, or any institutional services, provided to a participant primarily
political subdivision of a state, the U.S. government, to assist in activities of daily living and to maintain life
or a foreign country that provides health coverage to and/or comfort with no reasonable expectation of cure
individuals who are enrolled in the plan. or improvement of sickness or injury. Custodial care is
■■ The Peace Corps Act health benefit plan. not a necessary part of medical treatment for recovery.

■■ The State Children’s Health Insurance Program.


It includes, but is not limited to, helping a participant
walk, bathe, dress, eat, prepare special diets, and take
Creditable Coverage does not include: medication.
■■ Coverage only for accident (including accidental death Custodial Parent - Dental A parent awarded custody,
and dismemberment). other than joint custody, by a court decree. In the
■■ Disability income coverage. absence of a court decree, the parent with whom the
■■ Liability insurance, including general liability insurance child resides more than half of the year without regard to
and automobile liability insurance. any temporary visitation.

■■ Coverage issued as a supplement to liability insurance. Dental Hygienist - Dental A person trained to remove
■■ Workers’ compensation or similar coverage. calcareous deposits and stains from the surfaces of

■■ Automobile medical payment insurance.


teeth and provide information on the prevention of oral
disease. A dental hygienist does not include the covered
■■ Credit-only insurance (for example, mortgage person, his/her spouse or any member of the covered
insurance). person’s immediate family including his/her or his/her
■■ Coverage for onsite medical clinics. spouse’s parents, children (natural or adopted), siblings,
■■ Limited scope dental benefits, vision benefits, or long- grandparents, or grandchildren.
term care benefits if they are provided under a separate Dental Plan The Commercial Metals Company Dental
policy, certificate, or contract of insurance. Plan.
■■ Flexible spending accounts (FSAs) if they meet the
Dental/Vision Flexible Spending Account Plan - The
definition of a health FSA under the Internal Revenue
Commercial Metals Company Dental/Vision Flexible
Code and (a) the maximum annual benefit payable
Spending Account Plan. Also referred to as the Dental/
for the employee does not exceed two times the
Vision FSA Plan.
employee’s salary reduction election under the FSA
for that year, and (b) the employee has other coverage Dentally Necessary - Dental A dental service or
available under a group health plan of the employer treatment that is performed in accordance with generally
for the year, and (c) the other coverage is not limited to accepted dental standards as determined by Delta Dental
benefits that are excepted benefits. and which is:

134
■■ Necessary to treat decay, disease or injury of the teeth, Diabetic Participant - Medical A participant who has
or been diagnosed with insulin dependent or non-insulin
■■ Essential for the care of the teeth and supporting dependent diabetes, elevated blood glucose levels
tissues of the teeth. induced by pregnancy, or another medical condition
associated with elevated blood glucose levels.
Dentist - Dental Refers to:

glossary
■■ A person licensed to practice dentistry in the
Dietary and Nutritional Services - Medical The
education, counseling, or training of a participant
jurisdiction where the services are performed, or
(including printed material) regarding diet, regulation or
■■ Any other person whose services, according to management of diet, or the assessment or management
applicable law, must be treated as dentist’s services for of nutrition.
purposes of the plan. Each person must be licensed in
the jurisdiction where the services are performed and Direct and Sole Cause - BTA The covered loss occurs
must act within the scope of that license. The person within 12 months of the date of an accidental injury
must also be certified and/or registered if required by sustained in a covered accident and is the direct result of
the applicable jurisdiction. that accidental injury independent of other causes.

A dentist also includes a physician who performs a Disability Benefits Under a Retirement Plan - LTD
service that is covered under the plan. Money that:
■■ Is payable under a retirement plan due to disability as
Dentures - Dental Fixed partial dentures (bridgework),
defined in that plan, and
removable partial dentures, and removable full dentures.
■■ Does not reduce the amount of money that would
Dependent Day Care Flexible Spending Account have been paid as retirement benefits at the normal
Plan - The Commercial Metals Company Dependent Day retirement age under the plan if the disability had not
Care Flexible Spending Account Plan. Also referred to as occurred. (If the payment does cause a reduction, it will
the Dependent Day Care FSA Plan. be deemed a retirement benefit under a retirement plan
Diabetes Self-Management Training - Medical The as defined in this glossary.)
development of an individualized management plan Durable Medical Equipment Provider - Medical
that is created for and in collaboration with the diabetic A provider that provides therapeutic supplies and
participant (and/or his or her family) to understand the rehabilitative equipment and is accredited by the
care and management of diabetes, including nutritional Joint Commission on Accreditation of Healthcare
counseling and proper use of diabetes equipment and Organizations.
diabetes supplies.
Eligible Expenses - Medical Inpatient hospital
Diabetic Management Services - Medical Initial and expenses, medical-surgical expenses, extended care
follow-up instruction for a diabetic participant or his/her expenses, and other covered expenses as specified
caretaker concerning: under the plan.
■■ The physical cause and process of diabetes.
Eligible Individual - Medical You must meet the
■■ Nutrition, exercise, medications, monitoring of following requirements:
■■ You must be covered under a high deductible health
laboratory values and the interaction of these in the
effective self-management of diabetes.
plan (HDHP)
■■ Prevention and treatment of special health problems for
■■ You have no other health coverage except what is
the diabetic patient.
permitted by law.
■■ Adjustment to lifestyle modifications.
■■ You are not enrolled in Medicare.
■■ Family involvement in the care and treatment of the
■■ You cannot be claimed as a dependent on someone
diabetic patient. (The family is included in certain
else’s tax return.
sessions of instruction for the patient.)

135
Emergency Care - Medical Health care services ■■ Have been demonstrated in peer reviewed literature to
provided in a hospital emergency facility (emergency have scientifically established medical value for curing
room) or comparable facility to evaluate and stabilize or alleviating the condition being treated,
medical conditions of a recent onset and severity, ■■ Are appropriate for the hospital or other facility in which
including but not limited to severe pain, that would lead they are performed, and
■■ The physician or other professional provider has had
a prudent lay person possessing an average knowledge
glossary

of medicine and health to believe that the person’s


the appropriate training and experience to provide the
condition, sickness, or injury is of such a nature that
treatment or procedure.
failure to get immediate care could result in one or more
of the following: The claim administrator determines whether any
■■ Placing the patient’s health in serious jeopardy. treatment, procedure, facility, equipment, drug, device, or

■■ Serious impairment of bodily functions.


supply is experimental or investigational, and will consider
the guidelines and practices of Medicare, Medicaid,
■■ Serious dysfunction of any bodily organ or part. or other government-financed programs in making its
■■ Serious disfigurement. determination.
■■ In the case of a pregnant woman, serious jeopardy to Although a physician or other professional provider may
the health of the fetus. have prescribed treatment, and the services or supplies
Employee Assistance Program T he Commercial Metals may have been provided as the treatment of last resort,
Company Employee Assistance Program. Also referred to the claim administrator still may determine the services or
as the EAP. supplies to be experimental or investigational under this
definition. Treatment provided as part of a clinical trial or a
Environmental Sensitivity - Medical The inpatient or research study is experimental or investigational.
outpatient treatment of allergic symptoms by: controlled
environment; sanitizing the surroundings, removal of toxic Experimental Nature - Vision Procedure or lens that
materials; or use of special non-organic, non-repetitive is not used universally or accepted by the vision care
diet techniques. profession, as determined by VSP.

ERISA The Employee Retirement Income Security Act of Extended Care Expenses - Medical The allowable
1974, as amended. amount of charges incurred for medically necessary
services and supplies provided by a skilled nursing
Evidence of Insurability (EOI) - Life, LTD A statement facility, a home health agency, or a hospice.
of proof of an individual’s medical history upon which
acceptance for insurance is determined by an insurance FDA The United States Food and Drug Administration.
company. Evidence of insurability must be obtained at the Generic Drug - Medical A drug that is approved by the
individual’s expense. FDA as pharmaceutically and therapeutically equivalent
Experimental or Investigational - Medical The use for a particular use or purpose to the brand name drug
of any treatment, procedure, facility, equipment, drug, prescribed.
device, or supply not accepted as standard medical Government Plan - Dental Any plan, program, or
treatment for the applicable condition or that require coverage that is established under the laws or regulations
federal or other governmental agency approval if it is not of any government. The term does not include Medicare
granted at the time services are provided. Approval by or any plan, program or coverage provided by a
a federal agency means that the treatment, procedure, government as an employer.
facility, equipment, drug, device, or supply has been
approved for the applicable condition and, in the case of Hazardous Activity - BTA An activity that exposes
a drug, in the dosage used on the patient. For purposes a covered employee to dangerous conditions and
of this definition, medical treatment includes medical, significantly increases risk of death or bodily injury.
surgical, or dental treatment.

Standard medical treatment means the services or


supplies that are in general use in the medical community
in the United States and:

136
Health Benefit Plan - Medical A group, blanket, or ■■ Coverage that provides other limited benefits specified
franchise insurance policy; a certificate issued under by federal regulations.
a group policy; a group hospital service contract; or a
Health Care Flexible Spending Account Plan T  he
group subscriber contract or evidence of coverage issued
Commercial Metals Company Health Care Flexible
by a health maintenance organization that provides
Spending Account Plan. Also referred to as the Health
benefits for health care services. The term does not

glossary
Care FSA Plan.
include:
■■ Accident only or disability income insurance, or a Health Savings Account (HSA) - Medical A tax-
combination of accident-only and disability income exempt trust or custodial account that you set up with a
insurance. qualified HSA trustee to pay or reimburse certain medical

■■ Credit-only insurance.
expenses you incur. You must be an eligible individual to
qualify for an HSA.
■■ Disability insurance coverage.
■■ Coverage for a specified disease or illness.
Home Health Agency - Medical A business that
provides home health care and is licensed, approved, or
■■ Medicare services under a federal contract. certified by the appropriate agency of the state in which
■■ Medicare supplement and Medicare Select policies it is located or is certified by Medicare as a supplier of
regulated in accordance with federal law. home health care.
■■ Long-term care coverage or benefits, home health care Home Health Care - Medical Health care services
coverage or benefits, nursing home care coverage or provided during a visit by a home health agency to
benefits, community-based care coverage or benefits, patients confined at home due to a sickness or injury
or any combination of those coverages or benefits. requiring skilled health services on an intermittent, part-
■■ Coverage that provides limited-scope dental or vision time basis.
benefits.
Home Infusion Therapy - Medical The administration of
■■ Coverage provided by a single service health fluids, nutrition, or medication (including all additives and
maintenance organization. chemotherapy) by intravenous or gastrointestinal (enteral)
■■ Coverage issued as a supplement to liability insurance. infusion or by intravenous injection in the home setting.
■■ Workers’ compensation or similar insurance. Home infusion therapy includes:

■■ Automobile medical payment insurance coverage. ■■ Drugs and IV solutions.

■■ Jointly managed trusts authorized under 29 U.S.C. ■■ Pharmacy compounding and dispensing services.
Section 141, et seq., that: ■■ Equipment and ancillary supplies necessitated by the
• Contain a plan of benefits for employees, defined therapy.
• Are negotiated in a collective bargaining agreement ■■ Delivery services.
■■ Patient and family education.
governing wages, hours, and working conditions of
the employees, and
• Are authorized under 29 U.S.C. Section 157. ■■ Nursing services.

■■ Hospital indemnity or other fixed indemnity insurance. Over-the-counter products that do not require a
■■ Reinsurance contracts issued on a stop-loss, quota- physician’s or other professional provider’s prescription,
share, or similar basis. including but not limited to standard nutritional

■■ Short-term major medical contracts.


formulations used for enteral nutrition therapy, are not
included.
■■ Liability insurance, including general liability insurance
and automobile liability insurance. Home Infusion Therapy Provider - Medical An entity

■■ Other coverage that is:


that is duly licensed by the appropriate state agency to
provide home infusion therapy.
• Similar to the coverage described in these
exclusions under which benefits for medical care are Hospice - Medical A facility or agency primarily engaged
secondary or incidental to other insurance benefits, in providing skilled nursing services and other therapeutic
and services for terminally ill patients and that is:
• Specified in federal regulations. ■■ Licensed in accordance with state law (where state law
■■ Coverage for onsite medical clinics. provides for such licensing), or
■■ Certified by Medicare as a supplier of hospice care.

137
Hospice Care - Medical Services provided by a hospice Bed patient means confinement in a bed accommodation
to patients confined at home or in a hospice facility due of a chemical dependency treatment center on a 24-hour
to a terminal sickness or terminal injury requiring skilled basis or in a bed accommodation located in a portion of a
health care services. hospital that is designed, staffed, and operated to provide
acute, short-term hospital care on a 24-hour basis. The
Hospital - Medical A short-term acute care facility that
term does not include confinement in a portion of a
glossary

meets all of the following requirements. It:


hospital (other than a chemical dependency treatment
■■ Is duly licensed as a hospital by the state in which center) designed, staffed, and operated to provide long-
it is located and meets the standards established term institutional care on a residential basis.
for that licensing, and is either accredited by the
Joint Commission on Accreditation of Healthcare Identification (ID) Card - Medical The card issued
Organizations or is certified as a hospital provider to the employee by the claim administrator indicating
under Medicare. pertinent coverage information.

■■ Is primarily engaged in providing inpatient diagnostic Imaging Center - Medical A provider that furnishes
and therapeutic services for the diagnosis, treatment, technical or total services with respect to diagnostic
and care of injured and sick persons by or under the imaging services and is licensed through the Texas State
supervision of physicians for compensation from its Radiation Control Agency.
patients.
Independent Laboratory - Medical A Medicare certified
■■ Has organized departments of medicine and major laboratory that provides technical and professional
surgery, either on its premises or in facilities available anatomical and/or clinical laboratory services.
to the hospital on a contractual prearranged basis, and
maintains clinical records on all patients. Injury - AD&D, Life Bodily impairment resulting directly

■■ Provides 24-hour nursing services by or under the


from an accident and independently of all other causes.

supervision of a registered nurse. Injury - LTD An injury to the body.


■■ Has in effect a hospital utilization review plan. Injury - STD Bodily impairment resulting directly from an
■■ Is not, other than incidentally, a skilled nursing facility, accident and independently of all other causes.
nursing home, custodial care home, health resort, spa
For the purpose of determining benefits under the plan:
or sanitarium, place for rest, place for the aged, place
for the treatment of chemical dependency, hospice, or ■■ Any disability that begins more than 60 days after an
place for the provision of rehabilitative care. injury is considered a sickness, and
■■ Any injury that occurs before the employee is covered
Hospital - LTD A legally operated hospital providing
under the plan, but which accounts for a medical
full-time medical care treatment under the direction of a
condition that arises while the employee is covered
full-time staff of licensed physicians. Rest homes, nursing
under the plan is treated as a sickness.
homes, convalescent homes for the aged, and facilities
primarily affording custodial, educational, or rehabilitative Inpatient Hospital Expenses - Medical The allowable
care are not hospitals. amounts incurred for medically necessary services and
supplies for the care of a participant provided that the
Hospital Admission - Medical The period between the
items are:
time of a participant’s entry into a hospital or a chemical
dependency treatment center as a bed patient and the ■■ Furnished at the direction or prescription of a physician
time of discontinuance of bed-patient care or discharge or other professional provider,
by the admitting physician or other professional provider, ■■ Provided by a hospital or a chemical dependency
whichever occurs first. The day of entry, but not the day treatment center, and
of discharge or departure, is considered in determining ■■ Furnished to and used by the participant during an
the length of a hospital admission. If a participant is inpatient hospital admission.
admitted to and discharged from a hospital within a
24-hour period but is confined as a bed patient in a Inpatient hospital expenses include:
bed accommodation during the period of time he/she is ■■ Room accommodation charges. If the patient is in a
confined in the hospital, the admission is considered a private room, the amount of the room charge in excess
hospital admission. of the hospital’s average semiprivate room charge is
not an eligible expense.

138
■■ Other usual hospital services, including drugs and Marriage and Family Therapy - Medical The provision
medications that are medically necessary and of professional therapy services to individuals, families,
consistent with the condition of the patient. Charges for or married couples, singly or in groups, and involves
personal items are not eligible expenses. the professional application of family systems theories
and techniques in the delivery of therapy services to
An expense is considered to be incurred on the date the
those persons. The term includes the evaluation and

glossary
service or supply is provided.
remediation of cognitive, affective, behavioral, or relational
Charges for medically necessary mental health care or dysfunction within the context of marriage or family
treatment of serious mental illness in a psychiatric day systems.
treatment facility, a crisis stabilization unit or facility, or a
Material Duties - LTD, STD The essential tasks,
residential treatment center for children and adolescents,
functions and operations, and the skills, abilities,
in lieu of hospitalization, are considered inpatient hospital
knowledge, training and experience, generally required by
expenses.
employers from those engaged in a particular occupation
Insulin Pumps - Medical For purposes of coverage that cannot be reasonably modified or omitted. In no
under the plan, refers to external and implantable insulin event will working an average of more than 40 hours per
pumps and associated accessories, which include week be considered a material duty.
insulin infusion devices, batteries, skin preparation items,
Maternity Care - Medical Care and services provided
adhesive supplies, infusion sets, insulin cartridges,
for treatment of the condition of pregnancy, other than
durable and disposable devices to assist in the injection
complications of pregnancy.
of insulin, and other required disposable supplies.
Also includes repairs and necessary maintenance of Maximum Plan Allowance (MPA) - Dental
insulin pumps not otherwise provided for under the The maximum amount Delta Dental will reimburse for a
manufacturer’s warranty or purchase agreement, covered procedure. Delta Dental establishes the MPA for
rental fees for pumps during the repair and necessary each procedure through a review of proprietary filed fee
maintenance of insulin pumps, neither of which may data and actual submitted claims. MPAs are set annually
exceed the purchase price of a similar replacement to reflect charges based on actual submitted claims from
pump. providers in the same geographical area with similar
professional standing. The MPA may vary by the type of
Intoxication - BTA A blood alcohol level that meets or
contracting Dentist.
exceeds the level that creates a legal presumption of
intoxication under the laws of the jurisdiction in which the Medicaid A state program of medical aid for needy
incident occurs. persons established under Title XIX of the Social Security
Act of 1965, as amended.
Leased or Controlled Aircraft - BTA An aircraft that:
■■ Has been leased, rented or borrowed by the Company Medical Plan T
 he Commercial Metals Company Medical
for at least 10 consecutive days, Plan.

■■ Subject to the terms of the lease agreement, can be Medical Social Services - Medical Social services
used at the Company’s discretion, and relating to the treatment of a participant’s medical
■■ Cannot be altered or sold by the Company without the condition. Services include, but are not limited to,
consent of the owner or lessor. assessment of the:
■■ Social and emotional factors related to the participant’s
Legend Drugs - Medical Drugs, biologicals, or
sickness, need for care, response to treatment, and
compounded prescriptions that are required by law to
adjustment to care, and
have a label stating “Caution - Federal Law Prohibits
Dispensing Without a Prescription,” and which are ■■ Relationship of the participant’s medical and nursing
approved by the FDA for a particular use or purpose. requirements to the home situation, financial resources,
and available community resources.
Life Insurance Plan T he Commercial Metals Company
Life Insurance Plan. Medical-Surgical Expenses - Medical
The allowable amount for charges incurred for medically
Long Term Disability Plan T
 he Commercial Metals necessary services or supplies for the care of a
Company Long Term Disability Plan. Also referred to as participant provided the items are:
■■ Furnished by or at the direction or prescription of a
the LTD Plan.
physician or other professional provider, and

139
■■ Not included as an inpatient hospital expense or Mental Disorder - LTD, STD Any mental, emotional,
extended care expense under the plan. behavioral, psychological, personality, cognitive, mood
or stress-related abnormality, disorder, disturbance,
A service or supply is furnished at the direction of a
dysfunction or syndrome, regardless of cause (including
physician or other professional provider if the service or
any biological or biochemical disorder or imbalance
supply is:
of the brain) or the presence of physical symptoms.
glossary

■■ Provided by a person employed by the directing Mental disorder includes, but is not limited to, bipolar
physician or other professional provider, affective disorder, organic brain syndrome, schizophrenia,
■■ Provided at the usual place of business of the directing psychotic illness, manic depressive illness, depression
physician or other professional provider, and and depressive disorders, anxiety and anxiety disorders.
■■ Billed to the patient by the directing physician or other Morbid Obesity - Medical A body mass index (BMI) of
professional provider. greater than or equal to 40 kg/meter2 or a BMI greater
An expense is considered to be incurred on the date the than or equal to 35 kg/meters2 with at least two of the
service or supply is provided. following co-morbid conditions that have not responded
to a maximum medical management and which are
Medicare T  he program of medical care benefits provided generally expected to be reversed or improved by
under Title XVIII of the Social Security Act of 1965, as bariatric treatment:
■■ Hypertension
amended.

Mental Health Care - Medical Any one or more of the ■■ Dyslipidmia


■■ Type 2 diabetes
following:
■■ The diagnosis or treatment of a mental disease, disorder,
■■ Coronary heart disease
or condition listed in the Diagnostic and Statistical
Manual of Mental Disorders of the American Psychiatric ■■ Sleep apnea
Association, as revised, or any other diagnostic coding National Drug Code (NDC) - Medical A national
system as used by the claim administrator, whether or classification system for the identification of drugs.
not the cause of the disease, disorder, or condition is
physical, chemical, or mental in nature or origin. Network Benefits - Medical The benefits available under

■■ The diagnosis or treatment of any symptom,


the plan for services and supplies that are provided by a
network provider or a non-network provider if authorized
condition, disease, or disorder by a physician or other
by the claim administrator.
professional provider (or by any person working under
the direction or supervision of a physician or other Network Dentist - Dental A dentist who participates in
professional provider) when the eligible expense is: the Premier and/or PPO network and has a contractual
• Individual, group, family, or conjoint psychotherapy, agreement with Delta Dental to accept the maximum
• Counseling, allowed charge as payment in full for a dental service.
• Psychoanalysis,
Network Doctor - Vision A Choice Network optometrist
• Psychological testing and assessment,
or ophthalmologist licensed and otherwise qualified to
• The administration or monitoring of psychotropic
practice vision care and/or provide vision care materials
drugs, or
who has contracted with VSP to provide vision care
• Hospital visits or consultations in a hospital, other
services and/or vision care materials on behalf of covered
facility, or other licensed facility or unit providing the
persons.
service.
■■ Electroconvulsive treatment.
■■ Psychotropic drugs.
■■ Any of the services listed above, performed in or by a
hospital, other facility, or other licensed facility or unit
providing the service.

140
Network Facility - Medical A hospital or any other Non-Network Dentist - Dental Non-Network Dentist
facility or institution with which the claim administrator – Dental A Dentist who is neither a Premier nor a PPO
has executed a written contract for the provision of care, Dentist and who is not contractually bound to abide by
services, or supplies furnished within the scope of its Delta Dental’s administrative guidelines.
license for benefits available under the plan. A contracting
Non-Network Facility - Medical A hospital or any
facility also includes a hospital or other facility located

glossary
other facility or institution that has not executed a written
outside the state of Texas, and with which any other Blue
contract with the claim administrator for the provision of
Cross Plan has executed a written contract; however, any
services or supplies for which benefits are provided under
such hospital or other facility that fails to satisfy each and
the plan. Also, a hospital or any other facility or institution
every requirement under that plan will be deemed a non-
that has an expired or canceled contract with the claim
network facility regardless of the existence of a written
administrator.
contract with another Blue Cross Plan.
Non-Network Pharmacy - Medical A retail pharmacy
Network Pharmacy - Medical An independent retail
that has not entered into an agreement to provide
pharmacy or chain of retail pharmacies that have entered
prescription drug services to participants under the plan.
into an agreement to provide prescription drug services
to participants under the plan. Non-Network Provider - Medical A hospital, physician,
or other provider who has not entered into an agreement
Network Specialty Drug Pharmacy - Medical
with the claim administrator (or other participating Blue
An independent retail pharmacy or chain of retail
Cross and/or Blue Shield plan) as a network provider.
pharmacies that have entered into an agreement to
provide certain intramuscular injectable specialty Non-Network Provider - Vision Any optometrist,
prescription drugs to participants under the plan. optician, ophthalmologist, or other licensed and qualified
vision care provider who has not contracted with VSP to
Neurobehavioral Testing - Medical An evaluation of the
provide vision care services and/or vision care materials
history of neurological and psychiatric difficulty, current
to covered persons.
symptoms, current mental status, and pre-morbid history,
including the identification of problematic behavior and Non-preferred Brand Name Drug - Medical A brand
the relationship between behavior and the variables name drug that does not appear on the preferred brand
that control behavior. This may include interviews of the name drug list.
individual, family, or others.
Other Limited Conditions - LTD Chronic fatigue
Neurocognitive Rehabilitation - Medical Services conditions (such as chronic fatigue syndrome, chronic
designed to assist cognitively impaired individuals fatigue immunodeficiency syndrome, post viral
to compensate for deficits in cognitive functioning syndrome, limbic encephalopathy, Epstein-Barr virus
by rebuilding cognitive skills and/or developing infection, herpes virus type 6 infection, or myalgic
compensatory strategies and techniques. encephalomyelitis), any allergy or sensitivity to chemicals
or the environment (such as environmental allergies,
Neurofeedback Therapy - Medical Services that
sick building syndrome, multiple chemical sensitivity
utilize operant conditioning learning procedure based on
syndrome or chronic toxic encephalopathy), chronic
electroencephalography (EEG) parameters, and which are
pain conditions (such as fibromyalgia, reflex sympathetic
designed to result in improved mental performance and
dystrophy or myofascial pain), carpal tunnel or repetitive
behavior, and stabilized mood.
motion syndrome, temporomandibular joint disorder,
Neurophysiological Testing - Medical An evaluation of or craniomandibular joint disorder. However, other
the functions of the nervous system. limited conditions does not include neoplastic diseases,
neurologic diseases, endocrine diseases, hematologic
Neuropsychological Testing - Medical The
diseases, asthma, allergy-induced reactive lung disease,
administering of a comprehensive battery of tests to
tumors, malignancies, or vascular malformations,
evaluate neurocognitive, behavioral, and emotional
demyelinating diseases, or lupus.
strengths and weaknesses and their relationship to
normal and abnormal central nervous system functioning. Other Provider - Medical
A person or entity, other than a hospital or physician,
Non-Network Benefits - Medical The benefits available
that is licensed where required to furnish to a participant
under the plan for services and supplies that are provided
a service or supply for which charges are considered
by a non-network provider.
eligible expenses under the plan. Other providers include:

141
■■ Other Facility – an institution or entity only as listed: Own Occupation - LTD, STD Any employment,
• Chemical dependency treatment center business, trade, profession, calling or vocation that
• Crisis stabilization unit or facility involves material duties of the same general character
• Durable medical equipment provider as the occupation you are regularly performing for your
• Home health agency Employer when Disability begins. In determining your own
• Home infusion therapy provider occupation, The Standard is not limited to looking at the
glossary

• Hospice way you perform your job for your employer, but may also
• Imaging center look at the way the occupation is generally performed in
• Independent laboratory the national economy. If your own occupation involves the
• Prosthetics/orthotics provider rendering of professional services and you are required
• Psychiatric day treatment facility to have a professional or occupational license in order to
• Renal dialysis center work, your own occupation is as broad as the scope of
• Residential treatment center for children and your license.
adolescents
Parent - Medical, Dental A person who covers a child
• Skilled nursing facility
as a dependent under a plan.
• Therapeutic center
■■ Other Professional Provider – a person or practitioner, Participant - Medical An employee or dependent who is
when acting within the scope of his/her license and covered under the plan.
who is appropriately certified, only as listed: Passenger - AD&D An individual other than a pilot,
• Advanced practice nurse operator or crew member who is riding in or on, boarding,
• Doctor of chiropractic or dismounting from a public conveyance.
• Doctor of dentistry
• Doctor of optometry Pharmacy - Medical A state and federally licensed
• Doctor of podiatry establishment where the practice of pharmacy occurs,
• Doctor of psychology that is physically separate and apart from any provider’s
• Licensed audiologist office, and where legend drugs and devices are
• Licensed chemical dependency counselor dispensed under prescriptions to the general public by a
• Licensed dietitian pharmacist licensed to dispense those drugs and devices
• Licensed hearing instrument fitter and dispenser under the laws of the state in which he/she practices.
• Licensed marriage and family therapist Physical Disease – LTD, STD Entity or process that
• Licensed clinical social worker produces structural or functional changes in the body as
• Licensed occupational therapist diagnosed by a physician.
• Licensed physical therapist
• Licensed professional counselor Physician – AD&D, Life A person who is:
• Licensed speech-language pathologist ■■ Licensed to practice medicine and is practicing within
• Licensed surgical assistant the terms of his/her license, or
• Licensed/certified nurse-midwife ■■ A licensed practitioner of the healing arts in a category
• Nurse first assistant specifically favored under the health insurance laws
• Orthoptic technician of the state where the treatment is received and is
• Physician assistant practicing within the terms of his/her license.
• Psychological associates who work under the
supervision of a doctor in psychology A physician does not include a covered person or any
member of his/her family.
In states where there is a licensure requirement, other
providers must be licensed by the appropriate state Physician - BTA Refers to:
administrative agency. ■■ A person licensed to practice medicine in the
jurisdiction where the medical services are performed,
or

142
■■ Any other person whose services, according to prepayment, group practice or individual practice plans;
applicable law, must be treated as physician’s services hospital indemnity coverage; a school blanket plan that
for purposes of the plan. The person must be licensed provides only accident-type coverage on a 24-hour basis,
in the jurisdiction where the service is performed and or a “to and from school basis” to students in a grammar
must act within the scope of that license. The person school, high school or college; disability income protection
must also be certified and/or registered if required in coverage; accident only coverage; specified disease or

glossary
his/her jurisdiction. specified accident coverage; nursing home or long term
care coverage; or any government program or coverage if,
Physician does not include the covered employee, his/
by state or federal law, its benefits are excess to those of
her spouse, or any member of the covered employee’s
any private insurance plan or other non-government plan.
immediate family including his/her or his/her spouse’s
parents, children (natural, step or adopted), siblings, Post-acute Transition Services - Medical Services
grandparents, or grandchildren. that facilitate the continuation of care beyond the initial
neurological trauma through rehabilitation and community
Physician - Dental Refers to:
reintegration.
■■ A person licensed to practice medicine in the
jurisdiction where the services are performed, or Plan Administrator - Commercial Metals Company

■■ Any other person whose services, according to Preferred Provider Organization (PPO) Dentist -
applicable law, must be treated as physician’s services Dental A contracting Delta Dental Dentist who agrees
for purposes of the plan. The person must be licensed to accept Delta Dental’s PPO Dentist’s Fees as payment
in the jurisdiction where the service is performed and in full and to comply with Delta Dental’s administrative
must act within the scope of that license. The person guidelines. All PPO Dentists are also Delta Dental Premier
must also be certified and/or registered if required by Dentists. All PPO Dentists must be contracted in the Delta
the applicable jurisdiction. Dental Premier network.

A physician does not include the covered person, his/ Predisability Earnings - LTD
her spouse or any member of the covered person’s ■■ Mileage-paid Truck drivers: If you are a mileage-paid
immediate family including his/her or his/her spouse’s truck driver with 1 or more calendar years of service,
parents, children (natural or adopted), siblings, predisability earnings means your average monthly
grandparents, or grandchildren. earnings from your Employer for the prior calendar
Physician - LTD, STD A licensed M.D. or D.O., acting year of your employment. Any change in your earnings
within the scope of the license. Physician does not after your last full day of active work will not affect your
include you or your spouse, or the brother, sister, parent, predisability earnings.
or child of either you or your spouse. If you are a mileage-paid truck driver with less than
Physician - Medical A person, when acting within the 1 calendar year of service, your monthly predisability
scope of his/her license, who is a doctor of medicine or a earnings means $30,000 divided by 12 (provided your
doctor of osteopathy. prior year earnings were less than $30,000).

Plan - this Commercial Metals Company Welfare Benefit For a mileage-paid truck driver with 1 or more calendar
Plan. years of service, predisability earnings includes vacation
pay, holiday pay, funeral leave, jury duty, short term
Plan - Dental Coordination of Benefits Provision Any disability, and earnings under the following pay codes:
of the following that provides benefits or services for an
allowable expense: a group insurance plan; an HMO; a 1060 Trucking other-Joist
blanket plan; uninsured arrangements of group or group 1262 Trucking-Back Haul
type coverage; a group practice plan; a group service 1265 Trucking-Driver Meeting
plan; a group prepayment plan; any other plan that covers 1267 Trucking-Driver Misc.
people as a group; motor vehicle no fault coverage if 1266 Trucking-Driver Training
the coverage is required by law; and any other coverage 1260 Trucking-Mileage Pay
required or provided by any law or any governmental 1261 Trucking-Pay By Load
program, except Medicaid. 1263 Trucking-T & E
The term does not include any of the following: individual 1264 Trucking-Tarping Trucks
or family insurance or subscriber contracts; individual 1268 Trucking-Trucking Bonus
or family coverage through closed panel plans or other

143
■■ All other members: your Predisability Earnings will be ■■ If you are paid hourly, your monthly rate of earnings is
based on your annualized base rate of pay in effect based on your hourly pay rate multiplied by 2080 and
on your last full day of Active Work. Any subsequent divided by 12. If you do not have regular work hours,
change in your earnings after that last full day of Active your monthly rate of earnings is based on the average
Work will not affect your Predisability Earnings. number of hours you worked per month during the
preceding 12 calendar months (or during your period of
glossary

Predisability Earnings means your annual base pay, as


employment if less than 12 months), but not more than
defined by your Employer, divided by 12, including:
173 hours.
1. Contributions you make through a salary reduction
Predisability Earnings - STD
agreement with your Employer to:
Mileage-paid Truck drivers: If you are a Mileage-paid
a. An Internal Revenue Code (IRC Section
Truck Driver with 1 or more calendar years of service,
401(k), 403(b), 408(k), 408(p), or 457 deferred
your weekly predisability earnings means 1/52 of your
compensation arrangement; or
earnings from your employer for the prior calendar year.
b. An executive nonqualified deferred compensation
Any change in your earnings after your last full day of
arrangement.
active work will not affect your predisability earnings.
2. Amounts contributed to your fringe benefits
If you are a mileage-paid truck driver with less than
according to a salary reduction agreement under an
1 calendar year of service, your weekly predisability
IRC Section 125 plan.
earnings means 1/52 of $30,000.
3. Average monthly commissions in the prior calendar
For a mileage-paid truck driver with 1 or more calendar
year (if total commissions were equal to or more than
years of Service, predisability earnings includes vacation
25% of your annual base pay in the prior calendar
pay, holiday pay, funeral leave, jury duty, short term
year). For a mileage-paid truck driver, amounts
disability, and earnings under the following pay codes:
calculated by CMC in recognition of a number of
components including mileage and load hauled. The 1060 Trucking other-Joist
amounts are divided by 12 to reflect the monthly 1262 Trucking-Back Haul
average for LTD benefit calculation purposes. 1265 Trucking-Driver Meeting
1267 Trucking-Driver Misc.
Predisability Earnings does not include: 1266 Trucking-Driver Training
1. Bonuses. 1260 Trucking-Mileage Pay
1261 Trucking-Pay By Load
2. Commissions (if less than 25% of your total annual
1263 Trucking-T & E
base pay in the prior calendar year).
1264 Trucking-Tarping Trucks
3. Overtime pay. 1268 Trucking-Trucking Bonus

4. Shift differential pay. ■■ All other members: your Predisability Earnings will be
based on your earnings in effect on your last full day of
5. Profit sharing Active Work. Any subsequent change in your earnings
6. Performance pay after that last full day of Active Work will not affect your
Predisability Earnings.
7. Stock options or stock bonuses.
Predisability Earnings means your annual base pay, as
8. Your Employer’s contributions on your behalf to any defined by your Employer, divided by 52, including:
deferred compensation arrangement or pension
plan. 1. Contributions you make through a salary reduction
agreement with your Employer to:
9. Any other extra compensation. a. An Internal Revenue Code (IRC) Section
If you are paid on an annual contract basis, your monthly 401(k), 403(b), 408(k), 408(p), or 457 deferred
rate of earnings is one-twelfth (1/12th) of your annual compensation arrangement; or
contract salary. b. An executive nonqualified deferred compensation
arrangement.

2. Amounts contributed to your fringe benefits


according to a salary reduction agreement under an
IRC Section 125 plan.

144
3. Average weekly commissions received in the prior Prosthetic Appliances - Medical Artificial devices
calendar year (if total commissions were equal to or including limbs or eyes, braces or similar prosthetic or
more than 25% of your annual base pay in the prior orthopedic devices, that replace all or part of an absent
calendar year). body organ (including contiguous tissue) or replace all
or part of the function of a permanently inoperative or
Predisability Earnings does not include:
malfunctioning body organ (excluding dental appliances

glossary
1. Bonuses.
and the replacement of cataract lenses). For purposes
2. Commissions (if less than 25% of your total annual
of this definition, a wig or hairpiece is not considered a
base pay in the prior calendar year).
prosthetic appliance.
3. Overtime pay.
4. Shift differential pay. Prosthetics/Orthotics Provider - Medical A certified
5. Profit sharing prosthetist that supplies both standard and customized
6. Performance pay prostheses and orthotic supplies.
7. Stock options or stock bonuses.
Provider - Medical A hospital, physician, other provider,
8. Your Employer’s contributions on your behalf to any
or any other person, company, or institution furnishing a
deferred compensation arrangement or pension
service or supply that is covered under the plan.
plan.
9. Any other extra compensation. Psychiatric Day Treatment Facility - Medical An
institution that is appropriately licensed and is accredited
If you are paid on an annual contract basis, your weekly
by the Joint Commission on Accreditation of Healthcare
rate of earnings is one fifty-second (1/52nd) of your
Organizations as a psychiatric day treatment facility for
annual contract salary.
the provision of mental health care and serious mental
If you are paid hourly, your weekly rate of earnings is illness services to participants for periods of time not to
based on your hourly pay rate multiplied the number of exceed eight hours in any 24-hour period. Any treatment
hours you are regularly scheduled to work per week, in a psychiatric day treatment facility must be certified
but not more than 40 hours. If you do not have regular in writing by the attending physician to be in lieu of
work hours, your weekly rate of earnings is based on hospitalization.
the average number of hours you worked per week
Psychophysiological Testing - Medical An evaluation
during the preceding 52 weeks (or during your period of
of the interrelationships between the nervous system and
employment if less than 52 weeks), but not more than 40
other bodily organs and behavior.
hours.
Regular Attendance - STD An employee’s personal
Preferred Brand Name Drug - Medical A brand name
visits to a physician that are medically necessary
drug that appears on the preferred brand name drug list.
according to generally accepted medical standards to
Pregnancy - LTD, STD Your pregnancy, childbirth, or effectively manage and treat the employee’s disability or
related medical conditions, including complications of partial disability.
pregnancy.
Remediation - Medical The process(es) of restoring or
Premier Dentist - Dental A Dentist who contracts with improving a specific function.
Delta Dental or any other member company of the Delta
Renal Dialysis Center - Medical A facility that is
Dental Plans Association and who agrees to abide by
Medicare certified as an end-stage renal disease facility
certain administrative guidelines. Not all Premier Dentists
providing staff assisted dialysis and training for home and
are PPO Dentists; however, all Premier Dentists agree to
self-dialysis.
accept Delta Dental’s Maximum Plan Allowance for each
Single Procedure as payment in full. Residential Treatment Center for Children and
Adolescents - Medical A child-care institution that
Prescription - Medical A written or verbal order from a
is appropriately licensed and accredited by the Joint
physician or other professional provider to a pharmacist
Commission on Accreditation of Healthcare Organizations
for a drug or device to be dispensed. Prescriptions
or the American Association of Psychiatric Services for
written by physicians or other professional providers
Children as a residential treatment center for the provision
located outside the United States to be dispensed in the
of mental health care and serious mental illness services
United States are not covered under the plan.
for emotionally disturbed children and adolescents.

145
Retirement Benefit under a Retirement Plan - LTD A seat belt includes any child restraint device that meets
Money that: the requirements of state law.
■■ Is payable under a retirement plan either in a lump sum Sickness - AD&D, Life Disease or illness including related
or in the form of periodic payments, conditions and recurrent symptoms of the sickness.
■■ Does not represent contributions made by an employee Sickness also includes pregnancy.
glossary

(payments that represent employee contributions are


Sickness - STD Illness, physical disease, mental
deemed to be received over the employee’s expected
disorder, pregnancy or complications of pregnancy.
remaining life regardless of when the payments are
actually received), and Skilled Nursing Facility - Medical A facility that is
■■ Is payable upon: primarily engaged in providing skilled nursing services
• Early or normal retirement, or and other therapeutic services and which is:
• Disability, if the payment reduces the amount of ■■ Licensed in accordance with state law (where state law
money that would have been paid under the plan at provides for licensing of such facility), or
the normal retirement age. ■■ Medicare or Medicaid eligible as a supplier of skilled
Retirement Plan - LTD, STD A plan that provides inpatient nursing care.
retirement benefits to employees and which is not funded Specialty Care Provider - Medical A physician or other
wholly by employee contributions. A retirement plan professional provider who has entered into an agreement
does not include a profit-sharing plan, informal salary with the claim administrator (and in some instances with
continuation plan, registered retirement savings plan, other participating Blue Cross and/or Blue Shield plans)
stock ownership plan, 401(K) or a non-qualified plan of to participate as a managed care provider of specialty
deferred compensation. services.
Riot - AD&D, STD All forms of public violence, disorder or Specialty Drugs - Medical Legend drugs that are
disturbance of the public peace by three or more persons unique high cost medications which may be given by
assembled together, whether or not acting with a common any route of administration, benefit a limited patient
intent and whether or not damage to persons or property population, and typically require complex dispensing
or unlawful act or acts is the intent or the consequence techniques, delivery procedures and/or patient education
of the disorder. Participation in a riot includes promoting, and support. A list of these drugs may be obtained by
inciting, conspiring to promote or incite, aiding, abetting, contacting the Customer Service Helpline. The list is
and all forms of taking part in, but does not include actions reviewed periodically and is subject to change.
taken in defense of public or private property, or actions
taken in defense of the covered person, if the actions of Substance Abuse - LTD Use of alcohol, alcoholism, use
defense are not taken against persons seeking to maintain of any drug, including hallucinogens, or drug addiction.
or restore law and order including, but not limited to, police Terrorist Act - BTA A politically- or socially-motivated
officers and fire fighters. act of violence carried out by an individual or group of
Seat Belt - AD&D A combination lap and shoulder persons who may or may not be operating on behalf of
restraint system that meets the Federal Vehicle Safety a sovereign state with the intent of changing political or
Standards of the National Highway Traffic Safety social policy. A terrorist act does not include any act of
Administration and is installed by the manufacturer. A seat violence carried out by a branch of the armed forces of a
belt will include a lap belt alone, but only if the automobile sovereign state.
did not have a combination lap and shoulder restraint Therapeutic Center - Medical An institution that is
system when manufactured. Seat belt does not include a appropriately licensed, certified, or approved by the state
shoulder restraint alone. in which it is located and which is one of the following:
Seat Belt - BTA ■■ An ambulatory (day) surgery facility.
Any non-inflatable restraint device that: ■■ A freestanding radiation therapy center.
■■ Meets published United States Government safety ■■ A freestanding birthing center.
standards,
■■ Is properly installed, and
■■ Is not altered after the installation.

146
Treatment - STD Consulting, receiving care or services
provided by or under the direction of a physician including
diagnostic measures, being prescribed drugs and/or
medicines (whether the patient chooses to take them or
not), and taking drugs and/or medicines.

USERRA - the Uniformed Services Employment and


Reemployment Rights Act of 1994.

Violent Disorder - LTD Voluntarily placing yourself (and


actively participating) in a situation highly likely to result in
injury.

How Vision Plan - The Commercial Metals Company


Vision Plan.

Visually Necessary or Appropriate - Vision Services


and materials medically or visually necessary to restore or
maintain a patient’s visual acuity and health and for which
there is no less expensive professionally acceptable
alternative.

Work Earnings - LTD, STD Earnings from your Employer,


any other employer, or self‑employment, and any sick
pay, vacation pay, annual or personal leave pay or other
salary continuation earned or accrued while working.
Earnings from work you perform will be included in work
earnings when you have the right to receive them. If you
are paid in a lump sum or on a basis other than monthly,
The Standard will prorate your work earnings over the
period of time to which they apply. If no period of time is
stated, a reasonable one will be used.

If earnings vary substantially from month to month, work


earnings may be determined by averaging your earnings
over the most recent three-month period.

147
148
CMC SPD 2013

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