Table of Contents SHORT TERM DISABILITY BENEFITS

Transcription

1 Table of Contents SHORT TERM DISABILITY BENEFITS 5.2 Eligibility Enrollment Plan Cost How the Plan Works... 3 Schedule of Benefits Recurring Disability Duration of Benefits Administrative Requirements How You Qualify for Benefits If You are Eligible for Other Disability Benefits What the Plan Does Not Cover When Benefits are Paid (k)/Savings Plan Contributions Vacation Time While Collecting Benefits Returning to Work If Your Claim is Denied Circumstances That May Affect Your Benefits When Coverage Ends Frequently Asked Questions Other Important Information... 8 Statement of ERISA Rights:

2 SECTION 5. SHORT TERM DISABILITY (SICK LEAVE) BENEFITS Insurance Agreement AGREEMENT dated September 1st, 2012between I/N Tek & I/N Kote ( Company) and the United Steelworkers of America, Local 9231, ( Union ), unless otherwise specified. General Information INTRODUCTION 5.1 The Short Term Disability (Sick Leave) Benefits Plan (the Plan ) for full-time employees of I/N Tek and I/N Kote (collectively, the Companies ) is designed to provide income protection if you become disabled and cannot work. Eligible employees unable to work because of ill health or other disabilities (both occupational and non-occupational) shall be granted Sick Leave in accordance with the Schedule of Benefits in Section 5.2 below. Benefits will not be payable for any period of sick leave during which the employee is not under the care of a licensed physician. In addition, the employee must comply with the administrative requirements of the Plan. 5.2 Eligibility As a full-time employee of the Companies, you are automatically eligible to participate in this Plan. Coverage begins on the day you begin active, full-time employment with the Companies. There is no minimum age requirement to be eligible for benefits under the Plan. If you are a part-time employee you are not eligible for coverage under the Plan. A part-time employee is an employee who, by prior and fixed agreement with the Companies normally works less than eight (8) hours per day or less than 40 hours per week. If you transfer from part-time to full-time status you will be covered; however, only full-time continuous service counts for purposes of determining the benefits you are entitled to receive under the Plan. 5.3 Enrollment You will be automatically enrolled when you become eligible. 5.4 Plan Cost The Companies pay the entire cost of the Plan. There are no employee contributions permitted or required. 2

3 5.5 How the Plan Works The Short Term Disability (Sick Leave) Benefits Plan is designed to provide income protection in the event you become disabled because of illness or injury and are unable to work. If you qualify for benefits, you will receive biweekly payments which, when combined with all other disability income benefits you are entitled to receive, will equal 100% of your base pay for a specified number of weeks, followed by 60% of your base pay for a specified number of weeks. The number of weeks at each percent is based on your years of continuous full-time service on the date your disability begins. The schedule of benefits is shown below: Schedule of Benefits Number of Weeks at Full Base Pay Number of Weeks at 60% of Full Base Pay Years of Continuous Full-Time Service On the Date Disability Begins Less than 6 months 0 * 6 Months but less than 1 Year Year but less than 2 Years Years but less than 5 Years Years but less than 10 Years Years but less than 15 Years Years but less than 20 Years or More Years 26 26** *The number of weeks for which benefits are payable shall equal but not exceed one week for each full week of continuous service. **At the conclusion of 26 weeks at 60% of full pay if your physician expects you to be able to return to work during an additional 52 week period, then up to an additional 52 weeks at 60% of full pay will be provided. If your physician indicates you are permanently disabled, short-term disability benefits will terminate and you may be eligible for a permanent incapacity disability pension under the I/N Tek and I/N Kote Supplement to the Ispat Inland, Inc. Pension Plan and/or benefits under the I/N Tek and I/N Kote Long-Term Disability Plan. For those employees who were directly transferred to the Companies from Ispat Inland (f/k/a Inland Steel Company) or its subsidiaries, past service is included in calculating the length of continuous service for the purposes of determining benefits. Full base pay means your base salary that you are receiving on the date your disability absence begins. Full base pay includes all before-tax as well as after-tax benefit plan contributions and deductions. If you perform work in a week you will be paid your regular salary for the balance of the week. Thereafter, the short-term disability Schedule of Benefits will apply. 3

4 5.6 Recurring Disability Cases of recurring disability for any illness or injury must be separated by 60 days in order for the Schedule of Benefits to restart. For example, if you have seven years of service you are entitled to 10 weeks of shortterm disability benefits at 100% of full base pay, and 16 weeks at 60% of full base pay. If you are absent for 8 weeks due to a back injury, return to work for 30 days and then begin another disability absence for the same back injury, you will receive an additional 2 weeks of benefits at 100% of full base pay. After 2 weeks, your benefits drop to 60% of full base pay for 16 weeks. 5.7 Duration of Benefits As long as you remain under the care of a licensed physician, and comply with administrative requirements of the Plan, your benefits will continue until you recover from your disabling injury or illness and return to work, or until you have received the maximum benefit you are entitled to receive. For continuing disability cases eligible for benefits under the Long-Term Disability Benefit Plan, short-term disability benefits will automatically extend to the end of the month in which short-term disability benefits expire. 5.8 Administrative Requirements - How You Qualify for Benefits In order to receive benefits under the plan you must be eligible on the date your disability begins and satisfy the following conditions: You must be under the care of a licensed physician and be unable to work as a result of a disability caused by illness, injury, pregnancy, mental illness, elective surgery, or confinement in an approved rehabilitative facility. You are required to furnish proof that you are under the care of a licensed physician by having your physician complete the Physician Report Form. This form may be obtained from the Companies Occupational Health Nurse (Nurse) or from the Human Resources Department. As an alternative your own doctors form may be used provided it contains the Team Member s name, dates involved, the expected duration of the condition and that the Team Member was incapable of performing his/her normal duties. ( A note saying under doctors care or similar vague wording is not acceptable.) The Companies physician, Nurse, and/or other medical representative will review the Physician Report Form/Doctors form above. In the event your physician and the Companies physician, Nurse, and/or other medical representative disagree about your ability to perform your job, the Companies physician will select a third physician and the majority medical opinion will be used. If you are covered under the terms of a Collective Bargaining Agreement, the Companies and the Union will agree on the selection of a third physician. You may not be employed elsewhere, including self-employment, during your period of disability. 4

5 In cases of unanticipated periods of disability, exceeding or expected to exceed seven (7) consecutive calendar days, you must notify the Nurse of the reason for your absence and the expected date of your return to work. The Nurse will send the Physician Report Form to your physician to be completed and returned to the Nurse. In cases of anticipated periods of disability expected to exceed seven (7) consecutive calendar days, you must obtain the Physician Report Form from the Nurse or the Human Resources Department, have your physician complete the form and return it to the Nurse before your disability begins. If it is determined that you will be absent for seven (7) calendar days or longer you will receive a letter from the Companies Human Resources Department explaining the benefits available to you, as well as the duration of the benefits. During an extended period of disability the Companies may require that you be examined from time to time to confirm continuation of benefits. Therefore, you will be required to advise the Nurse of any plans to be out of the area for more than seven (7) consecutive days. 5.9 If You are Eligible for Other Disability Benefits In the event your disability is occupational you may be eligible to receive benefits under a workman s compensation, occupational disease, or similar law. In that event, your benefits from the Plan would be offset (reduced) by any such payments. After the fifth month of a disabling injury or illness you may be eligible for Social Security Benefits. If you are receiving or are eligible to receive Social Security Benefits as a result of your disability or retirement, your benefits from the Plan will be reduced by the amount of these payments, even if you do not apply for such benefits. For example, if you are eligible for Social Security Benefits or Worker s Compensation benefits and fail to apply, your Plan benefit will be calculated as if you were receiving the benefits to which you are entitled. Therefore, it is very important that you apply for all benefits for which you may be eligible. Your Human Resources Department will help you if you need it What the Plan Does Not Cover The plan covers many types of injury and illness; however, the following are excluded from coverage: Disability while working at a job for an employer other than the Companies, including self-employment; and, During the first two years of your employment, any pre-existing condition (i.e., a condition which you had at the time of your employment of which you were aware but did not disclose). 5

6 5.11 When Benefits are Paid If you perform work in a week you will be paid your regular salary for the balance of that week. Thereafter, benefit payments will be paid up to the number of weeks you are eligible to receive benefits in accordance with the Plan. Benefit payments are made biweekly in accordance with the regular payroll calendar, and are subject to applicable taxes and deductions (k)/Savings Plan Contributions While receiving Plan benefits you may continue contributions to the I/N Tek and I/N Kote 401(k) Savings Plan or the Ispat Inland Savings Plan. It is up to you to notify the appropriate record-keeper if you wish to change your deductions Vacation Time While Collecting Benefits If you are entitled to vacation time you may request your vacation pay instead of short-term disability benefits for any week during a period of disability. Short-term disability benefits will be extended for the equivalent number of weeks of vacation benefits paid. For example, if you are entitled to 3 weeks of vacation time and 26 weeks of shortterm disability benefits, and you elect to receive 3 weeks of vacation pay during your period of disability, you will receive vacation pay and disability pay for a total of 29 weeks Returning to Work Before returning to work following a period of absence due to short-term disability you must report to the Nurse with a written release from your attending physician. Should any restrictions be necessary the Nurse will contact the I/N Safety Consultant who will arrange a medical placement meeting to determine if the restrictions may be accommodated within the scope of your assignment. The Nurse may either conduct or arrange for an appropriate examination to determine if you are capable of working or if limitations are necessary If Your Claim is Denied If your claim for short-term disability benefits is not approved you will receive written notice within 60 days of the date you submitted medical evidence, or within 120 days if special circumstances require an extension of time, in which case you will be notified. Such written notice will outline the reasons why the claim was denied and explain the claim review process. 6

7 After receiving notice of the denial you have 60 days to submit a written application to your Human Resources Department requesting a review of your claim and requesting to review your documents. You have the right to submit your issues and comments in writing. Once the Human Resources Department has received your request for a review of your claim, they will have 60 days to make a decision regarding your appeal (or 120 days if special circumstances require an extension of time, in which case you will be notified). If you are represented by USWA Local 9231 or and your claim is denied the matter will be addressed pursuant to the Issue Resolution Procedure, defined in Article XII of the respective Collective Bargaining Agreements Circumstances That May Affect Your Benefits Benefit payments under the Plan will stop on the earliest of the following: The date you are no longer disabled and are released to return to work. The end of the maximum period of disability benefits you are eligible to receive. The date you no longer qualify for benefits under the plan. The date of your death. If you do any work for compensation for the Companies or any other employer, including self-employment. Failure to provide timely medical evidence of disability. Failure to report for a medical examination as reasonably requested by the Companies When Coverage Ends Coverage under the Plan stops on the earliest of: Your change in status from full-time to part-time. Your termination of employment with the Companies. Your retirement date. The first of the month following the start of an approved leave of absence. The last day you worked in the event of a lay-off. If you have begun to collect Plan benefits on the date you are laid off your benefits will continue up to the maximum period, as long as you continue to qualify for benefits Frequently Asked Questions Q. Will I automatically receive benefits under the Long-Term Disability Plan if I am still disabled when Short-Term Disability benefits are exhausted? A. No. First, you must have two years of continuous service to qualify for benefits under the Long-Term Disability Plan. In addition, certain causes of 7

8 disability are specifically excluded under the Long-Term Disability Plan. Q. In the event I die during a period of disability will my spouse or beneficiary receive benefits to which I was entitled? A. No. In the event of your death, benefits stop. However, your spouse or named beneficiary may be eligible for payment from the Companies other plans, such as life insurance, pension, 401(k) or Savings Plans. Your family may also be eligible for benefits from Social Security. Q. If I pass the anniversary of my hire date during a period of disability, will the number of weeks I m entitled to receive benefits for be increased? A. No. The number of weeks you are entitled to receive benefits is determined on the date your disability absence begins and does not change during the absence. Q. Are short-term disability benefit payments taxable? A. Yes. Benefit payments are subject to applicable federal and state taxes, and included as earnings on the year-end Form W Other Important Information The Plan is self-funded. This means that money to pay Plan benefits is provided by the Companies. Employee Retirement Income Security Ace of 1974, as Amended (ERISA) Information: The plan is a welfare benefit plan. The Employer Identification Numbers assigned to I/N Tek and I/N Kote by the Internal Revenue Service are: and respectively. The Plan Administrator is the Manager of Human Resources for I/N Tek and I/N Kote. The day-to-day administration of the Plan is the responsibility of the Human Resources Department. The Plan Administrator has the responsibility to the Plan to make and enforce any necessary rules for the Plan, and to interpret the Plan provisions uniformly for all employees. If it is necessary for you to communicate with the Plan Administrator you should submit your written comments or requests to the Plan Administrator at the following address: Edison Road, New Carlisle, Indiana The records of the Plan are kept on the basis of a Plan year, which is the 12 consecutive calendar month period beginning each January 1 st. The The Agent for Service of Legal Process: ArcelorMittal USA LLC.c/o CT Corporation System 251 E. Ohio Street Suite 1100 Indianapolis, IN

9 Statement of ERISA Rights: As a participant in the Plan you are entitled to certain rights and protections under ERISA. ERISA provides that all Plan participants shall be entitled to: 1. Examine without charge at the Plan Administrator s Office (and at other specified locations such as worksites and union halls), all Plan documents including insurance contractors, collective bargaining agreements and copies of all documents filed by the Plan with the U.S. Department of Labor, such as detailed in annual reports and Plan descriptions. 2. Obtain copies of all Plan documents and other plan information upon written request to the Plan Administrator. The Plan Administrator may make reasonable charge for the copies. In addition to creating rights for Plan Participants, ERISA imposes duties upon the people who are responsible for the operation of the Plan. The people who operate the Plan, called fiduciaries of the Plan, have a duty to do so prudently and in the interests of you and other Plan participants and beneficiaries. No one, including your employer, your union, or any other person, may fire you or otherwise discriminate against you in any way to prevent you from obtaining benefits under the Plan or exercising your rights under ERISA. If your claim for a benefit is denied in whole or in part you must receive a written explanation of the reason for the denial. You have the right to have the claim reviewed and your claim reconsidered. Under ERISA there are steps you can take to enforce the above rights. For instance, if you request materials from the Plan and to not receive them within 30 days you may file suite in a federal court. IN such a case, the court may require the Plan Administrator to provide the materials and pay you up to $100 a day until you receive the materials, unless the materials were not sent because of reasons beyond the control of the Plan Administrator. If you have a claim for benefits which is denied or ignored, in whole or in any part, you may file suit in a state or federal court. If it should happen that Plan fiduciaries misuse the Plan s money or if you are discriminated against for asserting your rights, you may seek assistance from the U.S. Department of Labor, or you may file suit in a federal court. The court will decide who should pay court costs and legal fees. If you are successful, the court may order the person you have sued to pay these costs and fees. If you lose, the court may order you to pay these costs and fees, for example, if it finds your claim is frivolous. If you have any questions about the Plan you should contact the Plan Administrator. If you have questions about this summary of your rights under ERISA, you should contact the nearest Area Office of the U.S. Department of Labor Management Service Administrator, Department of Labor. 9