CENTURYLINK DISABILITY PLAN

Transcription

1 CENTURYLINK DISABILITY PLAN Effective as of January 1, 2012 SUMMARY PLAN DESCRIPTION Legacy Qwest OCCUPATIONAL AND MANAGEMENT LONG-TERM DISABILITY For Disabilities incurred prior to January 1, 2012 Closed Group Legacy Qwest LTD Prior to 1/1/12 1

2 Table of Contents Contents INTRODUCTION... 4 Who Is Covered by this Plan and SPD?... 4 Plan Determinations are Not Health Care Advice... 5 Questions?... 5 PLAN ADMINISTRATION... 6 Long-Term Disability (LTD) Benefits... 7 Eligibility to Receive Benefits... 7 Disability Pension for applicable Legacy Qwest Employees... 7 Disability Definitions... 8 LTD Benefit Requirements... 9 Benefit Amount Base Pay Employment While Disabled Under certain circumstances, you may be eligible for a higher LTD Benefit amount Payments Offset by Other Benefits Benefit Adjustments, Recovery of Overpayments Social Security Disability Insurance Benefit (SSDIB) Requirements LTD Employment Status If You Recover From Your Disability Maximum LTD Payment Period When LTD Benefits End What The Plan Doesn't Cover - Exclusions Other Important Information This information may affect your Plan Benefits and the ways you use your Benefits Cost of the Program and Funding Discretionary Authority The Plan s right of recovery and right of full restitution LTD Benefits Conditional Upon Cooperation Payment Recovery to be Held in Trust RIGHT TO AMEND, ELIMINATE BENEFTS OR TERMINATE THE PLAN Alienation Other Benefits That Relate to Disability Dispute Resolution CLAIMS AND APPEAL PROCEDURES Filing a Claim What if your Claim is Denied? How to Request an Appeal Decision on An Appeal Legal Remedy and Deadline by Which to Bring a Legal Action STATEMENT OF ERISA RIGHTS Receive Information About Your Plan and Benefits Prudent Actions by Plan Fiduciaries Legacy Qwest LTD Prior to 1/1/12

3 Enforce Your Rights Assistance with Your Questions GENERAL ADMINISTRATIVE PROVISIONS Plan Document Your Relationship With Approved Providers Records And Information Right to Adopt Rules and Right to Amend Clerical Error Administrative Services Examination of Covered Persons CIRCUMSTANCES THAT MAY AFFECT YOUR BENEFIT LIST OF PARTICIPATING COMPANIES GLOSSARY Legacy Qwest LTD Prior to 1/1/12 3

4 INTRODUCTION CenturyLink (the Company or CenturyLink ) maintains the CenturyLink Disability Plan (the Plan ) to provide Benefits to employees who are eligible to participate in the Plan if they become disabled as defined in the Plan and satisfy the requirements described in the Plan. The Plan provides short-term and long-term disability benefits. This Summary Plan Description or SPD along with the Short-Term Disability SPD and the General Information SPD is provided to explain how the Plan works. This SPD specifically describes the LTD Benefits for Legacy Qwest Occupational and Management Employees, and the rights as well as obligations under the Plan. It is important for you to understand that because this SPD is only a summary, it cannot cover all the details of the Plan or how the rules will apply to every person in every situation. This SPD is not the Plan document. The specific rules governing the Plan are contained in the Plan document and administrative procedures. This SPD describes your LTD Benefits and rights as well as your obligations under the Plan with regard to your LTD Benefits. By becoming a participant in the Plan, you will for all purposes, be deemed conclusively to have agreed to and be bound by the terms and provisions of the Plan and all amendments to the Plan. You, your beneficiaries and your lawyer (or other representative) may examine the current Plan document, the current collective bargaining agreement, and other documents relating to the current terms of the Plan during regular business hours or by appointment at a mutually convenient time in the office of the Plan Administrator. You may also receive a copy upon sending a written request for the Plan document to the Plan Administrator. This SPD uses capitalized words and phrases that have specific defined meanings under the Plan. The definitions of these terms can be found in the Glossary located at the end of this SPD. In the event there are any discrepancies or conflicts between these definitions and the Plan document, the terms of the Plan document shall govern. Words in the masculine gender include the feminine gender, and vice versa. Wherever any words are used in the singular form, they shall be construed as if they were also used in the plural form in all cases where the plural form would so apply, and vice versa. Where the definitions include rules regarding the definition, those rules shall apply. No Company Employee or Third Party Administrator can be responsible for advising you on the tax effects of your participation in the Plan. Because tax laws are constantly changing, you should consult a tax advisor if you have questions about how participation in any Company plans will affect your personal tax situation. WHO IS COVERED BY THIS PLAN AND SPD? This SPD describes the long-term disability ( LTD ) Benefits under the Plan on and after October 1, 2010 for Occupational and Management Employees for Short-Term disability claims that were incurred prior to January 1, 2012, hereby considered a Closed Group.. A separate SPD discusses Short Term Disability ( STD ) Benefits. The Benefits for Occupational and Management Employees are provided pursuant to a collective bargaining agreement and the terms under the CenturyLink Disability Plan. If you are an Occupational Employee, you may obtain a copy of the current collective bargaining agreement upon request from the Union or written request to the Plan Administrator. Legacy Qwest LTD Prior to 1/1/12 4

5 YOU MUST FOLLOW PLAN PROCEDURES Please keep in mind that it is very important for you to follow the Plan s procedures, as summarized in this SPD, in order to obtain Plan LTD Benefits, to maintain such Benefits and to help keep your personal health information private. For example, contacting someone at the Company other than the Third Party Administrator or Plan Administrator (or their duly authorized delegates), in order to try to get an LTD Benefit claim issue resolved is not following the Plan s procedures. If you do not follow the Plan s procedures for claiming a LTD Benefit or resolving an issue involving Plan Benefits, there is no guarantee that the Plan Benefits for which you may be eligible will be paid to you on a timely basis, or paid at all, and there can be no guarantee that your personal health information will remain private. PLAN DETERMINATIONS ARE NOT HEALTH CARE ADVICE Please keep in mind that the sole purpose of the Disability Plan is to provide for some income replacement Benefits when you are Disabled, and not to guide or direct the course of health treatments. Just because your health care provider recommends a course of treatment does not mean it will be a recommended treatment plan under the Plan. A determination by the Plan Administrator or Third Party Administrator that a particular course of treatment is not eligible to continue your status for LTD Benefits under the Plan does not mean that the recommended course of treatments, services or procedures should not be provided to the individual or that they should not be provided in the setting or facility proposed. Only you and your healthcare provider can decide what is the right health care decision for you. Decisions by the Plan Administrator or Third Party Administrator are solely decisions with respect to Plan coverage and do not constitute health care recommendations or advice. QUESTIONS? If you have any questions about the Plan, you should contact the Plan Administrator. The name, address and telephone number of the Plan Administrator and other important information about the Plan and its administration are shown in the Plan Administration section of this document. IMPORTANT INFORMATION: The information provided about the Plan in this SPD is based on the provisions of the Plan which are generally effective January 1,2012 This document summarizes certain provisions of the CenturyLink Disability Plan. If there is any conflict between the terms of the Plan document and this document, the terms of the Plan document will govern. The Plan Administrator has the right to determine eligibility, has the authority and discretion to interpret the Plan and other documents, shall decide questions and disputes, has the right to supply omissions, to establish Plan rules and procedures, and resolve inconsistencies and ambiguities in the Plan or any document relating to the Plan. Benefits are determined by CenturyLink and do not create a contract of employment. The Company has reserved the right to change, modify, discontinue or terminate the Plan and the Benefits under the Plan at any time, and from time to time, with respect to any and all participants without prior notice subject to applicable collective bargaining. Legacy Qwest LTD Prior to 1/1/12 5

6 PLAN ADMINISTRATION Name of Plan: Type of Benefits: Administration of the Plan: CenturyLink Disability Plan Disability Benefits The Plan is self-funded by the Company, which means Benefits are paid by the Company out of general assets. The Third Party Administrator reviews claims and determines qualification for Benefits under the Plan. The CenturyLink Disability Plan is a Welfare Benefit Plan for purposes of ERISA. Plan Number: 513 Plan Sponsor: CenturyLink, Inc California Street, 8 th Floor Denver, CO Employer Identification Number: Participating Companies: The list of Participating Companies is located at the end of this SPD and is subject to change at anytime without advance notice. You may contact the Plan Administrator or the Human Resources Department to confirm whether it is up-to-date. Plan Year: January 1 to December 31 Plan Administrator: Third Party Administrator: Agent for Service of Legal Process: CenturyLink Employee Benefits Committee CenturyLink 1801 California Street, 8 th Floor Denver, CO Standard Insurance Company 900 SW Fifth Avenue Portland, OR Associate General Counsel CenturyLink, Inc California Street Suite 900 Denver, CO Legal process may also be served on: The Corporation Company (a.k.a. CT Corp) 1675 Broadway, Suite 1200 Denver, Colorado Legacy Qwest LTD Prior to 1/1/12 6

7 Description of Long-Term Disability Benefits For Legacy Qwest Occupational and Management Employees Effective 1/1/12 Closed Group Disabilities incurred prior to January 1, 2012 LONG-TERM DISABILITY (LTD) BENEFITS When your Short-term Disability (STD) Benefits under the Plan are exhausted, or about to be exhausted, because you have received the maximum STD Benefit available under the Plan, you may apply for LTD Benefits for a continuing Disability, as such term is defined by the Plan. Please Note: At the time your STD Benefits are exhausted, CenturyLink will consider requests for an additional, unpaid medical leave of absence beyond the length of your Short Term Disability benefits if: 1) such a leave request is for an additional, reasonable period to allow you to recover sufficiently to return to work to do the essential functions of your job and, 2) additional leave is required under federal, state or local disability laws. Please tell both your Supervisor and CenturyLink Disability Services (CDS) if you want to be considered for such additional, unpaid medical leave. Eligibility to Receive Benefits You're eligible for LTD Benefits under the CenturyLink Disability Plan if: You're an Occupational Employee, as defined in the Glossary, of a Participating Company whose Disability began prior to January 1, 2012; or You are a Management Employee as defined in the Glossary, of a Participating Company, whose Disability began prior to January 1, 2012; and You've received the maximum STD Benefits available under the Plan and continue to meet each of the definitions of Disabled, as applicable, and explained below; and You fulfill the requirements and obligations under the Plan as explained below in the LTD Benefit Requirements section. Excluded from Participation: Occupational Employees who are Incidental Employees are not eligible to participate in the Plan. Disability Pension for applicable Legacy Qwest Employees You may be eligible for a disability pension if you have 15 or more years of service at the time your LTD commences and are eligible for a benefit under the provisions of the Qwest Pension Plan in effect for employees hired or rehired prior to January 1, However, if you are eligible for a service pension under the terms of the Qwest Pension Plan, you will receive a Legacy Qwest LTD Prior to 1/1/12 7

8 service pension instead of a disability pension as described in the Qwest Pension Plan. A disability pension shall continue to be paid only so long as you remain Disabled and eligible in accordance with the provisions of the Disability Plan as explained below. All other terms of the Qwest Pension Plan apply. Example: In 2008, Kathy becomes disabled at age 50. Kathy has 20 years of service and is not service pension eligible based on her age. Kathy is eligible to receive a disability pension benefit based on the fact that she exhausted her Short- Term Disability Benefit and continues to meet the definition of Disabled under the Disability Plan. Therefore, provided Kathy continues to meet the definition of Disability, she will continue to be eligible to receive her disability pension until age 65. Kathy will be asked to timely submit Objective Medical Evidence of her Disability annually. Kathy may elect to begin receiving her pension from the Qwest Pension Plan immediately when she exhausts her STD and terminates employment or, alternatively, she may defer receipt of her pension benefit until age 65. If Kathy does not timely submit Objective Medical Evidence of her Disability annually when requested, her disability pension will end, which will impact her eligibility for other retiree benefits, such as health and life insurance coverage. NOTE: To determine your pension eligibility status and specifically, whether you are service pension eligible, and/or to answer any questions about the Qwest Pension Plan, please see the Qwest Pension Plan Summary Plan Description, which can be obtained by calling CenturyLink Service Center at Disability Definitions LTD Benefits Months During the first 12 months a Participant receives LTD Benefits, Disability means the Participant is unable to perform his last Company-assigned job, which inability is supported by Objective Medical Documentation which must support both the medical condition and any actual limitation(s) caused by the medical condition. Objective Medical Evidence of Disability must be submitted annually when requested. LTD Benefits After 12 Months. After a Participant has received LTD Benefits for 12 months, Disability means (1) the Participant is unable to engage in any occupation or employment, which inability is supported by Objective Medical Documentation, or (2) the Participant is unable to engage in any occupation or employment, for which he may reasonably become qualified for by training, education or experience, other than a job that pays less than 60% of his Base Pay at the time the Participant terminates employment due to the Disability. Objective Medical Documentation of Disability must be submitted annually when requested. The Objective Medical Documentation must support both the medical condition and any actual limitation(s) caused by the medical condition. Reasons why you would not be eligible for LTD Benefits include, but are not limited to: You're not employed by a Participating Company or in an Ineligible Employee classification. Legacy Qwest LTD Prior to 1/1/12 8

9 You don't meet all the requirements listed under the Short-Term Disability (STD) Benefits section of the STD SPD. You don t meet all the requirements listed under the LTD Benefit Requirements section below. You didn t qualify for and/or exhaust all of your STD Benefits. Your Disability isn't covered by LTD (see What LTD Doesn't Cover section). You did not timely submit Objective Medical Documentation of Disability when requested. LTD Benefit Requirements You are eligible for LTD Benefits provided you meet all of the following requirements and obligations and are not excluded due to operation of another provision of the Plan (for example, refer to Circumstances that May Affect Your Benefits section): You continue to be Disabled (as defined above in Disability Definitions ); You timely complete and submit the required application as directed within 90 days of exhausting STD, otherwise you forfeit LTD benefits; You timely continue to seek proper care and treatment from an approved provider, and follow a recommended treatment plan; You timely provide Objective Medical Documentation supporting your disability to the Third Party Administrator upon request (generally at least annually). Documentation must support your disability claim and include Objective Medical Documentation, diagnosis, and any other information relevant to the nature and duration of your disability - as well as a plan for treatment or management of the condition(s) as requested by the Third Party Administrator; You report for medical and/or psychological examinations at the request of the Third Party Administrator, for the purpose of monitoring your condition; You apply for Social Security Disability Insurance Benefits (SSDIB) when eligible or at the Third Party Administrator's request, and meet the additional requirements outlined in the Social Security Disability Insurance Benefits Requirements section of the STD SPD; You immediately report other sources of disability income to the Third Party Administrator; You reimburse the Company for any overpayment of Disability Benefits that occurs for any reason, including, but not limited to, a Social Security Disability Insurance Benefits (SSDIB) award, Workers Compensation award, State Disability Insurance, etc., received during a period when you also received Benefits from this Plan; and You continue to keep your address information up-to-date by notifying the Third Party Administrator, The Standard, any address change as soon as possible. You should also notify the CenturyLink Service Center of any address changes by calling If you fail to satisfy any of these requirements, your Benefits may be denied, reduced, suspended or discontinued. Requirements are subject to change and you will be provided notice of any such changes. Legacy Qwest LTD Prior to 1/1/12 9

10 If your LTD claim for Benefits is denied, in whole or in part, you are entitled to request a review of the reason for the denial of Benefits. The review procedure is outlined under the Claims Procedure section. All disputes are resolved through the Plan s claim review procedure rather than through grievance procedures outlined in applicable collective bargaining agreements. Benefit Amount The LTD Plan pays a Benefit which, when added to all other sources of disability income, less any offsets as described in Payments Offset by Other Benefits section of this SPD, will equal 60% of your: Base Pay (as defined below); or if applicable, Normal Take-Home Pay (as defined below), if you're receiving non-taxable Workers' Compensation payments as described in the Normal Take-Home Pay section. In either event, your Benefit will be based on your Base Pay in effect immediately prior to your termination from employment. Base Pay For Occupational Employees, your Base Pay is your regular wage or salary rate plus average night differentials, if applicable. The term Base Pay does not include overtime, bonuses, commissions, incentives, at-risk pay, or differentials except as otherwise provided in the specific applicable leveraged compensation plan in effect at the time of the Employee s Disability. For Management Employees, Your Base Pay Rate consists of your regular wage or salary rate. Your Base Pay Rate does not include overtime, bonuses, commissions, sales incentives, at-risk pay, or differentials. LTD Benefits will be paid once a month for the preceding month (for example, July's Benefits are paid in August). If an LTD Benefit is due for a partial month, the payment will be pro-rated and paid with the next month's Benefit. Employment While Disabled Under certain circumstances, you may be eligible for a higher LTD Benefit amount. To be eligible for this increased Benefit, you must be: A Disabled, Occupational or Management participant; Working at a job that pays less than 60% of your Base Pay Rate (or Normal Take-Home Pay, if applicable); and Eligible for LTD Benefits under the terms of the Plan. If you meet these requirements, you may have a combined income of up to 75% of your pre- Disability Base Pay Rate (or Normal Take-Home Pay). This combined income will include your Company pension benefit, including lump sum, if any, your LTD Disability income (other than insurance which you may have privately purchased, such as an Individual Disability Income Legacy Qwest LTD Prior to 1/1/12 10

11 Insurance policy), any other forms of disability payments, and wages earned while on LTD. Examples of documentation that may be required by the Third Party Administrator include, but are not limited to, pay stubs, Social Security earnings reports, other IRS documentation such as W-2, or 1099, etc. If your other sources of income equal or exceed 75% of your pre-disability Base Pay Rate, LTD Benefits won't be paid and you are no longer eligible for a Benefit under the Plan. Payments Offset by Other Benefits Your LTD Benefits are reduced dollar-for-dollar for any offsetting benefits you may receive. Offsetting benefits are disability benefits you receive from other sources (other than insurance which you may have privately purchased as noted in the above paragraph). If you receive a retroactive payment(s) of other disability income during a period of time for which you have received Plan Benefits, you must inform the Plan Administrator and you will have to repay the Plan all or a portion of the LTD Benefits. You will receive a notice of your repayment obligation. It s possible that your Offsetting Benefits could exceed the benefit amounts payable under the Plan. In that event, no LTD Benefits would be paid to you under the Plan; however, you may continue to be eligible under the Plan and you must meet all the obligations under the Plan in order to maintain other benefits that may be available to you based on your LTD status, such as health or life insurance coverage. The most common offsetting benefits include, but are not limited to: Workers Compensation or similar payments (for on-job disabilities); Social Security Disability Insurance Benefit (SSDIB) payments (see the Social Security Disability Insurance Benefit section); State temporary disability insurance; Similar payments provided by any present or future law; and Pension payments under the Qwest Pension Plan with respect to those Participants who are eligible pursuant to the provisions of the Qwest Pension Plan in effect for employees hired or rehired prior to January 1, These are calculated using a single life annuity form of benefit regardless of the form actually chosen. Only the pension benefit effective on September 1, 1983, or the date of your retirement, if later, is considered. Increases to your pension benefit, if any, after your retirement date will not further decrease your Disability Benefit. Effect of Social Security Disability Insurance Benefit (SSDIB) on Disability Benefits Only your initial monthly SSDIB (and not any benefits paid to your family) is considered when calculating how much to offset or reduce your Disability Benefits. Your Disability Benefits won't be further reduced for any future SSDIB cost-of-living increases. If any present or future law - such as state disability laws - should provide for payment of disability benefits, your LTD Benefit will be reduced by the amount payable under the law. However, your LTD Benefit will not be reduced by benefits paid for military service (such as Veterans' Benefits) and/or disability insurance that you privately purchase. Complete Offset of LTD Benefits. It's possible that your offsetting benefits could exceed the LTD Benefit amounts payable under the Plan. In that event, no Benefit payments would be paid Legacy Qwest LTD Prior to 1/1/12 11

12 to you under this Plan. However, you may continue to receive other CenturyLink benefits resulting from your status as a LTD participant and thereby, you continue to be subject to all provisions under the Plan. Please Note the Importance of Continuing to Qualify as Disabled Even if your LTD Benefit is 100% Offset: This means that even if your LTD Benefit is offset completely, your continued status as Disabled under this Plan is vital to maintaining your eligibility for benefits under other CenturyLink-sponsored plans, such as a disability pension from the Qwest Pension Plan or if applicable, retiree health benefits from the CenturyLink Retiree and Inactive Health Plan or the CenturyLink Life Insurance Plan. If you fail to satisfy the requirements to be determined to be Disabled for purposes of this Plan, your eligibility for certain benefits under the Qwest Pension Plan, and if applicable, CenturyLink Retiree and Inactive Health Plan or the CenturyLink Life Insurance Plan may be affected such that they are suspended or ended. Benefit Adjustments, Recovery of Overpayments If you receive a retroactive payment from another source of disability income, which results in an overpayment of a Benefit that has been paid to you: You'll be notified of the overpayment amount; and You'll have 90 days after your notification to reimburse the Company for the overpaid amount. If you do not repay the overpayment in the allotted time, you may be charged costs and fees incurred in recovering the overpayment. Be Advised: CenturyLink reserves the right to deduct any overpayments from future Plan Benefit payments and/or to recover the overpayment amount through payroll deduction or other means. Social Security Disability Insurance Benefit (SSDIB) Requirements To continue receiving your full LTD Benefits, you must apply for SSDIB and meet other requirements, including appealing denials, if any. If you don't meet the application/appeal requirements, your Plan Benefit will be decreased by 50%. LTD Benefits may be reinstated retroactively once you fulfill your SSDIB requirements. The SSDIB application procedure is the same as the procedure described for STD Benefits. If you have questions, refer to the STD SPD. Retroactive Awards In some cases, the Social Security Administration may take a while to determine whether you're eligible for SSDIB payments. At the time Social Security makes a favorable determination and Plan Benefits have been paid for the same period, you will be required to reimburse the Company for all or a portion of your Company-paid Benefit. Refer to the Benefit Adjustment section for information on repaying this overpayment. Legacy Qwest LTD Prior to 1/1/12 12

13 LTD Employment Status When your STD Benefits expire because you have obtained the maximum STD Benefit payable under the Plan, you are no longer employed by the Company and you are removed from the Company payroll and may apply for LTD Benefits. You have no special re-employment rights or any guarantee of re-employment if you later recover from your Disability unless otherwise provided by applicable state or federal law. In addition, the period during which you receive LTD Benefits won't be included in your Term of Employment (TOE) and no pension credits will be granted. Timing of Submission of LTD Benefits Application: So that you do not experience a gap in benefits from the time your STD Benefits are exhausted to when you receive a determination on your eligibility for LTD Benefits, you must apply 90 days in advance of when your STD Benefits terminate. You must submit your application to the third party administrator within 90 days of the expiration of STD Benefits. Failure to timely submit your application results in forfeiture of your LTD Benefits. For assistance with this process, contact The Standard directly at If You Recover From Your Disability Your LTD Benefit payments will stop if you are no longer Disabled as described under the terms of the Plan and explained in the Disability Definition section of this SPD. If you become Disabled again, that later disability isn't covered under the Plan, and no Benefits will be paid. Maximum LTD Payment Period Provided you remain Disabled, and meet the requirements of the Plan, LTD Benefits continue until you reach age 65 - or past that age if you become Disabled after age 61 - as shown on the following table: Age at which STD Benefits commenced Maximum LTD Payment Period* 61 or younger To age /2 years 63 3 years /2 years 65 2 years /4 years /2 years /4 years 69 or older 1 year * The maximum Payment Period includes 52 weeks of STD Benefits (or 78 weeks, if applicable) When LTD Benefits End LTD Benefits will continue until the earliest of the following including, but not limited to: You're no longer eligible under the terms of the Plan (refer to What the Plan Doesn t Cover - Exclusions section). You're no longer Disabled as defined under the terms of the Plan and described in this SPD. Legacy Qwest LTD Prior to 1/1/12 13

14 You fail to meet any of the LTD Benefit payment requirements described in the LTD Benefit Payment Requirements section of this SPD (for example, failure to timely provide Objective Medical Documentation as requested). You receive a lump-sum payment of future Benefits. Your death. You reach the Maximum LTD Payment Period. The Plan is amended or terminated. What The Plan Doesn't Cover - Exclusions The LTD provisions of the Plan don't cover, and no LTD Benefit will be payable for the following, including, but not limited to: The disability of any former employee who becomes Disabled after termination from employment with a Participating Company; The disability of any former employee who is terminated from the payroll for any reason other than expiration of the maximum period for which STD Benefits are provided by this Plan; Any period in which you are incarcerated; Subsequent or future disabilities if your LTD Benefits were discontinued for any reason prior to the later disability; A disability which occurs while the Employee is on active military service; Disabilities caused or contributed to by: Your commission of a felony; Intentionally self-inflicted injury, while sane or insane (however, if your Disability is a result of a mental health condition you may be eligible for Benefits); War or any act of war, declared or undeclared; or Active participation in a riot, insurrection, rebellion, or other civil commotion. This list is not exhaustive and is subject to change. Intentional misrepresentation of any kind by you will be cause for denial or immediate termination of Disability Benefits under the Plan. OTHER IMPORTANT INFORMATION This information may affect your Plan Benefits and the ways you use your Benefits. Cost of the Program and Funding The entire cost of providing and administering LTD Benefits under the CenturyLink Disability Plan is currently paid for by the Company. Discretionary Authority The CenturyLink Employee Benefits Committee, as Plan Administrator of the CenturyLink Disability Plan, and its delegates, have the authority and discretion regarding the Plan and its administration as set forth in the Plan, including but not limited to, the right and discretion to determine all matters of fact or interpretation relating to the administration of the Plan including questions of eligibility, interpretation of Plan provisions, and all other matters. Additionally, the Plan Administrator has the authority and discretion to interpret the Plan and other documents, to decide questions and disputes, to supply omissions, and to resolve inconsistencies and Legacy Qwest LTD Prior to 1/1/12 14

15 ambiguities arising under the Plan and other documents, which interpretations and decisions shall be final and binding for purposes of the Plan. The Plan Administrator shall obtain from Participants and others, such information as shall be necessary for the proper administration of the Plan, such as proof of other coverage and receipt of other disability income. The Employee Benefit Committee has delegated its duties, including but not limited to, its authority and discretion to determine all matters of fact or interpretation, questions of eligibility, status and rights under the Plan, to review and grant or deny claims (as defined by the Plan), to review appeals for purposes of making all Disability determinations and determining all other claims and appeals under the Plan. The decisions of the Plan Administrator and any other person or group to whom such discretion is delegated shall be conclusive and binding on all persons, subject only to the right to submit an appeal as described in this summary plan description. THE PLAN S RIGHT OF RECOVERY AND RIGHT OF FULL RESTITUTION A third party, such as an insurance company, may be responsible for paying your LTD Benefits. For example, if you were in a car accident that was not your fault, the car insurance company of the person at fault may be responsible for paying your claim, which may include the income replacement you receive under the LTD Benefit. The Plan generally will not pay LTD Benefits that can be paid by a third party. However, collecting reimbursement for the LTD Benefits from the responsible third party or insurer may take a long time. In such cases or in other circumstances, the Plan may pay a LTD Benefit to you. If the Plan pays benefits to you, the Plan has the right of recovery to seek repayment (often called subrogation ) from the responsible party or insurer or from you, if you receive payments from the responsible third party or insurer. LTD Benefits Conditional Upon Cooperation The Plan s payment of LTD Benefits is conditional upon: The cooperation of you or your respective agent(s) (including your attorneys) working on your behalf to recover damages from another party. You may be asked to complete, sign, and return a questionnaire and possibly a restitution agreement. If you or your agent(s) refuse to sign and return a restitution agreement, or to cooperate with the Plan or its assignee, such refusal and non-cooperation may be grounds to deny payment of any LTD Benefits. By participating in the Plan, you acknowledge, consent and agree to the terms of the Plan s equitable lien or other rights to full restitution. You will take no action to prejudice the Plan s rights to an equitable lien for full restitution. By participating in the Plan, you agree that you are required to cooperate in providing and obtaining all applicable documents requested by the Plan Administrator or the Company, including the signing of any and all documents or agreements necessary for the Plan to obtain full restitution and to enforce its equitable lien against proceeds received from an third party. Legacy Qwest LTD Prior to 1/1/12 15

16 You are obligated to cooperate with the Plan and the Third Party Administrator in order to protect the Plan s right of recovery and do nothing to impair the Plan s rights. Such cooperation includes, but is not limited to: Providing any relevant information; Signing and delivering such documents as the Plan or Third Party Administrator reasonably requests to secure the Plan s right of recovery claim; and Obtaining the Plan s consent before releasing any party from liability for any payments. You are also required to do all of the following: Inform the Plan Administrator in advance of any settlement proposals advanced or agreed to by another party or another party s insurer Provide the Plan Administrator all information requested by the Plan Administrator, including but not limited to, any action against another party, such as an insurance carrier; this includes responding to letters from the Plan Administrator on a timely basis Not settle, without the prior written consent of the Plan Administrator, or its designee, any claim that you may have against another party, including an insurance carrier Take all other action as may be necessary to protect the interests of the Plan In the event you do not comply with the requirements of this section, the Plan Administrator may deny Benefits to you or take such other action as the Plan Administrator deems appropriate. NOTE: Your refusal or failure to help with the right of recovery process will not limit the Plan s rights, and it can be grounds for denial of your LTD Benefit claims. You must reimburse the Plan to the extent of payments made by the Plan, from the proceeds of any settlement, judgment or payments made by any individual, organization or other entity to you. The Plan has an equitable lien against both LTD Benefits and overpayments and the right to obtain full restitution of the Benefits paid by the Plan from: Any full or partial payment which an insurance carrier makes (or is obligated or liable to make) to you; You, if any full or partial payments are made to you by any party, including an insurance carrier, in connection with, but not limited to, your or another party s: Uninsured motorist coverage Under-insured motorist coverage Other medical coverage No fault coverage Legacy Qwest LTD Prior to 1/1/12 16

17 Workers Compensation coverage Personal injury coverage paid by medical Homeowner s coverage Any other insurance coverage except for private disability insurance and amounts received under SSDIB This means that, with respect to LTD Benefits which the Plan pays, the Plan has the right to full restitution from any payment, settlement or recovery received by you from any other party or source, regardless of whether the payment, recovery or settlement terms state that there is a separate allocation of an amount for the restitution or reimbursement of LTD Benefits under the Plan. Payment Recovery to be Held in Trust You and your agents (including your attorneys) and/or the legal guardian of an incapacitated person agree by request for and acceptance of the Plan s payment of LTD Benefits, to maintain 100% of the Plan s payment of LTD Benefits or the full extent of any payment from any one or combination of any of the sources listed above in trust and without dissipation except for reimbursement to the Plan or its assignee. Any amounts that you recover in connection with a Disability with respect to which the Plan has paid a Benefit shall be apportioned as follows: 1. The Plan shall receive the first dollars for any recovery to the extent of the Plan s payments. 2. The remaining balance of any recovery shall be apportioned to you and any other Plan or insurer providing benefits to you. NOTE: If you receive any monies as the result of your Disability due to an injury, sickness, accident or condition for which the Plan has paid a Benefit, and the Plan is entitled to such monies and is not reimbursed the full amount, the Plan shall have the right to reduce future Disability Benefit payments (LTD and STD, as applicable) due to you by the amount of Benefits overpaid by the Plan. This right of offset shall not, however, limit the rights of the Plan to recover such monies in any other manner. The Plan s right of recovery may be limited or prohibited by applicable law or collective bargaining agreements. RIGHT TO AMEND, ELIMINATE BENEFTS OR TERMINATE THE PLAN CenturyLink intends to continue the Plan but reserves the right to amend the Plan, eliminate Benefits, or terminate the Plan at any time, from time to time and over time, in its sole and absolute discretion, subject as applicable, to collective bargaining agreements for active employees. A Participating Company may terminate its participation in the Plan as to its Employees at any time, subject to any applicable limitations of law and collective bargaining, as applicable. Legacy Qwest LTD Prior to 1/1/12 17

18 CenturyLink s decision to amend the Plan may be due to changes in the law governing welfare plans, in the provisions of a contract or policy with an insurance company, or in the cost of maintaining current levels of coverage, or for any other reason. Changing eligibility, coverage levels or employee contribution requirements are examples of how CenturyLink might amend the Plan. If the Disability Plan is amended, Benefits eliminated or terminated, you won't be vested in any Plan Benefits or have any other rights other than a right to Benefit payments to which you may have previously become eligible before such termination or change. If the Disability Plan terminates, remaining assets of the Plan, if any, may be used either to purchase or to provide Disability or other permissible employee benefits as the Company shall determine in its sole discretion. ALIENATION Except as specifically permitted by the Plan (such as offsets, subrogation and restitution), or as otherwise required by applicable law, Disability Benefits aren't subject to sale, assignment, anticipation, alienation, garnishment, levy, execution, or any other form of transfer. OTHER BENEFITS THAT RELATE TO DISABILITY You have other benefits that may work together with your Disability Benefits. For more information as to your possible eligibility for other CenturyLink-sponsored benefits, refer to the pension, health care and life insurance summary plan descriptions. You may obtain a copy of the pension SPD by going to You may obtain a copy of the health care, life insurance SPD by contacting the CenturyLink Service Center at If you are determined to be no longer Disabled as defined by the Plan and explained in this SPD, for example, you have recovered or you failed to timely submit the required Objective Medical Documentation as requested by the Plan Administrator you may become ineligible for these other CenturyLink-sponsored benefits. Please Note the Importance of Continuing to Qualify as Disabled Even if your Benefit is 100% Offset: This means that even if your LTD Benefit is offset completely, your continued status as Disabled under this Plan is vital to maintaining your eligibility for benefits under other CenturyLink-sponsored plans, such as the Qwest Pension Plan, or if applicable, the CenturyLink Retiree and Inactive Health Plan or the CenturyLink Life Insurance Plan. If you fail to satisfy the requirements to be determined to be Disabled for purposes of this Plan, your eligibility for certain benefits under the Qwest Pension Plan, or if applicable, the CenturyLink Retiree and Inactive Health Plan or the CenturyLink Life Insurance Plan may be affected including, suspended or ended. DISPUTE RESOLUTION All disputes regarding the Plan are resolved through the Plan s claims and appeals review procedure and not through grievance procedures outlined in collective bargaining agreements. Legacy Qwest LTD Prior to 1/1/12 18

19 CLAIMS AND APPEAL PROCEDURES Filing a Claim A claimant, who is a Plan participant, or any person duly authorized by the claimant, may file a claim for LTD Benefits under the Plan or for review of any other appropriate matter related to the Plan by following the procedures outlined here. When to File for LTD Benefits To file a claim you must complete and submit the required application as instructed. If you have received the maximum STD Benefits from the Plan and you have not yet received an application for LTD Benefits, contact the Third Party Administrator, currently The Standard, by calling You must submit your application to The Standard within 90 days of the expiration of STD Benefits. Failure to submit your application results in forfeiture of your LTD Benefits. Upon submitting your application for LTD Benefits, you will be assigned a case manager. Your case manager will attempt to work with your provider to obtain the necessary medical information to process your claim. Important Information: It is ultimately your responsibility to ensure that your treating physician(s) provides your case manager with the information necessary to process your claim. The Standard shall make a decision within a reasonable period of time on your claim for LTD Benefits, but within forty-five (45) days following the completion of your claim unless, however, special circumstances require an extension of time for processing. In that event, The Standard may extend the time in which it will review the claim and will notify you in writing prior to the expiration of the initial forty-five (45) days of the special circumstances necessitating the extension(s) and of the date by which a determination is anticipated. What if your Claim is Denied? If sufficient Objective Medical Documentation is not received within the prescribed timeframes as set forth, your claim will be denied. If your claim is denied, The Standard shall provide you written notification setting forth: (1) the specific reason(s) for the denied claim; (2) specific reference(s) to pertinent Plan provisions on which the denied claim is based; (3) a description of any additional material or information necessary for you to perfect the claim; (4) if an internal rule, guideline, protocol or other similar criterion was relied upon, a statement that such rule etc. was relied upon and either a copy of such rule or a statement that such a rule was relied upon and a copy will be provided free of charge; and Legacy Qwest LTD Prior to 1/1/12 19

20 (5) an explanation of the procedure to appeal a denied claim, the time limits applicable to such procedure and your right, at no charge, to have reasonable access to and to obtain copies of all relevant documents upon request therefore, and a statement that you may have the right to timely bring a civil action under Section 502(c) of ERISA following receipt of a final denied claim. In accordance with the terms of the Plan, The Standard, as Third Party Administrator, has full discretion to deny or grant any claim in whole or in part. How to Request an Appeal An "Adverse Benefit Determination" occurs if your claim for Benefits is denied in whole or in part. An appeal is a review of an Adverse Benefit Determination. To request an appeal to review an Adverse Benefit Determination, contact The Standard in writing. All requests for appeal MUST be made within 180 days of notification of your Adverse Benefit Determination. You have the right to reasonable access and to obtain copies of all documents that are relevant to your claim for LTD benefits. The access and/or copies will be provided at no cost to you. In support of your appeal, you have the right to submit written issues or comments, including unlimited, appropriate evidence or expert testimony. Decision on An Appeal The Standard s Administrative Review Unit shall make a decision within a reasonable period of time, but within forty-five (45) days following the completion of your request for appeal unless, however, special circumstances require an extension of time for processing. In that event, The Standard may extend the time in which it will review the appeal provided that any such extension shall not exceed forty-five (45) days and further provided that you are notified in writing prior to the expiration of the initial forty-five (45) days of the special circumstances necessitating the extension and of the date by which a determination is anticipated. If notice of the decision on the appeal is not furnished in accordance with this paragraph, the appeal shall be deemed to have been denied and you may have the right to timely exercise your right to legal remedy. The Decision on Appeal On appeal, The Standard shall perform a review of the claim denial or Adverse Benefit Determination taking into account all comments, documents, records and other information submitted by you relating to the appeal regardless of whether the information was previously considered on initial review of the claim. You shall be notified in writing of the decision on appeal. In the event of a denial on appeal, the notice of the appeal denial shall state: (A) the specific reason(s) for the denial; (B) the specific reference(s) to the pertinent Plan provisions on which the denial is based; Legacy Qwest LTD Prior to 1/1/12 20

21 (C) if an internal rule, guideline, protocol or other similar criterion was relied upon, a statement that such rule etc. was relied upon and either a copy of such rule or a statement that such a rule was relied upon and a copy will be provided free of charge; and (D) a statement that you may have the right to timely bring a civil action under Section 502(c) of ERISA following your receipt of a final adverse benefit determination on appeal. Legal Remedy and Deadline by Which to Bring a Legal Action If you receive a final Adverse Benefit Determination on appeal, you may have the right to timely bring a civil suit under section 502(a) of the Employee Retirement Income Security Act of 1974, as amended (ERISA). However, any suit or legal proceeding must be brought no later than the last day of the twelfth (12th) month following the later of (1) the deadline for filing an appeal under the Plan or (2) the date on which a final Adverse Benefit Determination (a denial) on appeal was issued with respect to such Plan Benefit claim. Participants are required to exhaust the Plan s claims and appeal process prior to bringing any suit or legal proceeding. STATEMENT OF ERISA RIGHTS As a Plan Participant in the CenturyLink Disability Plan, you are entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974, as amended (known as ERISA ). ERISA provides that all Plan Participants shall be entitled to: Receive Information About Your Plan and Benefits Examine, without charge, at the Plan Administrator s office and at other specified locations, such as worksites and union halls, all documents governing the Plan, including collective bargaining agreements and a copy of the latest annual report (Form 5500 Series) filed by the Plan with the U.S. Department of Labor and available at the Public Disclosure Room of the Employee Benefit Security Administration. Obtain, upon written request to the Plan Administrator, copies of documents governing the operation of the Plan, including, collective bargaining agreements and copies of the latest annual report (Form 5500 Series) and updated Summary Plan Description. The Plan Administrator may make a reasonable charge for the copies. Receive a summary of the Plan s annual financial report. Prudent Actions by Plan Fiduciaries 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 interest 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 a Plan Benefit or exercising your rights under ERISA. Legacy Qwest LTD Prior to 1/1/12 21