Short-Term Disability Pay Policy for Hourly & Commissioned Associates

Transcription

1 Short-Term Disability Pay Policy for Hourly & Commissioned Associates POLICY DESCRIPTION Effective March 1, 2016 Effective March 1, 2016, Updated March 2, of 14

2 Table of Contents Table of Contents... 2 Introduction... 3 Important Contact Information... 4 Eligibility and Enrollment... 5 Associate Eligibility... 5 Associate Status Change... 5 Rehire/Reinstatement... 5 Policy Benefits... 6 Short Term Disability Pay Eligibility... 6 The Waiting Period... 6 Exclusions... 6 Calculating Your STD Pay... 7 STD Rate of Pay... 7 Disability Service... 7 Schedule of Benefits... 8 When Payments are Made... 9 How Other Disability Payments Affect Short-Term Disability Pay... 9 Workers Compensation Benefits... 9 State Disability Benefits How the Policy Applies Other Disability Payments to Short Term Disability Pay Overpayment of Short-Term Disability Pay When Short-Term Disability Payments End Returning to Work and Short-Term Disability Payments Multiple Medical Leaves and Short-Term Disability Pay When Short-Term Disability Coverage Ends Claims and Appeals Review Process Claim Determinations Appeals of Adverse Benefit Determinations Appeal Procedure General Provisions Effective March 1, 2016, Updated March 2, of 14

3 Introduction CarMax offers full-time, Hourly and Commissioned Associates a Short-Term Disability Pay Policy ( the STD Policy ) that is designed to provide income protection benefits for participants who meet the qualifications of the program. When an illness or injury prevents a participant from working, the STD Policy may provide pay based on a percentage of that Associate s eligible earnings. Short-Term Disability Pay under the STD Policy is fully funded by the Company. Claims for Short-term Disability Pay ( STD Pay ) are administered by the Leaves Administrator on behalf of the Company. These benefits are not insured with the Leaves Administrator and are fully funded by the Company. This booklet was designed to be an easy-to-read information resource about the CarMax STD Policy. It describes the STD Policy in effect as of March 1, 2016, except as otherwise noted. This Policy describes your rights and obligations under this program, what the program covers and how benefits are paid for that coverage. It is your responsibility to understand the terms and conditions of this Policy, including the Schedule of Benefits. This Policy replaces and supersedes all preceding Policies describing similar coverage. Associates should also refer to the Company s Medical Leave Policy for detailed information regarding their rights and responsibilities while on leave from the Company due to a medical condition (as defined in the Medical Leave Policy). The Medical Leave Policy is coordinated with the STD Policy and payments under the STD Policy run concurrently with approved Medical Leave. Associates must be on an approved Medical Leave to be eligible for benefits under the STD Policy. Associates employed at a New York location should also refer to the CarMax, Inc. New York State Disability Insurance Policy Highlights (the NY Policy ). The STD Policy, and any benefits payable thereunder, are coordinated with the NY Policy. Associates employed at a New Jersey location should also refer to the CarMax, Inc. New Jersey State Disability Insurance Policy Highlights (the NJ Policy ). The STD Policy, and any benefits payable thereunder, are coordinated with the NJ Policy. The STD Policy is a very important component of your total benefits program. You should read this information carefully, share it with your family, and keep it with your other important records. The Company reserves the right to revise or terminate the STD Policy, in whole or in part, at any time and without prior notice to you. The Company also may revise the STD Policy as necessary to comply with law. Effective March 1, 2016, Updated March 2, of 14

4 Important Contact Information Leaves Administrator Call the Leaves Administrator with any questions about the Medical Leave Policy, this STD Policy, or your Medical Leave. Aetna Disability and Absence Management Services Tel: (866) , select the option for Disability Hours of Operation: 8:00 a.m. to 8:00 p.m. ET, Monday through Friday Fax: (866) Online: Send (mail or fax) claims, written appeals, and medical certifications. Fax or mail information and forms to: Mailing Address: Overnight /Special Handling Address: Aetna Disability Workability ACS P.O. Box Lexington, KY Attn: Aetna Group Disability Claims - Plantation 101 Yorkshire Boulevard Lexington, KY For questions regarding your issued paychecks, call: For questions about your STD Pay, call the Leaves Administrator at the contact information noted above. For questions about your paycheck deductions, call the MYKMXHR Service Center at (888) Effective March 1, 2016, Updated March 2, of 14

5 Eligibility and Enrollment Associate Eligibility All regular, hourly and commissioned, full-time Associates, who are regularly scheduled to work at least 30 hours per week, are covered by this STD Policy on the first of the month after completing one year of continuous service. No enrollment forms are required. Temporary and/or part-time Associates (normally scheduled to work less than 30 hours per week) are not eligible. Regular, full-time Salaried Associates are covered under a separate policy. Associate Status Change From Full time to Part time or Temporary: If you experience a status change from full-time to part-time or temporary, you are no longer eligible for STD Pay. Coverage under the STD Policy will end automatically on the effective date of the status change. From Part time or Temporary to Full time: If you experience a status change from part-time or temporary to full-time hourly or commissioned, your coverage under this STD Policy will become effective on the date of the status change provided that you meet the eligibility requirements as defined above. From Hourly or Commissioned to Salaried: If you transfer from a position in which you are paid an hourly rate or commissioned wages to a salaried position, your coverage under this STD Policy will cease and you will be covered under the Short-term Disability Pay Policy for Salaried Associates effective on the date of your status change. From Salaried to Hourly or Commissioned: If you transfer from a salaried position to an hourly or commissioned position, your eligibility for STD Pay will be based on the eligibility requirements of this Policy as of the effective date of your status change. Rehire/Reinstatement If you terminate employment and are later rehired or reinstated, as determined under the CarMax Rehire/Reinstatement Policy, as a full-time hourly or commissioned Associate: you will be covered under this STD Policy as of: In the case of reinstatement, the first of the month following your date of reinstatement; or In the case of rehire, the first of the month following one year of continuous service from your date of rehire. Effective March 1, 2016, Updated March 2, of 14

6 Policy Benefits The Short-term Disability Program provides you with a portion of your pay if you should become Disabled and unable to work because of an illness, injury, or pregnancy-related condition while your coverage is in effect and so long as you meet all requirements under this Policy and the Medical Leave Policy. Short Term Disability Pay Eligibility You will be eligible for STD Pay while covered under this Policy on the first day of your approved Medical Leave following the Waiting Period. Your eligibility for STD Pay under this Policy is evaluated based on the eligibility rules established by this Policy and whether your Medical Leave is approved by the Leaves Administrator. No separate application process for STD Pay is required. If your Medical Leave is approved and you meet the eligibility requirements of this STD Policy for STD Pay, your STD Pay will begin as soon as administratively practicable and will be based on the applicable Schedule of Benefits. STD Pay is only payable for periods of approved Medical Leave. The Waiting Period The Waiting Period before STD Pay is payable is seven consecutive calendar days of approved Medical Leave. No STD Pay is payable for or during the Waiting Period. During your Waiting Period, you may be eligible for pay under the CarMax Sick Time Policy (available on the CarMax World). For questions regarding sick time balances, please refer to the Sick Time Policy, review your sick time accruals in Kronos, or contact your manager. Exclusions STD Pay will not be paid for a disability or absence that: Is not approved by the Leaves Administrator; Is related to elective cosmetic surgery or treatment; Is related to the current use of illegal drugs (within the meaning of the Americans with Disability Act); Is a result of work for pay or profit other than as an Associate of CarMax; Is due to insurrection, rebellion, or taking part in a riot or civil commotion. Is due to intentionally self-inflicted injury (while sane or insane). Is due to war or any act of war (declared or not declared). Results from your commission of, or attempting to commit a criminal act. Results from a motor vehicle accident caused by operating the vehicle while you are under the influence of alcohol. A motor vehicle accident will be deemed to be caused by the use of alcohol if it is determined that at the time of the accident you were: Operating the motor vehicle while under the influence of alcohol at a level which meets or exceeds the level at which intoxication would be presumed under the laws of the state where the accident occurred. If the accident occurs outside of the United States, intoxication will be presumed if the person's blood alcohol level meets or exceeds.08 grams per deciliter. STD Pay is not payable for any period of Medical Leave during which you are confined in a penal or correctional institution for conviction of a criminal act or other public offense. You will not be considered to be disabled, and no benefits will be payable. Effective March 1, 2016, Updated March 2, of 14

7 Policy Benefits (cont.) Calculating Your STD Pay Several factors are taken into account when determining the amount of your STD Pay. STD Pay is calculated based on (1) your STD Rate of Pay; (2) your Disability Service, and (3) the applicable Schedule of Benefits. Each of these terms are described in the sections below. Your STD Pay may be reduced by any other disability-related income benefits you are eligible to receive. The amount of the other disability related income benefits will be subtracted from the STD Pay for which you are eligible. Please refer to the How Other Disability Payments Affect Short-Term Disability Pay section of this document for details about the other income benefits that may reduce your STD Pay. STD Rate of Pay Your STD Rate of Pay will be based on the greater of: (1) your current average weekly Eligible Earnings rate, or (2) your average weekly Eligible Earnings for the 12 months preceding the date you request your leave with the Leave Administrator. Eligible Earnings include wages paid for regular base pay, commissions, monthly bonuses, paid time off and STD Pay before pre-tax deductions are withheld, such as Retirement Savings Plan (401(k)) contributions or your Health Care Plan premiums. Eligible Earnings exclude overtime and special allowances, such as year-end bonuses, stock-related income, the cost of group life insurance included in taxable income, moving bonuses, tuition reimbursement, meal allowance, and similar items. Your STD Rate of Pay is established as of the date your approved leave begins and will remain in effect for the entire period of your approved Medical Leave. Disability Service Your Disability Service is your completed years of service as of the first day of your approved Medical Leave. If you complete another year of service during your Medical Leave, benefits will not change to reflect the additional year. If you terminated employment and were later rehired or reinstated, as determined under the CarMax Rehire/Reinstatement Policy, your Disability Service will be calculated as follows: If you were rehired, your Disability Service will not include prior employment periods with the Company. In this case, your Disability Service would be counted from your most recent date of hire with the Company. If you were reinstated, your Disability Service will include prior service with the Company (to the extent such service was reinstated). Note: Please refer to the CarMax Rehire/Reinstatement Policy (available on the CarMax Way) for more information regarding your classification upon re-employment. If you transferred from a salaried, part-time or temporary status, you will receive Disability Service credit for such periods of service. Effective March 1, 2016, Updated August 24, of 14

8 Policy Benefits (cont.) Schedule of Benefits Your STD Pay is based on your years of Disability Service with the Company. Your years of Disability Service determine the number of weeks and the percent of your STD Rate of Pay that will be paid to you for the duration of your approved Medical Leave, as shown in the Schedule of Benefits below.* Years of Disability Service # of Weeks at 75% of Pay** # of Weeks at 50% of Pay Total Eligible Weeks Less than 1 Year Special Note about Maternity Leave: Maternity is a form of leave under the CarMax Medical Leave Policy. If you have a baby, your eligibility for STD Pay is based on the Schedule of Benefits above, but is limited to a maximum of 6 weeks for a vaginal delivery or 8 weeks for a cesarean delivery. If you remain disabled beyond these timelines, contact the Leaves Administrator to conduct a review of your need for additional leave. * If your injury or illness is occupational and compensable under the Workers Compensation laws of your state, the maximum STD Pay for which you may be eligible is limited to 66% of your average weekly wage, calculated in accordance with the Workers Compensation rules in your state, and is subject to reduction by the amount of your Workers Compensation benefits. STD Pay will be offset by any benefits payable under any applicable state disability programs. The total of STD Pay plus benefits under the state program will not exceed 100% of your STD Rate of Pay. A special policy applies to Associates who work in the states of New York or New Jersey. Please refer to the NY Policy or NJ Policy, as applicable, on the CarMax Benefits website. Effective March 1, 2016, Updated August 24, of 14

9 Policy Benefits (cont.) The following example shows how STD Pay is calculated for an hourly or commissioned Associate with three years of Disability Service as of the first day of approved Medical Leave and an STD Rate of Pay of $300 per week. Please note that this is only an example of how STD Pay is calculated. Actual STD Pay received under the program will generally differ for each Associate. 4 Weeks at 75% of STD Rate of Pay 5 Weeks at 50% of STD Rate of Pay 4 Weeks: $300 x 75% = $225 per week x 4 weeks = $ 900 Plus 5 Weeks: $300 x 50% = $150 per week x 5 week = $ Weeks Total STD Pay: $1,650 When Payments are Made STD Pay will not be paid until your Medical Leave has been approved. STD Pay begins as of the eighth consecutive calendar day of approved Medical Leave. You will begin receiving STD Pay as soon as practicable based on the paycheck cycle associated with your position prior to the Medical Leave. How Other Disability Payments Affect Short-Term Disability Pay Please read this section carefully. It explains which other disability payments may reduce your STD Pay. It is your responsibility to enroll in (or apply for) benefits from other sources when you are eligible. See the section titled, Required Proof of Other Disability Payments under the Policy for more information. Your STD Pay may be reduced by any other disability payments that you are entitled to receive, such as Workers Compensation, State Disability, or any other employment-related benefits. This includes (but is not limited to): Temporary or permanent, partial or total, disability benefits under any workers' compensation law, state disability insurance law, or similar law meant to compensate a worker for: - Loss of past and future wages; - Impaired earning capacity; - A lessened ability to compete for jobs; - Any permanent impairment; and - Any loss of bodily function or capacity. Please note that the method for calculating STD Pay under this Policy may differ from the methods used by other parties. Workers Compensation Benefits Workers Compensation payments will be paid to you directly from the Workers Compensation carrier. These payments will be separate from STD Pay, which is paid by the Company. Your STD Pay is subject to reduction based on the Workers Compensation benefits payable to you and the Special Provisions for Occupational Injuries or Illnesses described below. Special Provisions for Occupational Injuries or Illnesses If your injury or illness is compensable under the Workers Compensation laws applicable to you, your eligibility for STD Pay is limited to 66% of your average weekly wage, calculated in accordance with the Workers Compensation rules in your state. Your STD Pay will be reduced by the amount of your Workers Compensation benefit. For example: You are injured at work and are determined to be eligible for Workers Compensation benefits. Based on the Workers Compensation Administrator s calculations, your Workers Compensation benefits are determined to be 60% of your pre-disability wages. You are an Hourly Associate who has been with the Company 5 years. The Schedule of Benefits applicable to you indicates STD Pay up to 6 weeks at 75%, then 9 weeks at 50%. Because this is an Occupational Injury, your STD Pay is limited to a maximum of 6 weeks at 66%, then 9 weeks at 50%. Effective March 1, 2016, Updated August 24, of 14

10 Policy Benefits (cont.) In this example, you may be eligible to receive STD Pay up to the 6% difference between 66% and the 60% Workers Compensation benefit being paid to you. Please note that the formula for calculating Workers Compensation benefits may be different than the formula applicable to STD Pay. In these cases, STD Pay will be calculated based on the provisions of the Workers Compensation rules in your state. State Disability Benefits Associates who work for the Company may qualify to receive state disability benefits and STD Pay. You are responsible for completing and filing any State Disability Benefit application forms. Your STD Pay will be reduced by State Disability Benefits. If you are entitled to State Disability Benefits, your STD Pay plus State Disability Benefits will not exceed 100% of your STD Rate of Pay as of your Initial Date of Disability. For Associates in California and Rhode Island who are on an approved Medical Leave of Absence, the Leaves Administrator will initially apply an estimate of the weekly State Disability Benefit you may receive as an offset to your STD Pay. If you are receiving an amount that is different than the estimated weekly State Disability Benefit, you are responsible for providing the Leaves Administrator with the appropriate documentation detailing the State Disability Benefit payable to you. In such cases, your STD Pay will be adjusted accordingly. If an overpayment has occurred you will be responsible for the repayment of the ineligible payments you received. To apply for California State Disability Insurance payments, visit and use Form DE2501- Claim for Disability of Insurance Benefits. To apply for Rhode Island State Disability Insurance payments visit and follow the instructions on the left hand side for the TDI/TCI Online Application. See the section titled, Required Proof of Other Disability Payments under the Policy for more information. For Associates who work in the states of New York and New Jersey who are on an approved Medical Leave of Absence may be entitled to payments under their state-specific policy if they meet state eligibility requirements. The NY Policy and NJ Policy are fully insured products which are administered by Aetna. If an associate is eligible for payments, those payments will be made directly to the associate by Aetna. For additional information regarding these state-specific policy requirements, please refer to the NY Policy or NJ Policy, as applicable, each of which is available on the CarMax Benefits website. Effective March 1, 2016, Updated August 24, of 14

11 Policy Benefits (cont.) How the Policy Applies Other Disability Payments to Short Term Disability Pay Any other disability payments you receive are calculated as prorated on a weekly basis over the period of time for which the payment was made. If a period of time is not indicated, the Leaves Administrator will prorate the payments over a reasonable period of time based on available information. The Leaves Administrator will take into account the expected duration of your disability payments and other relevant factors. Any other disability payments that date back to a prior date may be allocated on a retroactive basis. Estimates of Other Income Benefits The Leaves Administrator will estimate the other disability payments for which you appear to be eligible. If other disability payments are estimated, your STD Pay will be adjusted when the Leaves Administrator receives proof: Of the exact amount paid or awarded; or That benefits have been denied after review at the highest administrative level. If estimating your other disability payments results in an underpayment, you will be paid the difference between the underpayment and the STD Pay payable. If there is an overpayment, you must repay the Company the overpayment. Required Proof of Other Disability Payments under the Policy The Leaves Administrator may require proof: That you have applied for all other disability payments that you are (or may be) eligible to receive because of your disability, and you have made a timely appeal of any denial of benefits through the highest administrative level. "Timely appeal" means making the appeal in the time required, but never more than 60 days after the latest denial. That you have furnished the necessary proof needed to obtain other disability payments, which includes, but is not limited to, workers' compensation benefits; That you have not waived (given up your right to) any other disability payments without the Company s written consent; That you have sent the Leaves Administrator copies of documents showing the effective dates and amounts of other disability payments. If you do not provide any proof that the Leaves Administrator may require, the Leaves Administrator has the right to suspend or adjust your STD Pay by the estimated amount of your other disability payments. Overpayment of Short-Term Disability Pay If payments are made in amounts greater than the STD Pay that you are entitled to receive, the Company has the right to do any one or all of the following: Require you to return the overpayment on request; Stop payment of benefits until the overpayment is recovered; Take any legal action needed to recover the overpayment; and Place a lien, if not prohibited by law, in the amount of the overpayment on the proceeds of any other income, whether on a periodic or lump sum basis. If the overpayment: Occurs as a result of your receipt of regular wages while out on a leave or any other disability payment for the same period for which you have received STD Pay; and To obtain such other disability payment advocate or legal fees were incurred; This Policy will exclude from the amount to be recovered, the cost of recovery, such as advocate or legal fees; provided you return the overpayment within 30 days of the written request for the overpayment. If you do not return the overpayment within 30 days, such fees will not be excluded; you will remain responsible for repayment of the total overpaid amount. Effective March 1, 2016, Updated August 24, of 14

12 Policy Benefits (cont.) If the Company must take legal action to recover an overpayment, you will be responsible to pay the Company s reasonable attorneys fees and court costs, if the Company prevails. When Short-Term Disability Payments End Your STD Pay will be made until the earliest of the following: You return to your regularly scheduled hours in effect prior to your approved Medical Leave; The last day of your approved Medical Leave; The date you are able to work under the terms of the Company s policies for returning to work and you choose not to; or The date you reach the end of your STD payment period, as shown in the Schedule of Benefits. Returning to Work and Short-Term Disability Payments If your Disability is the result of any treatment for any form of substance abuse, you must provide certification from a Physician that you have successfully completed a course of rehabilitative treatment before you may return to work. Partial Short-Term Disability If your Physician advises that you may return to work on a reduced schedule due to your Disability, you may qualify for partial STD Pay. In that case, you will receive STD Pay, subject to the Payment Schedule provided above, for the number of hours by which your schedule is reduced. The number of hours by which your schedule is reduced is the difference between your average hours worked (excluding overtime) in the four-week period prior to your approved Medical Leave (not to exceed 40 hours) and the number of hours that your Physician has released you to work. Multiple Medical Leaves and Short-Term Disability Pay If you return to your regularly scheduled full time hours from an approved Medical Leave of Absence and go on a subsequent approved Medical Leave of Absence within 14 calendar days of your return to work, your Medical Leave and STD Pay will resume under the Schedule of Benefits as if you had not returned to work. You will not be required to meet a new Waiting Period. If you return to your regularly scheduled full time hours from an approved Medical Leave of Absence and go on a subsequent approved Medical Leave of Absence 15 or more calendar days after you return to your regular work schedule, such Medical Leave will be considered a new Leave, and will be subject to a new Waiting Period and approval by the Leaves Administrator. If the new Medical Leave is approved, your STD Pay will start over based on the Schedule of Benefits and your new initial date of Disability. If you return to work on a reduced schedule on your Physician s advice at the end of your approved Medical Leave of Absence and you have a subsequent approved Medical Leave of Absence, your Medical Leave and STD Pay will resume under the Schedule of Benefits as if your Medical Leave had not been interrupted. When Short-Term Disability Coverage Ends Coverage under this STD Policy will end on the earliest of the following: The date you cease to be an eligible participant under the STD Policy; The date your employment with the Company ends; The date of your last day worked prior to taking a leave of absence other than a Medical Leave; or The date the STD Policy is terminated. Effective March 1, 2016, Updated August 24, of 14

13 Claims and Appeals Review Process Claim Determinations The Leaves Administrator will make notification of a claim determination as soon as possible but not later than 45 calendar days after the claim is received by the Leaves Administrator. The Leaves Administrator may take additional time, not to exceed 30 calendar days, if it determines that such an extension is appropriate due to matters beyond its control. Appeals of Adverse Benefit Determinations You may submit an appeal if the Leaves Administrator denies your claim. You must submit your appeal to the Leaves Administrator within 90 calendar days of the date of the denial. Your appeal must be submitted in writing and should include: Your name; Your reasons for making the appeal; and Any other information you would like to have considered. You may submit written comments, documents, records, and other information relating to your claim, whether or not the comments, documents, records, or information were submitted in connection with the initial claim. Send in your appeal to the address shown on the notice of claim denial. You may also choose to have another person (an authorized representative) make the appeal on your behalf by providing your written consent to the Leaves Administrator. Appeal Procedure The Leaves Administrator will issue a decision within 45 calendar days of receipt of the request for an appeal. The Leaves Administrator may take additional time, not to exceed 30 calendar days, if it determines that such an extension is appropriate due to matters beyond its control. Effective March 1, 2016, Updated March 2, of 14

14 General Provisions Administrative Notice The Company has delegated to the Leaves Administrator the discretionary authority to interpret the terms of the Policy and to decide factual and other questions relating to the Policy and Policy benefits, including without limitation, questions relating to eligibility for, entitlement to, and payment of benefits. Duty to Cooperate You have a duty at all times while your claim is under consideration to cooperate with the Leaves Administrator in its investigation and evaluation of your claim. The Leaves Administrator may require you to supply signed authorizations to allow it to obtain medical and other information. The Leaves Administrator may require you and your physicians to supply documents, provide information, and fill out forms that are needed, in the Leaves Administrator's judgment, to assist it in evaluating your claim. Failure to cooperate with the Leaves Administrator's reasonable requests for documents and information may result in a denial of your claim. Failure to provide the Leaves Administrator with truthful and/or accurate information may result in a denial of your claim. The Leaves Administrator will have the right and opportunity to have a physician or appropriate medical professional of its choice examine any person who is requesting certification or benefits for new and ongoing claims. Multiple exams, evaluations and functional capacity exams may be required during your disability for an ongoing claim. This will be done at all reasonable times while certification or a claim for benefits is pending or under review. This will be done at no cost to you. Deadline to Bring Legal Action You must complete the claims and appeals processes described above before you may bring legal action. Pursuant to this Policy, you waive your right to recover any benefits, damages, attorneys fees, and/or costs through legal action if your initial claim or appeal to the Leaves Administrator is not made within the time periods set forth above. Once you have completed the claims and appeals process described above, you must file any legal action related to your claim within 90 days of the final decision on appeal. You waive your right to recover any benefits, damages, attorneys fees, and/or costs through legal action after this 90-day period expires. Forum for Legal Action Any legal action related to your claim or this Policy is subject to the CarMax Dispute Resolution Rules and Procedures arbitration provisions and the Dispute Resolution Agreement you executed upon commencing employment with CarMax. Confidentiality Information contained in your medical records and information received from any provider incident to the provider-patient relationship shall be kept confidential in accordance with applicable law. Information may be used or disclosed by the Leaves Administrator when necessary for the operation of the Policy, payment and administration of claims for benefits under the Policy, or other activities, as permitted by applicable law. Additional Provisions The following additional provisions apply to your coverage. In the event of a misstatement of any fact affecting your coverage under the Policy, the true facts will be used to determine the coverage in force. Effective March 1, 2016, Updated March 2, of 14