RULES POLICE WELFARE FUND LIMITED. Approved by Board March 2012

Transcription

1 RULES OF POLICE WELFARE FUND LIMITED March 2012 Approved by Board March 2012

2 1 POLICE WELFARE FUND LIMITED 1. WELFARE FUND INTERPRETATION COMPANY ROLE AND ADDRESS MEMBER ELIGIBILITY AND CHANGES MEMBERSHIP TYPES APPLICATION COMMENCEMENT DATE CANCELLATIONS RIGHTS OF MEMBERS CONTRIBUTIONS BENEFITS CLAIMS PROCEDURES RULE CHANGES PRIVACY ACT FRAUDULENT OR MISLEADING CLAIMS UPGRADING OF PLAN OPTIONS LIQUIDATION CONSISTENCY APPENDIX 1 - Contribution Rates APPENDIX 2 - Benefits... 10

3 2 POLICE WELFARE FUND LIMITED RULES Made by the Board of Directors, pursuant to paragraph 48 of the Constitution. 1. POLICE WELFARE FUND LIMITED 1.1 The Welfare Fund has been established and operates benefits and services to Members under the Rules set out below. 2. INTERPRETATION 2.1 In these Rules, unless the context otherwise requires, the following expressions shall bear the following meanings: Applicant: Association: Benefit: Board Claimant: Company: Contributions: Credit Union Employees: Fund: Guild: Health Plan: The person completing any application for Membership of the Fund, through being a member of the Fund and whether on the applicant s own behalf or for dependants of an applicant. The New Zealand Police Association Inc. A Benefit payable by the Fund to a Member in accordance with these Rules. The Board of Directors of the Company as appointed under the Constitution. A Member entitled to apply for the payment of a Benefit. Police Welfare Fund Limited and any assignee or appointee of Police Welfare Fund Limited. All subscriptions and additional financial contributions paid or payable by a Member in accordance with these Rules. The Police and Families Credit Union. Employees of the New Zealand Commissioner of Police and employees of any service organisation, whether formal or otherwise, established or operated to administer matters affecting employment or welfare of such employees and their families. Employees includes any permanent employee or any employee who has been employed more than twelve months on a temporary employment contract. The New Zealand Police Welfare Fund Limited. The New Zealand Police Officers Guild Inc. The Police Health Plan Limited administered according to the Constitution and Rules of that Company.

4 3 Member: Non-serving Member: A person who has been accepted for Membership of the Welfare Fund and who has paid (or been excused from paying) all subscriptions due to be paid by that Member for access to the Benefits, and Membership has a corresponding meaning. Any member who is not receiving annual income from New Zealand Police. Police Group Life (sworn): Life and Disability Insurance provided to sworn Police employees that the premium is subsidised by the Employer. Police Group Life (non sworn): Police Home Loans: PolicePlan: Registered Psychologist: Rules: Serving Employee: Staff: StaffPac: Subsidiary Supplementary Life: Life and Disability Insurance provided to non sworn Police employees. Mortgage products and services provided by Police Welfare Fund Mortgages Limited and underwriters. Superannuation or long-term savings product offered to members of Police Welfare Fund Ltd. A person registered as a psychologist under the Psychologists Act These Rules and any amendments to these Rules. Any employee being paid annual income by the New Zealand Police. Any employee of the Company, Association, Guild or Credit Union. Fire, General and other Insurance provided to members by Police Welfare Fund Insurances Limited. Includes any subsidiary company, owned or partly owned, or any joint venture or partnership entered into, by the company. Life Insurance available to all members and their dependants. 2.2 In the interpretation of these Rules, unless the context otherwise requires: references to persons include their respective executors, administrators, successors and permitted assigns; references to persons include individuals, partnerships, firms, associations, corporations and unincorporated bodies of persons, government or semigovernment or local body or municipal bodies and agencies or political subdivisions of them in any case whether having separate legal personality or not; words in the singular shall include the plural and vice versa; words importing one gender shall include the other gender;

5 headings have been inserted for convenience only and shall not affect the construction of these Rules; reference to a statute includes all statutes amending, consolidating or replacing the statute referred to. 3. COMPANY ROLE AND ADDRESS 3.1 The Company shall administer and supervise the operation of the Police Welfare Fund in accordance with the Constitution and Rules. 3.2 The registered office of the Company, Level 11 Willbank House 57 Willis Street P O Box WELLINGTON is the address for service of all notices pursuant to the Police Welfare Fund and until such time as the Company notifies Members of an alternative address. 3.3 Any surplus moneys held by the Company in respect of the operation of the Welfare Fund to be invested shall be invested only in accordance with the rules and limitations, if any, as specified in the constitution of the company. 4. MEMBERSHIP ELIGIBILITY AND CHANGES 4.1 Membership of the fund is open to application by all current employees of the New Zealand Police who are members of the Association or the Guild. Any member currently an employee must be a member of the Association or the Guild in order to be eligible to be a member of the Fund. Members who have disengaged, retired or resigned from the Police do not have to remain members of the Association or Guild to remain a member of the Fund. 4.2 Serving employees who are members of the Fund must also become members of; Police Health Plan; and Police Group Life scheme (sworn) or/and (non sworn) Disengaged, retired or resigned members of the Fund must remain a member of: Police Health Plan If any member who does not wish to join or continue membership of, either Police Health Plan or the Police Group Life Scheme as outlined in 4.3 and 4.4, may apply in writing to the company for dispensation. Such dispensation will only be given if the member can demonstrate; That they have subsidised cover from another employer; and/or Their circumstances are such that in the view of the company there is no requirement for such cover, and/or Any other circumstance, that in the view of the company allows for such a dispensation.

6 5 The decision of the company shall be final. 4.3 Employees who met the criteria as outlined in 4.1 may continue their membership upon retiring/disengaging/resigning from the Police as long as; They have been a member of the Fund for at least twelve months, prior to retiring etc, and They have not been dismissed from the Police, and They have taken up the option to remain a member of the fund within six months of their last day of service. Any member who is excluded as set out above may make application in writing for dispensation. The Board will consider that application and their decision shall be final. 4.4 Membership of the fund is also open to any staff permanently employed by; The Company or its subsidiaries The Association The Guild The Credit Union and such staff are entitled to the same benefits that any non serving member of the Fund. Membership can continue after leaving the employment of one of the above as long as the staff member has been a member of the Fund for more than two years, prior to leaving the employment. 4.5 Membership of the Fund may also be offered to any other person that in the view of the Board, who has a special relationship with the members in general. Such membership of the Fund may be granted with or without conditions at the discretion of the company. 4.6 Members comprising retired/resigned/disengaged employees may continue Membership of the Fund with no upper age limit subject to their subscriptions continuing to be paid in full. 4.7 If a member wishes to make a change to their Membership advice must be supplied to the Company on the appropriate form of application specified by the Company from time to time. 4.8 A Member may remain a Member subject to any other provisions of these Rules, notwithstanding any change in the Member s relationship or circumstances, which would have made the Member ineligible for original Membership if such relationship or circumstances had existed at the time of initial application for Membership. 5. MEMBERSHIP TYPES 5.1 The company offer three types of membership, Full, Associate and Category B. Serving members must be Full members or Category B members. Disengaged, retired and resigned members may choose either Full or Associate. 5.2 Full membership includes but is not restricted to; All benefits, as outlined in Appendix 2 Welfare Grants and Loans Full access to Holiday Homes (twelve months in advance) Full access to all subsidiary business units, (Health Plan etc)

7 6 Newsletter 5.3 Associate membership includes; Restricted access to Holiday Homes (three months in advance) Full access to all subsidiary business units, (Health Plan etc) Newsletter 5.4 Category B membership is restricted to serving sworn members of Police who are not Full members of Police Welfare Fund. Category B members of the Fund provides the member only with access to and coverage under the provisions of the Sworn Police Group Life Insurance policy, and no other benefits whatsoever arising from membership of the Fund. 5.5 Any member who upgrades membership from Category B to Full membership or from Associate to Full membership shall be subject to a 90 day stand down period for any additional benefits or services that such Full membership may offer. There is no stand down period for down grading of membership type. 6. APPLICATION 6.1 Applications for Membership shall be in the form specified by the Company and shall contain a form of declaration to be made by the Applicant declaring such information as the Company may think fit to include on the application form. 6.2 The Company shall provide an acknowledgement of acceptance of application to join to Members along with the conditions of Membership to the Welfare Fund confirming: member s identification number (QID); name and address of the Member; commencement date; a customer service telephone number; an address for claim; and details of the procedure for making a claim. 6.3 Provided however the membership of the Fund of all Category B members will be conferred without the member having to complete the Application for Membership as provided for 6.1 and 6.2 above. 7. COMMENCEMENT DATE 7.1 A Member shall be deemed to have joined the Welfare Fund from the date on which the Member s application is accepted by the Company and the first Contribution has been received by the Company. 8. CANCELLATIONS 8.1 All requests to cancel Membership shall be in writing from the Member, sent to the Company and shall be effective from the date of receipt by the Company of such request.

8 7 8.2 Members failing to pay Contributions by the due date shall have their Membership cancelled immediately at the Company s discretion Part payment of any Contribution in respect of a Member shall be treated as nonpayment and the provisions of clause 8.2 shall apply. 9. RIGHTS OF MEMBERS 9.1 Benefits available to each Member shall be in accordance with the Benefits applicable to the Member and accepted by the Company. Benefits available to each Member shall, in all cases, be subject to exclusions contained in these Rules and exclusions imposed by the Company at the time of acceptance of Membership or subsequently pursuant to these Rules. 10. CONTRIBUTIONS 10.1 The Company shall determine contribution rates from time to time as outlined in Appendix Contributions shall be paid with such frequency and in such manner as determined by the Company. 11. BENEFITS 11.1 The Company shall determine benefits payable to or on behalf of Members from time to time as outlined in Appendix Payment of any Benefit shall be made on the receipt of a properly completed claim form as prescribed by the Company accompanied by original accounts or receipts as required. In submitting a claim, the member will thereby authorise the Member hereby authorises the Company to obtain any information from any source in respect of the claim, if needed Payment of any Benefit shall generally be made direct to the Member or their nominated agent making contributions provided, however, that the Company may, at the Company s discretion, pay such Benefit through a local representative or employee of the Fund whilst recognising the member s right to privacy A Member s entitlement to any Benefit combined with reimbursement from any other source shall not exceed the actual cost of the goods or service The Company may, at its absolute discretion, make an ex-gratia payment to a Member for services for which a Benefit is not otherwise payable. 12. CLAIMS PROCEDURES 12.1 Claims must be submitted within 12 months of the date of the Member incurring any charge for treatment. 13. RULE CHANGES 13.1 The Company may from time to time alter these Rules as the Company, in its discretion, decides without, however, adversely affecting any claim made under the Fund prior to such alteration.

9 8 14. PRIVACY ACT 14.1 All information obtained from and about any Member shall be used for administration of the Fund and processing of Member s applications and claims provided that the Fund may utilise the Member s name and address to provide information to the Member on health benefits, products and other information generally relevant to Employees and the Fund which the Fund wishes to bring to the attention of Members. 15. FRAUDULENT OR MISLEADING CLAIMS 15.1 Notwithstanding any other provisions of these Rules the Company may decline any claim where, in the opinion of the Company, based on information provided by the Claimant and other sources, the claim is fraudulent or misleading. The Company shall have the right in respect of all claims to conduct such investigations and make such inquiries of the Claimant and such third parties as may be relevant to the Claim as the Company deems appropriate. If the Company forms the view that any claim is fraudulent or misleading the Company may forthwith cancel the Claimant s Membership, and decline to pay the benefit. 16. UPGRADING OF MEMBERSHIP TYPE 16.1 All Members wishing to upgrade membership type under the Fund shall complete such application form as determined by the Company from time to time. All exclusions and conditions specified in these Rules shall apply to such Member and the Member s application as if the Member was applying for initial Membership of the Fund. Such changes shall be subject to a stand down period as outlined in Rule LIQUIDATION 17.1 If, at any time, the Company or the Members make the decision to liquidate the Fund and there remains after the satisfaction of all costs, debts and liabilities any property or assets whatsoever, the same shall be given or transferred to some other company, body, institution or trust in New Zealand having as its general objects the same type of objects for which the Fund was established and which shall restrict distribution of its or their income amongst its or their members and in the absence of any decision as to an appropriate recipient of the property of the assets, to such institution, trust or public charity or public charities as a Judge of the High Court of New Zealand may determine. 18. CONSISTENCY 18.1 If there is any conflict or inconsistency between the Rule and the Brochure the provisions contained in the Rules shall be paramount.

10 9 Appendix 1 Contribution Rates As at September 2004 Full membership $3.00 per fortnight ($78.00 p.a.) Associate Membership $1.00 per fortnight ($26.00 p.a.) Category B Membership $1 per year

11 10 Appendix 2 Benefits As at May 1999 Birth Single $ Twins $ Multiple births on application Still Birth $ Stillbirth benefit is only payable for any dead foetus issued from its mother after the 20 th week of pregnancy and where the foetus weighs more than 400 grams. Any foetus issued from its mother less than 400 grams before the 21 st week is deemed to be a miscarriage. (Section 2, Births, Deaths and Marriages Registration Act 1995.) Any child born alive after the 20th week of pregnancy and then subsequently dies is subject to a birth and death benefit. Death $2, The Company may make a grant to a member of up to $2,500 in the event of the death of a member, a members spouse or any wholly dependent child of a member. In exercising this discretion the Company must take into consideration the specific circumstances of the member, including whether the deceased has any insurance cover provided through the two Group Life schemes administered by the Welfare Fund or any alternative Insurance scheme administered by the Welfare Fund. Unless there are exceptional circumstances, the Company will not grant this benefit to any member (or spouse of a member) who is 65 years or older at the time of their death. Relationship Counselling $ per year Hospital Television Hire The fund will reimburse the cost of the hire of a TV for the member or the members immediate family whilst admitted to a Public Hospital. Welfare Grants and Loans Welfare Grants and loans may be made to members in times of need as the result of Trauma or unforeseen circumstances at the discretion of the company. Applications can be made directly to the company or through Police Staff Welfare Officers. Legal Assistance Assistance may be given to a member for costs associated with legal advice in relation to any accident/injury claim with an insurance provider, such as ACC. The amount of assistance is at the discretion of the company.