Single Life Relevant Life Policy Terms and Conditions. Reference BGR/6751/AUG10-P

Transcription

1 Single Life Relevant Life Policy Terms and Conditions Reference BGR/6751/AUG10-P

2 Contents Page Definitions 3 1 The single life benefit 4 2 Commencement of cover 3 Claims 4 Free cover level 5 Premiums 5 6 Amendment of cover terms 7 Termination 8 Event limits 6 9 Other matters 7 10 Notices 2

3 Definitions The Friends Life Single Life Relevant Life Policy is provided under a group life insurance policy by Friends Life Limited, which is part of the Friends Life group. All references to Friends Life should be read as reference to Friends Life Limited. The terms set out below are defined terms. Where they are used in bold in these terms and conditions they shall have the meaning set out below unless the context indicates otherwise. The definitions set out in the related policy shall have the same meaning as set out there. Where appropriate, the singular includes the plural, references to males include females and expressions defined in the definitions or elsewhere in the policy shall have the meanings respectively ascribed to them. Reference to any statutory provision shall be deemed to include any consolidation, modification, re-enactment or replacement or regulations thereunder made and in force from time to time. A reference to a person shall include an individual, a corporate body, a firm, association, partnership or trust. Actively at work A member shall be actively at work if that person is present at their place of work and is mentally and physically capable of performing the normal duties for the normal hours required by the job for which they are employed; Friends Life Friends Life means Friends Life Limited which is an incorporated company limited by shares and registered in England and Wales number Registered office: Pixham End, Dorking, Surrey RH4 1QA; Related policy The related policy specified in the single life policy schedule; Single life The employee of the principal employer or participating employer who is named in the single life policy schedule; Single life benefit The agreed lump sum payable by Friends Life under the single life policy on the death of the single life set out in the single life policy schedule subject to the single life benefit limit; Single life benefit limit The maximum amount of single life benefit payable by Friends Life which, subject to the relevant provisions of these terms and conditions, shall be the lower of: (a) the amount of single life benefit; or (b) if applicable, the free cover level (subject to clause 4.2 of the terms and conditions); or (c) the maximum amount payable in respect of the single life under the rules of the single life scheme; Single life commencement date The date on which cover under the single life policy commences, as set out in the single life policy schedule; Single life expiry age The age specified in the single life policy schedule at which the single life will cease to be covered under the single life policy; Single life free cover level The level up to which single life benefit will be provided regardless of the state of health of the single life, as specified from time to time in the single life policy schedule. The way in which the single life free cover level operates for the single life policy is set out in clause 4; Single life normal salary The single life s total basic salary (excluding benefits and bonuses) on the date immediately prior to the single life s death or such other basis as may be set out in the single life policy schedule; Single life policy This policy, which shall include the single life policy schedule, the single life terms and conditions together with any endorsements and to the extent applicable any related policy or policies; Single life policyholder The holder of the single life policy for the time being; 3

4 Single life policy schedule The details of cover in respect of the single life policy set out in the schedule to the single life policy as amended from time to time; Single life premium The premium payable in respect of the single life policy; Single life qualification date The date on which an employee becomes the single life; Single life scheme The single life scheme named in the single life policy schedule and established by the principal employer or another company, firm, organisation, person or body of persons which preceded the principal employer under the single life scheme and Friends Life acknowledges as having done so; Single life scheme rules The rules of the single life scheme set out in the deed establishing the single life scheme; Single life terms and conditions These terms and conditions reference BGR/6751/AUG10-P. 1 The single life benefit 1.1 Friends Life will provide cover for the single life equal to the single life benefit calculated in accordance with the single life policy. 1.2 Friends Life shall pay the single life policyholder on the death of the single life during a policy year the single life benefit. Payment is subject to: (i) the single life terms and conditions; and (ii) the single life policyholder having claimed such single life benefit and, having complied with all its obligations under these single life terms and conditions (including, without limitation, all requests from Friends Life for information pursuant to clauses 3 and 6). 2 Commencement of cover 2.1 Subject to these single life terms and conditions and the single life policy schedule, cover under the single life policy will begin on the single life commencement date and continue until determined in accordance with the single life policy. 3 Claims 3.1 The single life policyholder shall inform Friends Life of the death of the single life as soon as practicable and in any event within one month of the event occurring and provide in respect of the single life such information as Friends Life may reasonably request, including, without limitation: (a) a death certificate; (b) such medical reports and other information about the single life s medical condition and history (including the employee s age) as Friends Life may reasonably require; (c) evidence of the single life s normal salary; and (d) such other information as Friends Life may require pursuant to this clause If the single life policyholder fails to comply with any of the provisions of this clause 3 in relation to the single life then Friends Life shall be entitled to withhold payment until the relevant requirement has been fulfilled. 3.3 Friends Life shall not be liable for any act, error or omission arising directly or indirectly from any error in or omission from any data, information or evidence provided to it by the single life policyholder or an employer. 3.4 Friends Life shall be entitled to recover from the single life policyholder any overpayment of benefit which was the direct or indirect result of any incorrect data, information or evidence provided to it. 4 Free cover level 4.1 The single life benefit limit shall not be restricted by the single life free cover level from the date where Friends Life has agreed in writing with the single life policyholder that it will provide cover in excess of the single life free cover level. In such a case the single life benefit limit shall include the additional amount agreed in writing by Friends Life. 4

5 4.2 Where an application for cover which exceeds the single life free cover level has been submitted to Friends Life the single life benefit limit shall be limited by the lesser of the amount applied for and 3,000,000, save as set out in clause 4.3 below, in place of the single life free cover level in respect of any claim between the date on which the application was notified to Friends Life and the earlier of: (a) the day being 90 days after the single life qualification date or such other date as Friends Life may agree in writing; and (b) the date from which Friends Life has agreed or declined to provide terms for a single life benefit limit in excess of the single life free cover level, subject to the other single life terms and conditions of the single life policy. 4.3 Where clause 4.2 applies, the single life benefit limit shall be the single life free cover level (or any previously agreed increase in excess of the single life free cover level) in respect of any claim: (a) arising directly or indirectly as a result of a pre-existing condition; or (b) where the single life was accepted for cover under the single life policy on non-standard terms. 4.4 Any application made for a single life benefit limit which exceeds the single life free cover level shall be considered by Friends Life at its sole discretion and may result in exclusions, loadings, postponements and declinatures and the single life policyholder shall provide to Friends Life in respect of the single life such evidence of health and other matters relevant to the assessment of risk as Friends Life may reasonably require. 5 Premiums Premiums payable 5.1 The single life policyholder shall pay the single life premium to Friends Life for each policy year and the minimum premium payable for a policy year shall be the minimum premium level (combined with the related policy). 5.2 Annual payments to Friends Life shall be made by cheque or by direct debit. Quarterly or monthly payments shall be made only by direct debit. Non-payment 5.3 If the single life policyholder fails to make any payment when due under the single life policy then, cover under the single life policy shall terminate with immediate effect, and all outstanding payments under the single life policy shall become due and payable. If the single life policyholder makes the outstanding payment which has given rise to a termination of cover under this clause within 30 days of the due date Friends Life may at its entire discretion reinstate cover. 5.4 If at any time the monthly or quarterly premium payable by the single life policyholder is reduced to less than the monthly or quarterly minimum premium level (combined with the related policy), Friends Life shall be entitled to require full payment for the policy year in advance. 6 Amendment of cover terms Changes to terms by Friends Life 6.1 Friends Life shall have the right to vary, modify or amend forthwith any term of the single life policy at any time and to the same extent that Friends Life has the right to vary, modify or amend any term of the related policy. 6.2 Friends Life will give notice to the single life policyholder of any variation, amendment or modification pursuant to clause 6.1 on the same basis as any notice given under the related policy. 7 Termination 7.1 Cover will terminate if cover under the related policy terminates. Termination by Friends Life 7.2 Cover under the single life policy may be terminated by Friends Life: (a) if Friends Life has the right to terminate the related policy; (b) with immediate effect by notice from Friends Life, if the single life policyholder, the principal employer or any participating employer have failed in their duty of utmost good faith by supplying misleading, incorrect or incomplete information to Friends Life, or if the single life has failed in the said duty. 5

6 Termination by policyholder 7.3 Cover under the policy may be terminated by the single life policyholder: (a) if the single life policyholder has the right to terminate the related policy; (b) at any time by notice to Friends Life with immediate effect if Friends Life is in material breach of its obligations under the single life policy or the related policy and such breach has not been remedied within 60 days of service by the single life policyholder of notice of such breach; (c) at any time provided that no less than 30 days prior written notice of such termination has been served by the single life policyholder on Friends Life. Continuation of claims 7.4 A valid claim, accepted by Friends Life as such, notified to Friends Life in respect of the death of the single life prior to the date on which notice of termination is duly served in accordance with this clause 7 shall continue to be eligible for payment. Termination of membership 7.5 The single life will cease to be covered under the single life policy (and the single life policy will terminate) on the earliest to occur of the following events: (a) on reaching the single life expiry age (unless otherwise agreed in writing by Friends Life); (b) on retiring from the service of the principal employer or any participating employer prior to the single life expiry age (unless otherwise agreed in writing by Friends Life); (c) on the elapse of a continuous period of absence of 36 months due to incapacity (or such other period as may be agreed in writing by Friends Life); (d) on the elapse of a continuous period of absence of one month due to reasons other than incapacity, save where Friends Life authorises a period of up to 12 months (or such other period as may be agreed in writing by Friends Life); (e) on leaving the service of the principal employer or any participating employer; (f) on ceasing for any reason to be a member of the scheme. 8 Event limits 8.1 Subject to clause 8.2 Friends Life s maximum liability under the single life policy and the related policy for the deaths of any and all members and/or the single life which are attributable directly or indirectly to one originating cause shall be the lesser of the liabilities calculated on the basis set out in clauses and irrespective of the period or area over which the deaths occur. For the purposes of this single life policy and the related policy a series or sequence of causes on the balance of probability actuated by the operation of human agency acting in concert or in accordance with a plan or design shall be deemed to be one originating cause The maximum location liability shall apply to all members and/or the single life whose principal place of employment is within one postal location for deaths attributable directly or indirectly to one originating cause as described in clause The lesser of the aggregated maximum location liability for each postal location and maximum group liability shall apply in the case of the deaths of any members and/or the single life which are attributable directly or indirectly to one originating cause, as described in clause 8.1 where those members and/or the single life; (a) have their principal place of employment at more than one postal location under the single life policy, the related policy or any other policy or scheme provided by Friends Life and are employees of the policyholder and/or the policyholder group, and (b) are gathered together in one place. For the purposes of this clause a place shall be construed in accordance with the nature and extent of the applicable cause and may be (for example) a single building, a complex of buildings, an aeroplane, a ship, a town or a city. 8.2 No liability shall apply for the deaths of any and all members and/or the single life which are attributable directly or indirectly to one originating cause whose principal place of employment is within any excluded postal location. 8.3 Friends Life shall not be bound to pay any death benefit or single life benefit in respect of any member and/or the single life where the death of that member or the single life is attributable directly or indirectly to one originating cause and; (a) the policyholder or the single life policyholder has not advised Friends Life previously of the location of that member s or single life s principal place of employment; or 6

7 (b) the policyholder or the single life policyholder has not confirmed to Friends Life the geographic location of the principal place of employment of that member or single life and Friends Life has confirmed the member or single life is covered. 8.4 The total death benefit or single life benefit Friends Life shall pay in the event of the death of two or more members travelling together by any means of transport where the member s or single life s death is attributable directly or indirectly to one originating cause shall be limited to a maximum of 50,000, Other matters 9.1 All payments to be made by Friends Life under this agreement shall be payable in sterling at the address of Friends Life stated in Clause The receipt of any benefits payable under this single life policy by the single life policyholder or any person authorised by them for payment shall be a good discharge to Friends Life which shall not be concerned to see further to the discharge of such benefits. 9.3 The single life policy shall have no surrender value at any time. 9.4 The single life policy and/or any benefit payable under it shall be incapable of assignment by the single life policyholder, save where any single life policyholder is a trustee and the assignment is to appoint a new trustee, without the prior written consent of Friends Life. 10 Notices 10.1 Any notice or other communication to be given or served under or in connection with this single life policy shall be in writing and shall be sufficiently served or given if delivered or sent: In the case of Friends Life to: Head of Group Protection, Friends Life Group Protection, 2nd Floor, Anchorage 1, Anchorage Quay, Salford Quays M50 3YL Telephone Calls may be recorded and may be monitored. In the case of the single life policyholder, to their last address correctly notified to Friends Life in accordance with this clause Any such notice or other communication shall be delivered by hand or sent by courier, fax or pre-paid first class post. If sent by courier or fax such notice or communication shall, in the case of service in the United Kingdom, conclusively be deemed to have been given or served 24 hours after the time of despatch (in the case of fax the time of despatch being the time on which the fax has been sent in readable form in its entirety), or 48 hours after despatch in the case of international service. If sent by pre-paid post such notice or communication shall, in the case of inland mail in the United Kingdom, conclusively be deemed to have been received 48 hours from the time of posting, or three days after despatch in the case of international mail. 9.5 No benefit shall be payable under this single life policy by virtue of any statutory provision, governmental or regulatory restriction or rule of law which applies to it. 9.6 No variation or amendment of the terms of this policy shall be effective unless it is agreed in writing by or on behalf of the single life policyholder and Friends Life. 9.7 No failure or delay by Friends Life in exercising any right, power or privilege under this single life policy shall act as a waiver thereof or shall preclude the exercise by Friends Life of any other right or power available to it. 9.8 The single life policy and the agreement underlying it shall be governed by English law and the single life policyholder and Friends Life both submit to the exclusive jurisdiction of the English courts in all matters pertaining to it. 9.9 This contract is only capable of enforcement by the parties to it. No rights of enforcement or any other rights are given to any third parties, including those described in these conditions. 7

8 Friends Life Limited An incorporated company limited by shares and registered in England and Wales, number Registered office: Pixham End, Dorking, Surrey RH4 1QA. Authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. Calls may be recorded. Friends Life is a registered trade mark of the Friends Life group. BGR/6751/AUG10-P