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IBEW Local 11-LA NECA Active Health Plan
Summary Plan Description (SPD)


Effective June 1, 2005, the Table of Contents, page iii, changes from Five Federal Laws You Should Know About to Six Federal Laws You Should Know About. The Section entitled "Military Service" on page fifteen of the Summary Plan Description dated June 1, 2004 is deleted in its entirety. The following section is inserted after the Mental Health Parity Act on page iv and the text is to be inserted at page thirty.

FOR MILITARY SERVICE (USERRA)

Uniformed Services Employment and Reemployment Rights Act of 1994 (USSERA) was enacted by Congress to provide protections to individuals who are Eligible Individuals of the "Uniformed Services." "Uniformed Services" is defined as the Armed Forces, the Army National Guard and the Air National Guard when engaged in active duty for training, inactive duty training, or full-time National Guard duty, the commissioned corps of the Public Health Services, and any other category of persons designated by the President in time of war or national emergency.

  1. Military Leaves of Absence for a Period Less Than 31 Days

    USERRA provides that if an Employee is on a military leave of absence from his employment, and the period of military leave is less than thirty-one (31) Days, he will continue to be eligible for health care coverage under this Plan during the leave with no self-payment required, provided he is eligible for benefits under this Plan at the time his military leave begins.

  2. Military Leaves of Absence for Periods More Than 30 Days
    1. If an Employee is on a military leave of absence from his employment, and the period of military leave for more than thirty (30) Days, USERRA permits the Employee to continue coverage for himself and his Dependents at his own expense at a cost of 102% for up to 24 months so long as he gives the Administrative Office, advance notice (with certain exceptions) of the leave, and so long as his total leave when added to any prior periods of leave does not exceed 5 years.
    2. The maximum period of continuation coverage for health care under USERRA is the lesser of: (1) 24 months (beginning from the date the Employee leaves work due to military leave) or (2) the Day after the date the Employee fails to timely apply for or return to a position of employment with an Employer participating in the Trust.

  3. Upon release from active service, the Employee's coverage will be reinstated on the Day he returns to work or registers for dispatch with IBEW Local Union 11 as if he had not taken leave, provided he is eligible for re-employment under the terms of USERRA and provided he returns to work within:

    1. One hundred and twenty days (120) Days from the date of discharge if the period of service was thirty-one (31) Days or more;
    2. At the beginning of the first full regularly scheduled working period on the first calendar Day following discharge (plus travel time and an additional eight hours) if the period of service was less than thirty-one (31) Days;
    3. If the Employee is Hospitalized or convalescing from an Injury caused by active duty, these time limits are extended for up to two (2) years.

    A copy of the Employee's separation papers must be submitted to the Fund Administrator Office to establish his period of service.

  4. If the Employee continues coverage under USERRA, he will be required to submit any required self-payment necessary, which may include Fund Administrative costs. If the Employee does not elect to continue coverage during his military leave, upon his return to work his coverage he will be reinstated at the same benefit level immediately preceding his service before his leave if he is eligible for re-employment under the criteria established under USERRA.
  5. If the Employee does not return to work at the end of his military leave, he may be entitled to purchase COBRA continuation coverage as provided in the section above. Coverage will not be offered for any illness or Injury determined by the Secretary of Veterans Affairs to have been incurred in, or aggravated during, performance of service in the uniformed services. The uniformed services and the Department of Veterans Affairs will provide care for service connected injuries or illness.

    The rights to self pay are governed by the same conditions described in the COBRA section of this SPD. If election is made for continuation coverage under USERRA, the COBRA and USERRA coverage periods will run concurrently.

Notwithstanding the foregoing, the Board of Trustees has adopted the following extraordinary USERRA benefit as outlined below. The Trustees in their sole discretion may eliminate the extraordinary benefit with a sixty (60) day notice of same to Plan participants.

  1. Plan benefits as contained in the Summary Plan Description dated June 1, 2004 (as amended from time to time) will be continued for Participants and their eligible dependents for a period not to exceed five years.

  2. USERRA coverage will be provided with no cost to the Participant or his eligible dependents.

  3. Upon cessation of active employment and entitlement to coverage under USERRA, a Participant's bank hours will be frozen. These bank hours will be reinstated for the Participant on the day he returns to work or registers for dispatch with IBEW Local Union 11 as provided in Section 3 of this Amendment

  4. This extraordinary benefit will terminate for employees and their eligible dependents at the end of the employee's military leave. At the end of the military leave, the above Section to 2b, 3 or 5 will apply as appropriate.

Approved and adopted at the meeting of the Board of Trustees of the Southern California IBEW-NECA Health Trust Fund held on May 24, 2005.

BY: Signature on File
Chairman

BY: Signature on File
Secretary