ITPE Benefits
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Health & Welfare Plan Document


AMENDMENT 2008-1
AMENDMENT 2008-2
AMENDMENT 2009-1
AMENDMENT 2009-2
AMENDMENT 2009-3
AMENDMENT 2009-4

ITPE Health & Welfare Summary Plan Description

Summary Plan Description
Before we get down to the specifics of the Plan, we would advise you to read the definitions and refer to these definitions as you are reading this document, it will help to make the Plan easier to understand.

We have attempted to write this Summary Plan Description in language that is simple. Yet, any employee benefit plan, by its very nature, has unique terms. Please look carefully at the definitions including, but not limited to "Participant", "Dependent", "Employee", "Hospital", "Physician", "Incurred", "Preferred Provider Organization (PPO)" and "Period of Confinement or Disability". This will enable you to become more familiar with the Plan. When the word "Participant" is used in the Summary Plan Description it shall apply to Employee and Dependent Participants, unless otherwise noted.

If you have any questions, please do not hesitate to contact the Fund Office.

Always bear in mind that the written terms of the entire Plan govern, no matter what anyone else tells you. The Plan may be amended from time to time by the Trustees. Such amendments will be posted to the Plan's web site (www.itpebenefits.org) and will be distributed to each participant as a supplement to the published booklet.

You should also bear in mind that the Trustees of the Fund, or such representatives as they designate, have full authority in their absolute discretion to determine the nature and amount of benefits to be provided by the Plan, eligibility to participate in the Plan and eligibility to receive benefits from the Plan, together with all questions, policies and procedures relating to those subjects. All decisions and determinations of the Trustees or their designees are final and binding on all Participants and other interested parties.

 Frequently Asked Questions
  1. What Benefits Are Provided by the ITPE Health & Welfare Plan?
  2. How Do I Become Eligible For Benefits?
  3. Your Beneficiary
  4. Employment With More Than One ITPE Employer
  5. Benefit Payments When Husband And Wife Are Both ITPE Employees
  6. When Both Parents And A Dependent Child Are ITPE Employees
  7. Women's Health And Cancer Rights Act Of 1998
  8. Newborns' And Mothers' Health Protection Act
  9. Death Benefits
  10. Employee Benefits For Non-Occupational Accidental Death And Dismemberment
  11. Dependent's Death Benefits
  12. Survivor Monthly Death Benefits
  13. Weekly Accident And Sickness Benefit
  14. Coordination Of Benefits
  15. General Exclusions And Limitations
  16. Preferred Provider Organization (PPO) Network
  17. Medical Benefits
  18. Covered Medical Expenses
  1. Maternity
  2. Family Prescription Drug Benefit
  3. Birth Control
  4. Vision Care Benefit
  5. Dental Expense Benefit
  6. Extension Of Benefits During A Disability
  7. Continuation Of Coverage After Loss Of Eligibility
  8. Family And Medical Leave
  9. Assignment Of Benefits
  10. Subrogation
  11. Scholarship Program
  12. General Rule Regarding Application For Medical And Dental Benefits
  13. How To Apply For Benefits Other Than Medical Benefits
  14. How To Apply For Medical Benefits
  15. Claim Review Procedures
  16. Timetable for Determining Claims
  17. Privacy Policy
  18. Your Rights Under The Employee Retirement Income Security Act Of 1974 (ERISA)

What Benefits Are Provided by the ITPE Health & Welfare Plan? The benefits provided for you under the Plan include:
  • Death Benefits
  • Accidental Death and Dismemberment Benefits
  • Survivor Income
  • Medical Care
  • Dental Care
  • Vision Care
  • Scholarship Program
  • Sickness and Accident Benefits
  • Prescription Drug Coverage
The amount of each benefit to which you are entitled depends upon the hourly contribution rate remitted to the Fund on your behalf by your Employer and the average number of hours you actually work per week. In order to determine an Employee's average number of hours worked per week, the Fund shall review the number of hours worked by such an employee during the prior 90 day period. Schedules of Benefits available to Participants of the Plan depending on the hourly rate of contribution being submitted on their behalf are listed here.

You can find the Schedule of Benefits which applies to you and your dependents if you know the hourly rate that your Employer is contributing on your behalf to the ITPE Health and Welfare Fund. The current hourly contribution rates and the page numbers where the Schedules of Benefits for each contribution are set forth below.

Contribution Rate Program
$1.63 per hour - $2.15 per hour
$2.16 per hour - $2.86 per hour
$2.87 per hour - $3.00 per hour
$3.01 per hour - $3.15 per hour
$3.16 per hour - $3.23 per hour
$3.24 per hour and up
$1.63
$2.16
$2.87
$3.01
$3.16
$3.24


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How Do I Become Eligible For Benefits? Who Qualifies for Health and Welfare Benefits? Health and Welfare benefits are provided by the ITPE Health and Welfare Fund for active Employees who have eligibility and also for their Dependents. Employees and Dependents who are eligible for benefits from the Fund are known as "Participants". The amount of your benefits is based on the average number of hours you actually work per week and the hourly rate your employer contributes on your behalf.

There are four different benefit levels provided for active Participants as set forth below. The highest level of benefits is available for active Participants who are in Level IV. As you go down each level, the amount of benefits available decreases.

Classification Weekly Hours Worked
I Less than 12 hours per week
II 12 through 19 hours per week
III 20 through 29 hours per week
IV 30 hours or more per week


When Is A Claim Incurred? This depends on the type of benefit involved. For example, a claim for hospital benefits is normally incurred on the date you (or your dependent) enter a hospital; a claim for weekly accident and sickness benefits is incurred on the first day of your disability if it is caused by an accident or on the fourth day of your disability if it is brought about by illness; a claim for death benefits or accidental death and dismemberment benefits is incurred on the date of the death or dismemberment involved. Any other claim for benefits is incurred on the date the service in question is rendered.

How Is Eligibility Acquired? In order to be eligible for benefits under the ITPE Health and Welfare Fund, you must first fill out an enrollment and beneficiary card and send it to the Fund office directly or through your Shop Steward, Union Representative or Employer. If you are Employed by an Employer on the date the Fund became effective at your place of work, you are immediately eligible for benefits as soon as your card is received and contributions are paid on your behalf. If, for any reason, you are away from work, your eligibility is postponed until you return to active work.

If you are hired after the date the Fund became effective at your place of work, your eligibility date for coverage is the 91st day after your date of hire, provided your enrollment card has been received by the Fund.

To be eligible for benefits for dental prosthetics (bridges, partials or complete dentures, and space maintainers, including adjustment and repair thereto), you must be covered by the Fund for twelve (12) months.

How Do You Lose Your Eligibility For Benefits? Your eligibility for benefits terminates on the date when you leave the employment of an Employer covered by the Fund or if the Board of Trustees terminates the Fund, whichever happens first. The Board of Trustees may change or eliminate benefits under the Fund and may terminate the entire Fund or any portion of it. The Board of Trustees may terminate the Fund when there is no longer a collective bargaining agreement in force between the Employers and the Union requiring any Employer contributions to the Trust Fund. At any other time, the Fund may be terminated by a unanimous vote of all Trustees, with consent of the Employers and the Union.

Coverage of an eligible child terminates automatically when the child marries or attains nineteen years of age (except for students, who are covered to age twenty-five provided they are solely dependent upon you for support and are regularly attending an accredited school, college or university), whichever comes first. Coverage of an unmarried handicapped child over nineteen ceases if the child is found to be no longer totally or permanently disabled. Coverage of the Spouse of an Employee terminates automatically as of the date of divorce or death. Coverage for all dependents terminates automatically as of the date of death of the Employee.

In the event your Employer is two months delinquent in remitting contributions on your behalf to the Fund, your eligibility for benefits incurred after such two month period shall be suspended until such time as the employer is no longer delinquent for two months. During such a period of suspension, the Fund shall hold such claims in abeyance pending payment of the contributions. Once your employer is no longer delinquent for two months, such claims will be promptly processed by the Fund.



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Your Beneficiary How To Name Or Change A Beneficiary. To name a beneficiary, simply complete the enrollment and beneficiary card furnished to you by your union representative, Fund representative or employer. The card must then be sent to the Fund office.

You may change your beneficiary whenever you wish. To do so, merely complete a new card and make sure that it is sent into the Fund office. The change will take effect on the date you sign the new beneficiary card. However, such change will not be in effect with regard to any payments made by the Fund before receiving the new card.

It is very important to keep your enrollment and beneficiary card up-to-date. Report any important change at once to your Fund office - for example, if you move to a new address, if you marry or become divorced, if your beneficiary dies, or if you have a new child.

You Can Name More Than One Beneficiary. If you do so, you may also specify the share each is to receive of any benefits payable upon your death. If you do not specify, each beneficiary will receive an equal share. If any of your beneficiaries are no longer alive upon your death, that person's share is divided equally among the surviving beneficiaries.

If You Do Not Name A Beneficiary. If you die without properly naming a beneficiary, any benefits due as a result of your death will be paid in one sum in the following manner:
  1. 100% to any surviving spouse.
  2. If there is no surviving spouse, the benefits will be divided equally by any surviving children.
  3. If there is no surviving spouse or children, the benefits will be divided equally among the surviving parents.
  4. If there are no surviving spouses, children or parents, benefits will be divided equally among surviving brothers and sisters.
  5. If there are no surviving spouse, children, parents or brothers and sisters, the benefits will be paid to the executor or administrator of your estate.
  6. If your beneficiary is a minor or incompetent, any benefits due as a result of your death shall be paid to the legally appointed guardian of your beneficiary.
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Employment With More Than One ITPE Employer Some Employees may be employed by two or more ITPE Employers at the same time, and attain eligibility for benefits from the Plan by virtue of their employment with each such Employer. In such case, benefit claims for such Employee and his/her dependents shall be paid by first exhausting the benefits available under the job in which the Employee has been employed longest, and then applying the benefits available as a result of his other employment with any other ITPE Employer.

In no event, shall the combination of such benefit payments exceed the maximum combined benefit payable under the Plan for the claim in question.

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Benefit Payments When Husband And Wife Are Both ITPE Employees When both husband and wife are ITPE Employees eligible for benefits under the Plan, all benefits payable to such husband and wife shall be paid by first exhausting the benefits available to such spouse as an Employee, and then applying the benefits available as a result of such spouse's status as a dependent.

In no event shall the combination of such benefit payments exceed the maximum benefit payable under the Plan for the claim in question or the actual amount of charges for the claim in question.

Dependent benefits for dependent children of such a husband and wife shall be paid by first exhausting the benefits available by virtue of the employment of whichever spouse has been employed longest, or, if employment time is equal, by virtue of the earliest birth date in the calendar year and then applying the benefits available as a result of the employment of the other spouse.

In no event shall the combination of such benefit payments exceed the maximum combined benefit payable under the Plan for the claim in question.

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When Both Parents And A Dependent Child Are ITPE Employees When both a Dependent Child and one or more parents are ITPE Employees eligible for benefits under the Plan, all benefit claims for such Dependent Child shall be paid by first exhausting the benefits available to such Dependent Child as an Employee and then applying the benefits available as a Dependent.

In no event shall the combination of such benefit payments exceed the maximum combined benefit payable under the Plan for the claim in question.

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Women's Health And Cancer Rights Act Of 1998

On October 21, 1998, Congress enacted the Women's Health and Cancer Rights Act of 1998. Under this law, group health plans that provide coverage for mastectomies must also cover reconstructive surgery and prostheses for mastectomy patients. This law requires that a member receiving benefits for a medically necessary mastectomy must also be eligible to receive benefits for:
  • Surgical reconstruction of the breast on which the mastectomy has been performed;
  • Surgical reconstruction of the other breast to produce a symmetrical appearance;
  • Prostheses and treatment of physical complications, including lymphedemas, associated with all stages of the mastectomy procedure. Your benefit will be determined by your Class of Coverage and the type of benefits which are provided by your Schedule of Benefits.
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Newborns' And Mothers' Health Protection Act Under this law, group health plans may not restrict benefits for any hospital length of stay in connection with child birth for the mother or newborn child to less than forty-eight (48) hours following a normal vaginal delivery, or less than ninety-six (96) hours following a Caesarian Section. However, this law does not generally prohibit the mother's or newborn's attending provider, after consulting with the mother, from discharging the mother or newborn earlier than forty-eight (48) hours or ninety-six (96) hours as applicable. In any case group health plans may not, under federal law, require that a health care provider obtain authorization from the Plan for prescribing a length of stay not in excess than forty-eight (48) hours (or ninety-six (96) hours if applicable). This Plan is in compliance with this federal law.

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Death Benefits When Are Death Benefits Paid? Death Benefits are payable in the event of your death from any cause at any time or place while you are eligible for benefits. Payment will be made in a lump sum to the beneficiary designated by you.

How Much Is Paid? The amount of death benefit paid in the event of your death is based on your classification and is listed in your schedule of benefits.

If You Are Single. Those employees who are single at the time of their death and are otherwise eligible for benefits have an additional $1,000.00 death benefit.

If Your Employment Terminates. If your employment terminates, your eligibility for death benefits will expire after thirty-one (31) days following the termination of your employment.

If You Become Disabled. If you become totally and permanently disabled while eligible for benefits and before age 60, your eligibility for death benefits will, without payment of further contributions, remain in force for one year, or for the length of time equal to service with your Employer if such service was for less than one year.

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Employee Benefits For Non-Occupational Accidental Death And Dismemberment The Fund provides benefits for loss of life, limbs, or the entire and irrecoverable loss of sight, which occurs directly from bodily injuries caused solely through accidental means when the loss occurs within ninety (90) days after the accident. These benefits are not payable in the event the accident takes place on the job, and are payable for employees only.

In Case Of Accidental Death. An accidental death benefit is paid to your beneficiary if you die by accidental means while eligible for benefits and the accident does not occur on the job. The amount of the accidental death benefit depends on your classification and is set forth in your Schedule of Benefits.

The Meaning Of Dismemberment. Dismemberment means the loss of one or both hands at or above the wrist, the loss of one or both feet at or above the ankle joint or the total and irrecoverable loss of sight in one or both eyes.

In Case of Accidental Dismemberment. The full amount of the benefits as set forth in your Schedule of Benefits shall be paid to a Participant/Employee who loses the following by accidental means which do not take place on the job.
  • Both Feet
  • Both Hands
  • One Hand and One Foot
  • One Hand and Sight of One Eye
  • One Foot and Sight of One Eye
  • Sight of Both Eyes
One-half of the amount of the benefit set forth in your Schedule of Benefits will be paid to an eligible Participant/Employee who loses the following by accidental means which do not take place on the job.
  • One Hand
  • One Foot
  • Sight of One Eye
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Losses Not Covered. This non-occupational accidental death and dismemberment benefit does not cover losses due to any of the following:
  1. Intentionally self-inflicted injuries while sane
  2. Declared or undeclared war or act of war
  3. Commission of a crime by you
  4. Travel or flight (including getting in or out, on or off) any aircraft or device which can fly above the earth's surface, except as a passenger on a regular commercial airliner
  5. Sickness, disease or bodily infirmity
  6. Injury or death for which the employee is entitled to benefits under any worker's compensation or occupational disease law.
  7. Voluntary self-administration of any drug or chemical substance not prescribed by and taken according to the directions of a licensed physician. (Accidental ingestion of a poisonous substance is not excluded)
  8. Riding or driving in any kind of a race

Dependent's Death Benefits In the event of the death of a dependent from any cause while you are eligible for benefits, you will receive the benefit listed in your Schedule of Benefits. Your eligibility for dependent's death benefits stops when your employment terminates, if your eligibility for benefits ceases, or if you die.

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Survivor Monthly Death Benefits In addition to the death benefits previously described, the Fund will pay a survivor death benefit in monthly installments to your beneficiary in the event of your death from any cause at any time or place while you are eligible for benefits. The amount of each monthly installment and the period of time over which such installments will be paid is based on your classification as set forth in your Schedule of Benefits.

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Weekly Accident And Sickness Benefit The Fund pays eligible Employees a weekly benefit while they are disabled and prevented from working provided that they are under the care of a legally qualified physician and their disability results from a non-job related accident, sickness or disease for which benefits are not payable under any workmen's compensation law or any law or policy of insurance providing for the payment of motor vehicle "No-Fault" or First-Party Benefits.

The Amount Of The Benefit. Once again the weekly benefit is based on your classification. The amounts of the benefits are set forth in your Schedule of Benefits.

Waiting Period. Weekly accident and sickness benefits begins on the first day of disability if an Employee is disabled as a result of an accident and on the fourth day of disability if an Employee is disabled as a result of illness.

Maximum Number Of Weeks. Weekly accident and sickness benefit will continue for a maximum of 26 weeks for any one disability.

Separate Periods Of Disability. Payment will be made for as many separate and distinct periods of disability as may occur. When benefits have been paid for the maximum number of weeks, this coverage terminates. However, an Employee will again be eligible for this coverage as soon as he or she has returned to active work and has completed two weeks of continuous active service.

If an Employee recovers from a disability for which less than the maximum number of weeks has been paid and again becomes disabled after less than two weeks of active work on a full time basis, both disabilities will be considered as one period of disability unless the second period of disability is due to injury or sickness which is entirely unrelated to the cause of the previous disability and begins after return to active work on a full time basis.

Must I Be Confined To Home? It is not necessary to be confined to your home to collect benefits, but you must be under the care of a legally qualified physician during the period of your disability.

Payment of Social Security Taxes. Since the weekly Accident and Sickness Benefit is subject to Social Security taxes, the Fund will deduct the correct percentage of FICA tax from the benefit due. In addition, the Fund pays an equal amount of Social Security tax on your behalf.

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Coordination Of Benefits General Rule. If an individual is entitled to benefits or services for which benefits are payable under the ITPE Health and Welfare Plan, and is also covered under any other plan, the benefit provided by the ITPE Health and Welfare Plan will be coordinated so that the combination of such benefit payments does not exceed the maximum benefit payable by the Plan which has the primary coverage for the claim in question.

Definition of "Plan". is defined at Section 20.02 of the ITPE Health and Welfare Plan as follows:

"Plan" means a plan listed below which provides medical, dental, vision or health benefits and services.
  1. Other plans which cover people as a group;
  2. A self-insured or non-insured plan or other plan which is arranged through an employer, trustee or union;
  3. A pre-payment plan which provides medical, vision, dental or health service;
  4. Government plans which are in effect on the date the ITPE Health and Welfare Plan becomes effective;
  5. Group auto insurance;
  6. Single or family subscribed plans issued under a group, blanket or franchise type plan.
Application of Coordination of Benefits.
  1. If two or more plans cover a husband or wife, benefits shall be paid in this order:
    1. Plan of spouse for whom the claim is incurred;
    2. Plan of the other spouse.
  1. If two or more plans cover a dependent child, benefits shall be paid in this order:
    1. Plan of parent with earlier birthdate in a calendar year;
    2. The plan of the parent with the later birthdate in a calendar year.
  1. If two or more plans cover a dependent child of divorced or separated parents, benefits shall be paid in this order:
    1. The plan of the parent who is obligated to pay medical benefits to the child under a Qualified Medical Support Order;
    2. The plan of the parent with custody of the child;
    3. The plan of the spouse of the parent having custody of the child
    4. The plan of the parent not having custody of the child.
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Exchange of Information. The Fund may, with the consent of the employee or the spouse of an employee when the claim is for a spouse, or the parent or guardian when the claim is for a minor child, release or obtain any data which is needed to implement this provision. Any person who claims benefits under the ITPE Health and Welfare Fund must, upon request, provide all information the Administrator believes is needed to coordinate benefits. All information believed necessary to coordinate benefits may be exchanged with other companies, organizations or persons.

Facility of Payment. When payments should have been paid under the ITPE Health and Welfare Plan but were already paid under some other Plan, the Fund shall have the right to make payment to such other Plan of the amount which would satisfy the intent of the provision. Such payment will be considered benefits paid under the ITPE Health and Welfare Plan and to the extent of those amounts, will discharge the Fund from liability.

Right of Recovery. If payments made under the ITPE Health and Welfare Plan are in excess of the amount necessary to satisfy the intent of this provision, the Fund shall have the right to recover such excess payments from one or more of the following:
  1. Any person to whom, or for whom, the benefits were paid; and/or
  2. The other companies or organizations liable for the benefit payments.
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General Exclusions And Limitations The Plan does not provide coverage for the following items:
  1. Care, supplies, or equipment not Medically Necessary, as determined by the Plan, for the treatment of an Injury or illness. The determination whether care, supplies or equipment are Medically Necessary shall be made by the Trustees, or their designee, in their absolute discretion and in accordance with the provisions of Section 19 of the Plan Document which is contained at page 112 of the plan booklet and on the website as Section 19.
  2. Services rendered or supplies provided before coverage begins, i.e., before a Participant's Effective Date, or after coverage ends. Such services and supplies shall include, but not be limited to Inpatient Hospital admissions which begin before a Participant's Effective Date, continue after the Participant's Effective Date, and are covered by a prior carrier.
  3. Any services rendered or supplies provided while you are confined in a facility which does not meet the definition of "hospital" as set forth at Section 1.12 of the Plan booklet and on the website as Definitions.
  4. Any services rendered or supplies provided while you are a patient or receive services at or from a person or entity which does not meet the definition of "health care provider" set forth at Section 1.11 of the Plan booklet and on the website as Definitions.
  5. Any portion of a provider's fee or charge which is ordinarily due from a Participant, but which has been waived. If a provider routinely waives (does not require the Participant to pay) a Deductible or an Out-of-Pocket amount, the Claims Administrator will calculate the actual provider fee or charge by reducing the fee or charge by the amount waived.
  6. Care for any condition or Injury recognized or allowed as a compensable loss through any Workers' Compensation, occupational disease or similar law.
  7. Any disease or Injury resulting from a war, declared or not, or any military duty or any release of nuclear energy. Also excluded are charges for services directly related to military service provided or available from the Veterans' Administration or military medical facilities as required by law.
  8. Any item, service, supply or care not specifically listed as a Covered Service in this Plan Document.
  9. Care given by a medical department or clinic run by your Employer.
  10. Admission or continued Hospital or Skilled Nursing Facility stay for medical care or diagnostic studies not medically required on an Inpatient basis.
  11. Care of corns, bunions (except capsular or related surgery), calluses, toenail (except surgical removal or care rendered as treatment of the diabetic foot or ingrown toenails), flat feet, fallen arches, weak feet, chronic foot strain, or asymptomatic complaints related to the feet.
  12. Daily room charges while this Plan is paying for an Intensive Care, cardiac care, or other special care unit.
  13. Vision therapy unless needed due to intraocular surgery.
  14. Hearing aids, hearing devices and related or routine examinations and services.
  15. Routine physical examinations, screening procedures, and immunizations necessitated by employment, foreign travel or participation in school athletic programs, recreational camps or retreats, which are not called for by known symptoms, illness or injury except those which may be specifically listed herein.
  16. The following items related to Durable Medical Equipment are specifically excluded:
    • Bed related items: bed trays, over the bed tables, bed wedges, custom bedroom equipment, nonpower mattresses, pillows, posturepedic mattresses, low air mattresses (powered), alternating pressure mattresses;
    • Bath related items: bath lifts, nonportable whirlpool, bathtub rails, toilet rails, raised toilet seats, bath benches, bath stools, hand held showers, paraffin baths, bath mats, spas;
    • Chairs, Lifts and Standing Devices: computerized or gyroscopic mobility systems, roll about chairs, geri chairs, hip chairs, seat lifts (mechanical or motorized), patient lifts (mechanical or motorized - manual hydraulic lifts are covered if the patient is two-person transfer), vitrectomy chairs, auto tilt chairs and fixtures to real property (ceiling lifts, wheelchair ramps, automobile lift customizations);
    • Air quality items: room humidifiers, vaporizers, air purifiers, electrostatic machines;
    • Blood/injection related items: blood pressure cuffs, centrifuges, nova pens, needle-less injectors;
    • Pumps: back packs for portable pumps;
    • Dialysis Machines;
    • Other equipment: heat lamps, heating pads, cryounits, ultraviolet cabinets, sheepskin pads and boots, postural drainage board, AC/DC adapters, Enuresis alarms, magnetic equipment, scales (baby and adult), stair gliders, elevators, saunas, exercise equipment, diathermy machines.
  17. Custodial Care, domiciliary care, rest cures, or travel expenses even if recommended for health reasons by a Physician. Inpatient room and board charges in connection with a Hospital or Skilled Nursing Facility stay primarily for environmental change, Physical Therapy or treatment of chronic pain, except as specifically stated as Covered Medical Expenses. Transportation to another area for medical care is excluded except when Medically Necessary for a Participant to be moved by ambulance from one Hospital to another Hospital. Ambulance transportation from the Hospital to the home is not covered.
  18. Services provided by a rest home, a home for the aged, a nursing home or any similar facility.
  19. Services provided by a Skilled Nursing Facility.
  20. Cosmetic Surgery, reconstructive surgery, pharmacological services, nutritional regimens or other services for beautification, or treatment relating to the consequences of, or as a result of, Cosmetic Surgery, unless treatment relating to such consequences is medically necessary. This exclusion includes, but is not limited to, surgery to correct gynecomastia and breast augmentation procedures, and otoplasties. Reduction mammoplasty and services for the correction of asymmetry, except when determined to be medically necessary, are not covered.
    • This exclusion does not apply to surgery to restore function if any body area has been altered by disease, trauma, congenital/developmental anomalies, or previous therapeutic processes. This exclusion does not apply to surgery to correct the results of injuries when performed within 2 years of the event causing the impairment, or as a continuation of a staged reconstruction procedure, or congenital defects necessary to restore normal bodily functions, including but not limited to, cleft lip and cleft palate.
    • This exclusion does not apply to Breast Reconstructive Surgery.
  21. Complications of non-covered procedures are not covered.
  22. Any services or supplies for the treatment of obesity, including but not limited to, weight reduction, medical care or Prescription Drugs, nutritional counseling or dietary control. Nutritional supplements; services, supplies and/or nutritional sustenance products (food) related to enteral feeding except when it's the sole means of nutrition. Food supplements. Services of Inpatient treatment of bulimia, anorexia or other eating disorders which consist primarily of behavior modification, diet and weight monitoring and education. Any services or supplies that involve weight reduction as the main method of treatment, including medical or psychiatric care or counseling. Weight loss programs, nutritional supplements, appetite suppressants, and supplies of a similar nature. Procedures including but not limited to liposuction, gastric balloons, jejunal bypasses, and wiring of the jaw.
  23. Surgical or medical treatment or study related to the modification of sex (transsexualism) or medical or surgical services or supplies for treatment of sexual dysfunctions or inadequacies, including treatment for impotency (except male organic erectile dysfunction).
  24. Transportation provided by other than a state licensed professional ambulance service, and ambulance services other than in a medical emergency.
  25. Hair transplants, hair pieces or wigs (except when necessitated by disease), wig maintenance, or prescriptions or medications related to hair growth.
  26. Advice or consultation given by any form of telecommunication.
  27. Services and supplies for which you have no legal obligation to pay, or for which no charge has been made or would be made if you had no health insurance coverage.
  28. Charges for failure to keep a scheduled visit or for completion of claim forms; for Physician or Hospital's stand-by services; for holiday or overtime rates.
  29. The following forms of therapy: vestibular rehabilitation, primal therapy, chelation therapy, rolfing, psychodrama, megavitamin therapy, purging, bioenergetic therapy, cognitive therapy, electromagnetic therapy, vision perception training (orthoptics), salabrasion, chemosurgery and other such skin abrasion procedures associated with the removal of scars, tattoos, actinic changes and/or which are performed as a treatment for acne, services and supplies for smoking cessation programs and treatment for nicotine addiction, and carbon dioxide.
  30. Radial keratotomy; and surgery, services or supplies for the surgical correction of nearsightedness and/or astigmatism or any other correction of vision due to a refractive problem.
  31. Treatment where payment is made by any local, state, or federal government (except Medicaid), or for which payment would be made if the Participant had applied for such benefits. Services that can be provided through a government program for which you as a member of the community are eligible for participation. Such programs include, but are not limited to, school speech and reading programs.
  32. Services paid under Medicare or which would have been paid if the Participant had applied for Medicare and claimed Medicare benefits. With respect to end-stage renal disease (ESRD), Medicare shall be treated as the primary payor whether or not the Participant has enrolled in Medicare Part B.
  33. Those charges in excess of the usual, customary and reasonable amount for the area. A determination as to whether charges are excessive shall be made by the Trustees, or their designee, in their absolute discretion in accordance with the provisions of Section 19 of this Plan.
  34. Services related to or performed in conjunction with artificial insemination, in-vitro fertilization or a combination thereof.
  35. Biofeedback, recreational, educational or sleep therapy or other forms of self-care or self-help training and any related diagnostic testing.
  36. Personal comfort items such as those that are furnished primarily for your personal comfort or convenience, including those services and supplies not directly related to medical care, such as guests' meals and accommodations, barber services, telephone charges, radio and television rentals, homemaker services, travel expenses, and take-home supplies.
  37. Educational services and treatment of behavioral disorders, together with services for remedial education including evaluation or treatment of learning disabilities, minimal brain dysfunction, developmental and learning disorders, behavioral training, and cognitive rehabilitation.
  38. Injuries received while committing a crime.
  39. Biomicroscopy, field charting or aniseikonic investigation.
  40. Orthoptics (a technique of eye exercises designed to correct the visual axes of eyes not properly coordinated for binocular vision) or visual training.
  41. Non-emergency treatment of chronic illnesses received outside the United States performed without authorization.
  42. Any drug or other item which does not require a prescription.
  43. Court-ordered services, or those required by court order as a condition of parole or probation.
  44. Hypnotherapy.
  45. Religious, marital and sex counseling, including services and treatment related to religious counseling, marital/relationship counseling and sex therapy.
  46. Specific non-standard allergy services and supplies, including but not limited to, skin titration (Rinkle method), cytotoxicity testing (Bryan's Test), treatment of non-specific candida sensitivity, and urine autoinjections.
  47. Specific medical reports, including those not directly related to treatment of the Participant, e.g., employment or insurance physicals, and reports prepared in connection with litigation.
  48. Thermograms and thermography.
  49. Elective abortions.
  50. Substance Abuse Treatment.
  51. Skilled Nursing Facilities.
  52. Private Duty Nursing.
  53. Injuries incurred as a result of a suicide attempt, or intentionally self-inflicted injury while sane.
  54. Custodial Care, domiciliary care, rest cures or travel expenses even if recommended for health reasons by a Physician.
  55. Any item, service, supply or care not specifically listed as a covered service in this Plan.
  56. Services or supplies not prescribed or directed by a Physician.
  57. Court ordered examinations or care.
  58. Stop smoking aids, or services of stop-smoking clinics.
  59. Physical therapy to maintain motor functions unless there is a chance of improvement or reversal.
  60. Conditions related to autistic disease of childhood, hyper-kinetic syndromes, learning disabilities, behavioral problems, mental retardation or hospitalization for environment changes.
  61. Services provided by a family member or by a provider's employee to a co- worker.
  62. Experimental or investigative procedures
  63. Those charges for examination or tests for check-up purposes which are not incidental to and necessary for the treatment of illness or injury.
  64. Charges for cosmetic corrective eye surgery.
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Preferred Provider Organization (PPO) Network The Trustees of the Fund have engaged Blue Cross Blue Shield of Georgia (BCBSGA) as the Claims Administrator and as the Preferred Provider Organization (PPO) for the Fund. Accordingly, Participants of the ITPE Health and Welfare Fund have access to a vast Network of Physicians and Hospitals affiliated with the Blue Cross Blue Shield Network of Healthcare Providers. There are decided advantages for Plan Participants who use the services of doctors or hospitals associated with the Blue Cross Blue Shield Network. The advantages to Plan Participants who utilize the Blue Cross Blue Shield Network include the following:
  • When you use Blue Cross Blue Shield Network hospitals and physicians your ITPE Health and Welfare Plan benefits last longer, as the charges you incur are discounted. This means you have more benefits when you need them, as the benefits limits that apply to your contribution rate and hours will stretch further,
  • Network physicians and hospitals may not bill you beyond the discounted fees which are billed for the services provided. However, non-Network Health Care Providers who charge more than reasonable and customary amounts as determined by Blue Cross Blue Shield, may bill you for charges above the amounts which are paid by the Fund.
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Medical Benefits All eligible Participants of the ITPE Health and Welfare Plan are entitled to the Medical coverage provided by the Plan. Medical coverage covers only Reasonable and Necessary medical expenses, and does not apply to prescription drug, dental, vision or welfare benefits. Nor does it apply to any medical expenses specifically excluded from coverage in other portions of this Summary Plan Description.

Subject to the family maximum described later in this paragraph, each Participant shall be responsible to pay a "Deductible" each calendar year before the balance of his or her medical expenses (both In-Network and Out-of-Network) become covered medical expenses. The amount of a Participant's Deductible is specified in the Schedule of Benefits beginning at page 5 of this Summary Plan Description. The amount of the Deductible shall also be specified at the Fund's website (www.itpebenefits.org). Remember, this Deductible applies to each Participant during a calendar year, regardless of the number of injuries or illnesses they may have. There will be a maximum of 3 Deductibles per family per calendar year. Any combination of Deductible payments for families of 3 or more Participants shall be no more than the combined Deductibles of 3 family Participants.

For In-Network Expenses the Fund shall pay 75% of all covered medical expenses per eligible Participant per calendar year in excess of the combined In and Out of Network Deductible. This 75% payment by the Fund shall be paid until the Participant's Out Of Pocket Maximum has been met or the Participant's calendar year Maximum Medical Benefit has been paid, whichever comes first. In the event the Participant's Out Of Pocket Maximum has been met and the annual Maximum Medical Benefit has not been fully paid, the balance of all covered medical expenses for the year will be paid at 100% up to the annual Maximum Medical Benefit as specified in the pertinent Schedule of Benefits.

For Out-of-Network Expenses, the Fund shall pay 65% of all covered medical expenses per eligible Participant per calendar year in excess of the Deductible. This 65% payment by the Fund shall be paid until the Participant's combined In and Out of Network Out-of-Pocket Maximum has been met or the Participant's maximum calendar year benefit has been paid, whichever comes first. In the event the Participant's Out-of-Pocket Maximum has been met and the Maximum Medical Benefit has not been fully paid, the balance of all covered medical expenses for the year will be paid at 100% up to the Maximum Medical Benefit as specified in the pertinent Schedule of Benefits. The Out-of-Pocket Maximum Medical Benefit is combined for In and Out of Network expenses each calendar year. The calendar year Maximum Medical Benefit shall include all benefits paid at 65% and 75%, plus all benefits paid at 100%.

In addition to the Deductible, each Participant is responsible for the 25% of In-Network covered medical expenses and the 30% of Out-of-Network covered medical expenses up to his or her out-of-Pocket Maximum and all medical expenses in excess of the Participant's annual Maximum Medical Benefit as specified in the pertinent Schedule of Benefits for the calendar year in question.

Medical benefits provided by the Fund shall renew each calendar year. Top of page

Covered Medical Expenses The term "Covered Medical Expenses" means the expenses incurred by or on behalf of a Participant for the charges listed below if they are incurred after he or she becomes eligible for these benefits. Expenses incurred for such charges are considered Covered Medical Expenses to the extent that the services or supplies provided are prescribed and/or recommended by a Physician, are Medically Necessary for the care and treatment of an injury or illness and the charges are reasonable in light of charges for similar services in your community. Please refer to your Schedule of Benefits for information regarding co-payments, deductibles or maximum coverage.

  • Hospital In-Patient Service for Treatment for Conditions Other than Mental Health Disorders-Charges made by a Hospital, on its own behalf, for room and board at semi-private room rate, for ICU/CCU charges, general nursing care and other necessary services and supplies, provided, that if the Hospital only has private rooms, the covered charges shall be based on the Hospital's prevailing room rate;
  • Ambulance Services-Charges for licensed ambulance service to or from the nearest Hospital where the needed medical treatment can be provided. Air ambulance is covered subject to Medical Necessity;
  • Hospital Out-Patient Services-Charges made by a Hospital, on its own behalf, for medical care and treatment received as an outpatient;
  • Free-Standing Surgical Facility Services-Charges made by a free-standing surgical facility, on its own behalf, for medical care and treatment;
  • Rehabilitation hospital and Subacute Facility Services-Charges made by a Rehabilitation Hospital or a subacute facility, on its own behalf, for medical care and treatment, provided that such medical care and treatment is associated with a prior hospitalization and, provided further, that the Fund shall pay for no more than ten (10) days of such medical care and treatment at a Rehabilitation Hospital or subacute facility;
  • Physician Services-Charges made by a Physician for professional services;
  • Anesthetics Chemo Therapy Services, Etc.-Charges made for anesthetics and their administration; chemotherapy; blood transfusions and blood not donated or replaced; oxygen and other gasses and their administration; prosthetic appliances; and dressings;
  • TMJ-Charges made for surgical and non-surgical care of Temporomandibular Joint Dysfunction (TMJ), up to a lifetime maximum of $15,000.00;
  • Laboratory Radiation Services, Etc.-Charges made for laboratory services, radiation therapy and other diagnostic and therapeutic and radiological procedures;
  • Dependent Child Screening and Care-Charges, as prescribed or ordered by a Physician, for a Dependent child up to age 18 for (a) hereditary and metabolic screening at birth, (b) immunizations, (c) urinalysis, (d) tuberculin tests, and (e) blood tests including hematocrit, hemoglobin, and for screening for sickle hemoglobinpathy;
  • Mammogram and PAP Tests-Charges made for and in connection with a baseline mammogram, an annual screening mammogram, or pap tests on an annual basis or more frequently if certified as medically necessary by the attending Physician;
  • Mental Health Services-Charges made by a hospital for in-patient treatment of a Mental Health Disorder up to a maximum of 7 days per calendar year, subject to the requirements governing hospital in-patient service, and
    Charges made by a Physician for out-patient treatment of a Mental Health Disorder up to a maximum of 20 calendar visits per year.
  • External Prosthetic Appliances-Charges made for the purchase and fitting of external prosthetic devices ordered or prescribed by a Physician which are to be used as replacements or substitutes for missing body parts and are necessary for the alleviation or correction of sickness, injury or congenital defect. The following items shall not be considered Prosthetic Appliances: Corrective shoes, dentures, replacing teeth or structures directly supporting teeth (except to correct traumatic injuries), electric or magnetic continence aids (either anal or urethral), hearing aids or hearing devices, implants for cosmetic purposes (except for reconstruction following a mastectomy).
  • Short Term Rehabilitative Therapy and Chiropractic Care Services- Charges made for Short-Term Rehabilitative Therapy that is part of a rehabilitation program, including physical, speech, occupational, cognitive, cardiac rehabilitation and pulmonary rehabilitation therapy, when provided in the most medically appropriate setting. Also included are services that are provided by a Participating Chiropractic Physician when provided in an outpatient setting pursuant to a written treatment plan which is in accordance with the generally accepted chiropractic standard of care. Services of a Chiropractic Physician include the management of neuromusculoskeletal conditions through manipulation and ancillary physiological treatment that is rendered to restore motion, reduce pain and improve function.
  • Limitations on Short-Term Rehabilitative Therapy and Chiropractic Care Services

    The following limitations apply to Short-Term Rehabilitative Therapy and Chiropractic Care services:

    • Services which are considered custodial or educational in nature are not covered;
    • Occupational therapy is provided only for purposes of enabling you to perform the activities of daily living;
    • Speech therapy is not covered when (a) used to improve speech skills that have not fully developed except when speech is not fully developed in children due to underlying disease or malformation that prevented speech development; (b) intended to maintain speech communication; or (c) not restorative in nature.
    • If multiple out-patient services are provided on the same day they constitute one visit, but a separate payment will apply to the services provided by each provider.

    Limitations on Number of Visits per Calendar Year for Therapy Services

    • The Fund shall not pay for speech therapy, physical or occupational therapy, or respiratory therapy visits in excess of the following number per calendar year:
    • Speech Therapy-20 visit calendar year maximum;
    • Physical or Occupational Therapy-30 visit calendar year maximum;
    • Respiratory Therapy-30 visit calendar year maximum

    Organ Transplant Services:

    The detailed rules governing the circumstances under which the Plan will pay for organ transplant services are set forth at Section 9.03(b)(15) of the Plan Document contained at page 85 of this booklet.

    • Breast Reconstruction and Breast Prostheses-Charges made for reconstructive surgery following a mastectomy; benefits include: (a) surgical services for reconstruction of the breast on which surgery was performed; (b) surgical services for reconstruction of the nondiseased breast to produce symmetrical appearance; (c) postoperative breast prostheses; and (d) mastectomy bras and external prosthetics, limited to the lowest cost alternative available that meets external prosthetic placement needs. During all stages of mastectomy, treatment of physical complication, including lymphedema therapy, are covered.
    • Durable Medical Equipment- Except for the exclusions set forth below, charges for the rental of Durable Medical Equipment (up to the purchase price of the equipment) that is ordered or prescribed by a physician and is appropriate for in home use, provided that such equipment is used to improve the functions of a malformed part of the body or to prevent or slow further decline of the patient's medical condition. Charges for repair, replacement or duplicative equipment shall be paid only when required due to anatomical change and/or reasonable wear and tear. All maintenance and repairs that result from a Participant's misuse shall be the responsibility of the Participant.


    Definition of "Durable Medical Equipment":
    The term "Durable Medical Equipment" is defined as equipment which meets the following criteria:
    • It can stand repeated use;
    • It is manufactured solely to serve a medical purpose;
    • It is not merely for comfort or convenience;
    • It is normally not useful to a person not ill or injured;
    • It is ordered by a physician;
    • The physician certifies in writing the medical necessity for the equipment;
    • The physician also states the length of time the equipment will be required;
    • It is related to the patient's physical disorder.


    Durable Medical Equipment Items Excluded from Coverage:
    Expenses for the following Durable Medical Equipment items shall not be considered "covered medical expenses":
    • Bed related items: bed trays, over the bed tables, bed wedges, custom bedroom equipment, non-power mattresses, pillows, posturepedic mattresses, low air mattresses (powered), alternating pressure mattresses;
    • Bath related items: bath lifts, non-portable whirlpool, bathtub rails, toilet rails, raised toilet seats, bath benches, bath stools, hand held showers, paraffin baths, bath mats, spas;
    • Chairs, Lifts and Standing Devices: computerized or gyroscopic mobility systems, roll about chairs, geri chairs, hip chairs, seat lifts (mechanical or motorized), patient lifts (mechanical or motorized - manual hydraulic lifts are covered if the patient is two-person transfer), vitrectomy chairs, auto tilt chairs and fixtures to real property (ceiling lifts, wheelchair ramps, automobile lift customizations);
    • Air quality items: room humidifiers, vaporizers, air purifiers, electrostatic machines;
    • Blood/injection related items: blood pressure cuffs, centrifuges, nova pens, needle-less injectors;
    • Pumps: back packs for portable pumps;
    • Dialysis Machines;
    • Other equipment: heat lamps, heating pads, cryounits, ultraviolet cabinets, sheepskin pads and boots, postural drainage board, AC/DC adapters, Enuresis alarms, magnetic equipment, scales (baby and adult), stair gliders, elevators, saunas, exercise equipment, diathermy machines.
  • Hospital Emergency Room Services: Charges for hospital emergency room care in connection with a "Medical Emergency". For purposes of this Section 9.03(b)(18) the term "Medical Emergency" shall mean "a condition of recent onset and sufficient severity including, but not limited to severe pain, that would lead a prudent lay person, possessing an average knowledge of medicine and health, to believe that his or her condition, sickness or injury is of such a nature that failure to obtain immediate medical care could place his or her life in danger or cause serious harm".
Preventive Care Guidelines
The following limitations shall apply to covered Medical Expenses for preventative care. Expenses for a physician office visit included.

Well Baby Care:
  • Birth to 1 year: 6 office visits per year and immunizations for hepatitis b, diphtheria, polio, measles, mumps, red measles, and influenza
  • 1 year to age 3: 2 office visits per year and necessary immunizations as stated above
  • 3 years through age 5: 1 office visit per year and necessary immunizations as stated above
  • 2 blood and urine tests and 3 TB tests are covered from birth to age 5
  • Immunizations for dependent children under age 19 are covered
Mammograms:
  • Once as a base-line mammogram for any female between 35 and 40 years of age;
  • Once every year for every female age 40 or above; and
  • When recommended by a Physician for a female considered at risk:
    • who has a personal history of breast cancer;
    • who has a personal history of biopsy-proven benign breast disease;
    • whose grandmother, mother, sister, or daughter has had breast cancer; or
    • who has not given birth prior to age 30.
PAP Smear:
  • 1 Pap smear tissue examination per year or more often when ordered by a physician.
Chlamydia Screening Test:
  • 1 annual Chlamydia screening test for female Participants who are not more than 29 years old;
  • or covered females who are more than 29 years of age if ordered by a physician.
Prostate Antigen Test:
  • Annual prostate specific antigen test for covered males who are 45 years of age or older;
  • Or covered males who are 40 years of age or older, if ordered by a physician.
Medical Expenses Not Covered
No payment will be made for medical expenses incurred for which benefits are not payable under the General Exclusions and Limitations section of this booklet found at pages 20 through 25, or for private Hospital rooms unless such rooms are determined to be Medically Necessary or the Hospital only offers private rooms. Top of page

Maternity For the purpose of computing medical benefits, maternity is treated as any other illness for female employees or dependent wives. Dependent children are not covered for maternity benefits.

Birthing Center Approved For Benefits
The Plan provides benefits for maternity care at a freestanding facility that:
  • Is licensed as a birthing center in the jurisdiction in which it is located.
  • Is set up, equipped and run to provide prenatal care, delivery and immediate postpartum care.
  • Charges for services and supplies it provides.
  • Is directed by at least one physician who is a specialist in obstetrics and gynecology.
  • Has a physician or certified nurse midwife present at all births and during the immediate postpartum period.
  • Extends staff privileges to physicians who practice obstetrics and gynecology in an area hospital.
  • Has at least 2 beds or 2 birthing rooms for use by patients while in labor and during delivery.
  • Provides, in the delivery and recovery rooms, full time skilled nursing services directed by an R.N. or certified nurse midwife.
  • Provides, or arranges with a facility in the area for, diagnostic x-ray and lab services for the mother and child.
  • Has the capacity to administer a local anesthetic and to perform minor surgery. This includes measures to sustain life.
  • Is equipped and has a trained staff to handle medical emergencies and provide immediate support measures to sustain life: If complications arise during labor, and if a child is born with an abnormality which impairs function or threatens life.
  • Accepts only patients with low risk pregnancies.
  • Has a written agreement with a hospital in the area for emergency transfer of a patient or a child. Written procedures for such a transfer must be displayed and the staff must be aware of them.
  • Provides an ongoing quality assurance program. The program must include reviews by M.D.'s or D.O.'s who do not own or direct the facility.
  • Keeps a medical record on each patient and child.
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Family Prescription Drug Benefit The Fund shall pay prescription drug benefits for a Participant in accordance with the amounts and terms set forth in your Schedule of Benefits, provided that the prescription drugs are obtained pursuant to a prescription issued by a Physician. Payment shall be made at 75% of the charge for such prescription drug up to the maximum payment as set forth in your Schedule of Benefits.

Pharmacy Benefit Program The Fund participates in a Pharmacy Benefit Program through CVS/Caremark which may afford you a discount on certain prescription drugs. Upon your obtaining eligibility for benefits from the Fund you will be sent an identification card for the Express Scripts Program which you may present to your pharmacy at the time you submit your prescription in order to determine whether you are entitled to a discount on the particular drug covered by the prescription. You may also use this identification card for filling your prescriptions by mail. In order to obtain specific information regarding the prescription by mail program please call CVS/Caremark 888-796-8670.

Exclusions From Prescription Drug Benefit
The prescription drug benefit shall not be payable in connection with the following:
  • Any medications which have been withdrawn from the market by the Food and Drug Administration,
  • Any medications which have not been approved for use by the Food and Drug Administration,
  • Any medication imported into the United States without the approval of the U.S. Food and Drug Administration,
  • Any drug which can legally be bought without a prescription,
  • Therapeutic devices or appliances or other non-medical substances, regardless of their intended use,
  • Administration or injection of any drug,
  • Administration of allergy shots,
  • Drugs used to treat obesity or assist weight reduction; anorexiants,
  • Immunization agents, biological sera, blood and blood plasma,
  • Any drug for cosmetic purposes,
  • Rogaine and like drugs,
  • Retin-A for a Participant over age 30,
  • Any prescription refilled in excess of the number of refills specified in the prescription or any prescription or refill dispensed more than one year after the original prescription,
  • Any drug which is dispensed to, administered to, or consumed by a participant in whole or in part, while a patient in a licensed hospital or other institution covered by this plan,
  • Any drug which is consumed or administered at the place where it is dispensed,
  • Prescriptions filled prior to the effective date or after the termination date of the participant's coverage, regardless of when the prescription was issued,
  • Drugs labeled "Caution - Limited by Federal law to Investigational Use"; drugs which are experimental or investigational in nature, or which are in connection with experimental or investigative services or supplies, medications or supplies rendered to a participant.
  • Prescription drugs utilized in connection with in vitro fertilization, gamete intrafallopian transfer (GIFT), zygote intrafallopian transfer (ZIFT), or like procedures.
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Birth Control Birth Control benefits shall be payable only to female employees or female spouses of employees. The Fund shall pay no more than $200 per Calendar Year per Employee or spouse for any prescription drug or device prescribed for Birth Control, including, but not limited to diaphragms, contraceptive jellies, creams, foams or devices and/or Birth Control pills.

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Vision Care Benefit A vision care benefit is provided for you or your dependent for an eye examination and toward the purchase of single vision, bifocal or higher vision lenses.

Maximum Benefit Your Schedule of Benefits specifies the maximum dollar amount for each vision care benefit that will be paid by the Plan. In no event shall the Plan pay more than such maximum amount for any Employer or Dependent in any twenty-four month period.

What About Contact Lenses? Benefits for examination leading to the providing of contact lenses and for the actual providing of the contact lenses are paid the same as for and in lieu of an examination and providing of single vision lenses.

Restrictions on Payment of Vision Benefits
Vision care benefits shall not be payable for:
  • Any loss or expense caused, incurred for, or resulting from:
    1. Procedures or supplies furnished on account of visual defect which arises out of or in the course of your or your Dependent's job;
    2. Declared or undeclared war, or any act thereof or military or naval service for any country;
    3. Any medical or surgical treatment of the eye;
    4. Sunglasses plain or prescription, or safety lenses or goggles;
    5. Othoptics, vision training or aniseikonia.


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Dental Expense Benefit The Fund provides benefits for certain dental procedures incurred by you or your Dependent. In connection with the payment of dental benefits there is a maximum amount which the Fund will pay. There are also deductibles which you must pay before the Fund will pay the benefit.

How Does the Dental Benefit Work?
Later on, we will describe those dental expenses which are covered by the Fund. You must always pay the first $25.00 of such expenses for each covered person per year.

With respect to the balance of the covered dental expense, the Fund will pay 75% of the balance of the bill up to the maximum dental benefit allowed according to your Schedule of Benefits. There is a different rule for prosthetics (false teeth and adjustments and the repairs thereto) and we will deal with that subject in a separate section.

The payment of dental benefits is not related to your Classification, but is related to the contribution rate being remitted on your behalf. The maximum amount of dental benefits for you and your Dependent is shown in your Schedule of Benefits located in the front section of this booklet.

What Dental Expenses Are Covered By The Fund?
With exception of prosthetics and teeth cleaning, which we will explain later, the dental expenses which are covered by the Fund include the charges of a licensed dentist for professional services and supplies rendered in connection with:
  1. Diagnostic service/office visits, consultation, diagnostic procedures;
  2. Oral surgery - extractions or other dental surgical procedures including pre and post-operative care;
  3. Restorative dentistry - amalgam, synthetic porcelain and plastic restorations; or, in the event it is determined by the dentist that restoration is not practicable by means of a filling material, gold restoration by means of crowns, and jackets;
  4. Endodontics - Pulp therapy and root canal filling;
  5. Preventative - Sealants coverage is for dependent children only and shall extend only to age 15 years;
  6. Periodontics - All necessary procedures for the treatment of diseases of the gums and bones supporting the teeth.
Some or all of the benefits described above may not be payable by the Fund if the services in question arise for reasons which are excluded from covered dental expenses.

What About Prosthetics And Teeth Cleaning?
Prosthetics
The first thing you should know about benefits for prosthetics is that the Fund pays 50% of charges incurred in connection with prosthetics (after payment of the $25.00 cash deductible) up to the maximum dental benefit allowable. By "prosthetics" we mean the providing of bridges, partial or complete dentures, and space maintainers, including adjustment and repair thereto.

You are only entitled to covered dental expenses with respect to prosthetics when such charges are incurred:
  1. After a period of twelve (12) consecutive months during which the employee has been continually eligible for benefits.
  2. With respect to one prosthetic appliance in any period of five (5) consecutive years.
Teeth Cleaning
Dental benefits for teeth cleaning or prophylaxis (removal of calculus [tartar] stained from exposed surfaces of the teeth by scaling and polishing) are paid in the same manner as other governed dental benefits. However, covered dental expenses with respect to prophylaxis are limited to charges for one treatment in any period of six (6) consecutive months.

Exclusions From Covered Dental Expenses
Covered dental expense benefits under the Fund do not include and no benefits will be payable for or on account of any of the following:
  1. Any charges whatsoever that were incurred prior to the effective date of your eligibility for benefits under the Fund;
  2. Charges incurred in connection with treatment of a congenital malformation except that this exclusion shall not apply to such charges when they are incurred following a period of thirty-six (36) consecutive months during which the person has been continuously eligible for benefits under the Fund;
  3. Charges incurred in connection with any treatment to the teeth or gums for tumors;
  4. Charges incurred for services purely cosmetic in nature;
  5. Charges incurred for services or supplies that are unreasonably priced or not reasonably necessary in light of the dental procedure being treated; for purpose of determining whether a particular charge comes within this exclusion, the Fund will take into consideration the fees and prices generally charged and the services and supplies generally furnished in the area concerned for cases comparable to the case being treated, and in no event shall payment for fees and charges equivalent to those made by the California Medical Assistance (commonly referred to as Medi-Cal) in the area concerned be considered unreasonable; it being the intent of this exclusion that the benefits hereunder shall not cover charges for services or supplies that a reasonable person would consider to be priced unreasonably high or to be of a luxury nature;
  6. Charges incurred in connection with any dental injury (a) which arises out of or in the course of any occupation or employment for wage or profit, or (b) for which the Employee or Dependent is entitled to benefits under any worker's compensation or occupational disease law;
  7. Services furnished by a hospital or facility operated by any national, state, county or provincial government or political subdivision thereof or by any authorized agency thereof or furnished at the expense of such government or agency, unless a charge is made to the individual imposing an unconditional requirement of payment without regard to the existence of benefits. For example, if you are entitled to services at a facility operated by any agency of the federal government and such services are furnished at the expense of the government or agency involved, the Fund is not obligated to pay for such services;
  8. Charges incurred in connection with orthodontic services. (Braces, etc.)
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Extension Of Benefits During A Disability If you are disabled and no contributions are being made on your behalf, benefits for you and your Dependents will be continued for a period of two months from the date of your last contribution period. To continue medical, vision and dental care benefits for you or your dependents following said two month period, application must be made for Continuation of Coverage ("COBRA") as described in this Booklet, unless you are eligible for leave under the Federal Family and Medical Leave Act, as described on page 47 of this booklet. If you do not choose to elect Continuation of Coverage, all benefits for you and your dependents will cease at the end of two months following your last day of work. However, the Fund will continue to pay for covered expenses up to the maximum amount of benefits payable for the disability that prevented your return to work for up to 26 weeks following the first day of your disability.

Continuation Of Coverage After Loss Of Eligibility Should you and/or your Dependents lose eligibility for the medical care, vision care, dental care or prescription drug benefits provided by the Plan, you may be entitled to elect continuation coverage in accordance with federal law. If your employer normally employs twenty or more people, and your employment is terminated for any reason other than gross misconduct you have certain rights under certain conditions to continue your coverage under a federal law known as the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA).

Qualifying Events for Continuation Coverage Under Federal Law (COBRA) and Duration of Such Coverage
COBRA continuation coverage is available when your group coverage would otherwise end because of certain "Qualifying Events." After a Qualifying Event, COBRA continuation coverage must be offered to each person who is a "qualified beneficiary." You, your Spouse and your Dependent children may become qualified beneficiaries if you are covered on the day before the Qualifying Event and group coverage would be lost because of the qualifying event. Qualified beneficiaries who elect COBRA must pay for this COBRA continuation coverage.

This benefit entitles each member of your family who is covered by the Plan to elect continuation of coverage independently. Each qualified beneficiary has the right to make independent benefit elections at the time of annual enrollment. Covered Employees may elect COBRA continuation coverage on behalf of their Spouses, and parents or legal guardians may elect COBRA continuation coverage on behalf of their children. A child born to, or placed for adoption with, a covered Employee during the period of continuation coverage is also eligible for election of continuation coverage.

The Table set forth below describes the types of events that constitute "Qualifying Events" and the length of the availability of continuation coverage as a result of each such "Event".

Initial Qualifying Event Length of Availability of Coverage
For Employees:
Voluntary or Involuntary Termination (other than for gross misconduct)
or Reduction In Hours Worked
18 months
For Spouses/ Dependents:
A Covered Employee's Voluntary or Involuntary Termination (other than for gross misconduct) or Reduction In Hours Worked
Covered Employee's Entitlement to Medicare
Divorce or Legal Separation
Death of a Covered Employee
18 months

36 months
36 months
36 months
For Dependents:
Loss of Dependent Child Status
36 months

Continuation coverage stops before the end of the maximum continuation period if the Participant Employee becomes entitled to Medicare benefits. If a Participant Employee becomes entitled to Medicare benefits, then a qualified beneficiary - other than the Medicare beneficiary - is entitled to continuation coverage for no more than a total of 36 months. (For example, if you become entitled to Medicare prior to termination of employment or reduction in hours, COBRA continuation coverage for your spouse and children can last up to 36 months after the date of Medicare entitlement.)

Effect of Disability
For Employees who are determined, at the time of the qualifying event, to be disabled under Title II (OASDI) or Title XVI (SSI) of the Social Security Act, and Employees who become disabled during the first 60 days of COBRA continuation coverage, coverage may continue from 18 to 29 months. These Employees' Dependents are also eligible for the 18 to 29-month disability extension. (This provision also applies if any covered family member is found to be disabled.) This provision would only apply if the qualified beneficiary provides notice of disability status within 60 days of the disabling determination. In these cases, the Fund may charge 150% of the cost of providing such benefits for months 19 through 29. This would allow health coverage to be provided in the period between the end of 18 months and the time that Medicare begins coverage for the disabled at 29 months. (If a qualified beneficiary is determined by the Social Security Administration to no longer be disabled, such qualified beneficiary must notify the Fund office of that fact in writing within 30 days after the Social Security Administration's determination.)

Second qualifying event
If your family has another qualifying event (such as a legal separation, divorce, etc.) during the initial 18 months of COBRA continuation coverage (or 29 months, if the disability provision applies), your Spouse and dependent children can receive up to 18 additional months of COBRA continuation coverage, for a maximum of 36 months from the original qualifying event. Such additional coverage is only available if the second qualifying event would have caused your Spouse or dependent children to lose coverage under the plan had the first qualifying event not occurred. A qualified beneficiary must give timely notice to the Plan Administrator in such a situation.

Early Termination of Continuation of Coverage
Notwithstanding an election to continue coverage for the 18 months or 36 month periods described above, an Employee or Dependent's right to Continuation of Coverage shall terminate on such date as:
  1. The Fund ceases to provide any medical, vision, dental care or prescription drug benefits to any active Employees; or
  2. An Employee or Dependent fails to make timely payment of the premium required of such Employee or Dependent; or
  3. The date an individual receiving Continuation of Coverage becomes entitled to Medicare; or
  4. The date the Employee or Dependent becomes covered under another group health care plan because of a new job or marriage.
In the event of such early termination of Continuation of Coverage the Fund Office shall send a notice to the affected Employee or Dependent as soon as practicable after the determination to terminate Continuation of Coverage, informing the Employee or Dependent of:
  • The reason for the termination;
  • The effective date of the termination; and
  • Any right to elect alternative coverage.
Notification Requirements
  1. The Fund Office shall send notice to all Employees and Dependents for whom they have received enrollment cards as described at page 10 of this booklet, notifying such Employees and Dependents of their rights to Continuation of Coverage for medical, vision , dental and prescription drug benefits.
  2. Within 30 days of receipt of any enrollment card submitted by an Employee on or after October 1, 1987, the Fund Office will send a General Notice in conformity with applicable Federal law to such Employee and his or her Dependents informing them of their rights to Continuation of Coverage for medical, vision, dental and prescription drug benefits.
  3. All Employers must notify the Fund Office within 30 days of the date of an Employee's death, termination of employment or reduction in weekly work schedule which results in such Employee being dropped to a lower Benefit Classification Level. In addition, the affected Employee may also give such notice to the Fund Office.
  4. Each covered Employee or Dependent is responsible for notifying the Fund Office in the event of a divorce or legal separation of the Employee from his or her spouse, or a Dependent child ceasing to be a Dependent child under the requirements set out at page 68 of this booklet. Such Employee or Dependent must give notice to the Fund Office of such Qualifying Event within 60 days after the date of the Qualifying Event. In the event the Employee or Dependent does not give notice of such Qualifying Event to the Fund office within 60 days after its occurrence, such Employee and his or her Dependent shall lose eligibility for Continuation of Coverage.
  5. Within 14 days of the date on which the Fund Office receives notice of a Qualifying Event from either the Employer, Employee or Dependent, the Fund Office shall notify such Employee and his or her Dependents of their rights to Continuation of Coverage for medical, vision, dental care and prescription drug benefits and shall submit appropriate claim forms to the said Employee and his or her Dependents for use in applying for Continuation of Coverage. Notification to the spouse of the Employee shall be considered notice to all other Dependents residing with such spouse at the time such notification is made. Such notification shall be in conformity with applicable Federal law.
  6. If the Fund determines that an Employee or Dependent is not entitled to Continuation of Coverage, the Fund office shall so notify such Employee or Dependent within 14 days of the date the Fund office receives notice of a Qualifying Event. Such notice shall be in conformity with Federal law and shall explain why the Employee or Dependent is not entitled to Continuation of Coverage.
Election of Continuation of Coverage
  1. If an Employee or Dependent elects to receive continuation of Coverage, he or she must so notify the Fund Office, on forms prepared by the Fund Office, within 60 days after the latter of (i) the date that such Employee or Dependent would lose coverage for medical , vision, dental care and prescription drug benefits or have such coverage reduced by reason of a Qualifying Event, or (ii) the date such Employee or Dependent is sent notice by the Fund Office of his or her right to elect Continuation of Coverage. If such Employee or Dependent does not submit such notice to the Fund Office, on forms prepared by the Fund Office, within such 60 day period, the Employee or Dependent will not be eligible for Continuation of Coverage.

    Example 1
    An Employee is terminated from employment on October 1 and is sent notice of his or her right to elect Continuation of Coverage from the Fund Office on October 15th. The Employee, or his or her Dependent, must send a notice to the Fund Office on forms prepared by the Fund Office, electing to continue coverage no later than the 60th day following October 15.

    Example 2
    An Employee is terminated from employment on October 1 by reason of disability and is sent notice of his or her right to elect Continuation of Coverage from the Fund Office on October 15. Under the provision for Extension of Benefits During A Period of Disability spelled out in this booklet, the Employee and his or her Dependents retain their eligibility for benefits for a period of two months from the date of the Employee's last contribution period. Accordingly, the Employee or Dependent in this situation would be required to send notice of his or her election to continue coverage no later than the 60th day following the period ending two months after the date of his or her last contribution period.


  2. In making such election to continue coverage, the Employee, spouse of such Employee or child of such Employee who has lost Dependent status, may separately elect to continue coverage for medical care benefits only or for medical, vision, dental care and prescription drug benefits. As described later in this booklet, the notice sent by the Fund Office to the Employee and his or her Dependents informing them of their rights to Continuation of Coverage shall include a description of the cost to the Employee and his or her Dependents if they elect coverage for medical care only or they elect coverage for medical, vision, dental care and prescription drug benefits. If an Employee makes an election to provide any Dependent with continuation of coverage, that election shall be binding on the Dependent or legal guardian. An election on behalf of an Employee or Dependent who is incapacitated may be made by the legal representative of such Employee or Dependent or by the spouse of such Employee or Dependent.


  3. Cost to Employee or Dependent for Continuation of Coverage
    1. The Trustees, in conjunction with the Fund actuary, shall calculate the cost of providing coverage for an Employee and/or his or her Dependents for medical care benefits only and for medical, vision, dental and prescription drug benefits together. The amount of the premium payable by the Employee and/or his or her Dependents shall be 102% of such cost calculated by the Trustees and Fund actuary. The Employee and his or her Dependents shall be notified of the amount of the applicable premium in the notice sent to the Employee and his or her Dependents by the Fund Office following the happening of the Qualifying Event.
    2. Applicable premiums for Continuation of Coverage shall be established by the Trustees for each 12 month period commencing October 1. In the event there is an increase in the cost of the applicable premium which is put into effect by the Trustees on October 1 which falls within any Continuation of Coverage period, the Trustees shall notify the Employee and/or his or her dependents by October 15th. In such event, the Employee and/or his or her Dependents will be required to pay the increased applicable premium in order to continue eligibility for Continuation of Coverage.
    3. In order to maintain eligibility for Continuation of Coverage an Employee and/or his or her Dependent must make premium payments no later than 30 days following the month for which they are eligible for such coverage. For example, an Employee or his or her Dependent must submit their payment no later than the end of January in order to insure Continuation of Coverage for the month of December.
    4. If an election to obtain Continuation of Coverage is made by an Employee or Dependent after the date of the Qualifying Event, the Fund shall provide Continuation of Coverage for the period following the Qualifying Event and preceding the election date so long as the first premium payment is made within 45 days of the date the Employee and/or Dependent submits a notice of election to the Fund Office on forms prescribed by the Trustees.
    5. In the event an Employee or Dependent fails to make timely payment of premiums as specified herein, they shall no longer be eligible for Continuation of Coverage.


    Reminder: Remember, in order to be eligible for continuation of coverage you must satisfy the requirements for eligibility for benefits from the Fund as of the date before the "Qualifying Event". In addition, no Participant Employee or Dependant shall be eligible for continuation of coverage in the event he, she or they are covered by another Group Medical Plan.

    Continuation of Coverage (Federal Law - USERRA)
    Under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), a Participant may have a right to continuation of benefits subject to the conditions described below.

    Under USERRA, if the Employee (or his or her Dependents) is covered under this Plan, and if the Employee becomes absent from employment by reason of military leave, the Employee (or his or her Dependents) may have the right to elect to continue health coverage under the plan. In order to be eligible for coverage during the period that the Employee is gone on military leave, the Employee must give reasonable notice to the Employer of his or her military leave and the Employee will be entitled to COBRA-like rights with respect to his or her medical benefits in that the Employee and his or her Dependents can elect to continue coverage under the plan for a period of 18 months from the date the military leave commences or, if sooner, the period ending on the day after the deadline for the Employee to apply for or return to work with the Employer. During military leave the Employee is required to pay the Employer for the entire cost of such coverage, including any elected Dependents' coverage. However, if the Employee's absence is less than 31 days, the Employer must continue to contribute to the Fund on behalf of the Employee.

    Also, when the Employee returns to work, if the Employee meets the requirements specified below, USERRA states that the Fund must waive any exclusions and waiting periods, even if the Employee did not elect COBRA continuation. These requirements are (i) the Employee gave reasonable notice to his or her Employer and the Fund of military leave, (ii) the military leave cannot exceed a prescribed period (which is generally five (5) years, except in unusual or extraordinary circumstances) and the Employee must have received no less than an honorable discharge (or, in the case of an officer, not been sentenced to a correctional institution), and (iii) the Employee must apply for reemployment or return to work in a timely manner upon expiration of the military leave (ranging from a single day up to 90 days, depending upon the period that he or she was gone). The Employee may also have to provide documentation to the Employer and the Fund upon reemployment that would confirm eligibility. This protection applies to the Employee upon reemployment, as well as to any Dependent who has become covered under the Plan by reason of the Employee's reinstatement of coverage.

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Family And Medical Leave The Federal Family and Medical Leave Act ("FMLA") provides that eligible employees are entitled up to twelve (12) weeks of unpaid leave for the following circumstances:
  • The birth of a child of the Employee in order to care for such child;
  • The placement of a child with the Employee for adoption or foster care;
  • Caring for a spouse, child or parent who has a serious health condition;
  • A serious health condition of the Employee which renders him or her unable to perform the functions of the position of such Employee.
Not all Employees are eligible for Family and Medical Leave under the FMLA. Even if you and your Dependents are eligible for benefits from the Plan, you must still comply with the eligibility requirements of the FMLA.

The FMLA only applies to Employers with fifty (50) or more employees. To be eligible for coverage under the FMLA, an Employee must have worked twelve (12) or more months, with 1,250 hours in the previous twelve (12) months, for the Employer from whom leave is requested. An Employee must also work at a work-site that has 50 or more employees within a 75 mile radius in order to be eligible for FMLA coverage.

If you are eligible for and elect to take Family and Medical Leave under the FMLA by reason of your own disability, you will be entitled to an extension of benefits from the Plan as described on page 123 of this Booklet for a period of two (2) months from the date of your last contribution period after utilizing any period of leave covered by the FMLA. In other words, if you are eligible for Family and Medical Leave under the FMLA, you need not apply for Continuation of Coverage as described on pages 96 through 103 of this Booklet until the completion of any continuing period of disability covered by FMLA and any extension of benefits for up to two (2) months by reason of your own disability.

However, once you have exhausted your right to leave under FMLA and two month extension of benefits, you are then eligible for Continuation of Coverage as described on pages 41 through 47 of this Booklet.

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Assignment Of Benefits All Medical and Dental benefits payable by the Fund shall be deemed assigned by the affected Participant to the Health Care or Dental Provider in question. Medical or Dental benefits shall not be paid directly to a Participant unless the Fund office receives satisfactory evidence that the bill of the Provider in question has been paid in full. Any time you are hospitalized or receive any form of dental or medical care, it is your responsibility to inform the Hospital or other Health Care or Dental Provider of the full extent of your coverage spelled out in the Plan Booklet. Top of page

Subrogation If you or your Dependent makes claim for benefits from the Fund under circumstances where the injury or illness for which such benefits are claimed gives rise to a claim or lawsuit against a third party, payments of benefits by the Fund shall be made on the condition and with the understanding that the Fund will be reimbursed for payment of such benefits out of any recovery made in your third-party claim. The full details of the Plan's Rules on Subrogation can be found at Section 22 of Part II of the booklet at page 116 or here on this website.

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Scholarship Program What Kind of Scholarships are Awarded?
The Trustees of the Fund administer a scholarship program known as the ITPE John F. Conley- Happy I. Franklin Scholarship Program. Each year this program awards five 4-year scholarships for study at a college or university in amounts up to $15,000.00 per year. Each year, the Program also awards two 2-year vocational/technical scholarships in amounts up to $7,500.00 per year.

Who Qualifies For A Scholarship?
To qualify for a scholarship under the Program, a candidate must be either a high school senior who will graduate in January or June of the current school year or a high school graduate who is an eligible Employee. If the candidate is a high school senior, such candidate must be either an eligible Employee or Dependent of an eligible Employee. If the candidate is an eligible Employee who is a high school graduate, such candidate must participate in the scholarship competition specified in Section 16.02 of Part II of the Booklet at page 103, or in accordance with procedures specified by the College Scholarship Service/Sponsored Scholarship Program. An eligible Employee is one who has had at least 200 hours of employment with an Employer who contributes to the Fund on his behalf during the year of application.

When And How To Apply For A Scholarship?
A single application form is used to apply for one of the ITPE John F. Conley-Happy I. Franklin Scholarships. You may obtain an application from any ITPE branch officer or directly from the Fund at the Fund's offices. Detailed instructions are attached to the application form.

The application must be filed no later than December 1 for the applicant to be considered for a scholarship award in the following calendar year.

How Scholarship Winners Are Selected
All phases of the scholarship competition, including selection of winners and determination of the amount of scholarship awards are handled by the College Scholarship Service/Sponsored Scholarship Programs. The College Scholarship Service is a program of the College Board.

Winners are selected by an independent committee whose training and experience qualify it to evaluate total high school records, including academic work, test scores, extracurricular activities, leadership qualities, high school recommendations and the student's own statements. This committee meets in the winter to review the credentials of all semi-finalists. Each folder is reviewed by two members of the committee and rated according to standards established by the College Scholarship Service. Each candidate is then ranked according to the committee's review. The top candidates are identified as winners. The next seven non-winning candidates are identified as alternates. If for some reason a candidate identified as a winner does not accept the award, the first alternate would then be offered the award. If necessary, this procedure would take place down the line of alternates.

In the Vocational/Technical scholarship competition, the winners are selected by an independent committee whose training and experience qualify it to evaluate total high school records, including academic high school recommendation and the student's own statements. This committee meets in the winter to review all Vocational/Technical applicants. Each folder is reviewed by two members of the committee and rated according to the committee's review. The top candidates are identified as winners. The next seven non-winning candidates are identified as alternates.

Each candidate must be willing to accept the Scholarship Committee's determination as final.

Are The Scholarships Renewed After The First Year Of College Or Vocational/Technical School?
The ITPE John F. Conley-Happy I. Franklin Scholarship Program deals with 4-year awards, which are renewable after the first year for an additional three years, or until the student completes requirements for a bachelor's degree whichever is first.

The Vocational/Technical awards of the Scholarship Program are for vocational courses of six months to two years duration. If the student enrolls in a vocational/technical course which requires more than one year for completion, the award will be renewable for up to an additional year.

To qualify for renewal of a college award or a vocational/technical award, the student must maintain scholastic and personal standards acceptable in the judgment of the school officials and the Scholarship Committee.

What Schools May Scholarship Holders Attend?
Students awarded scholarships may attend any accredited college or university or any qualified vocational/technical school which does not permit discrimination based on race, creed, or color in (1) its overall enrollment policies; (2) enrollment for any part of its curriculum; or (3) the use of any of its facilities.

Students awarded a college or university scholarship must be enrolled in a course of study leading to a bachelor's degree at an accredited college or university. Transfer of a college scholarship to another accredited college or university will be permitted only between academic years upon written approval of the Scholarship Committee.

Winners of the Vocational/Technical awards must pursue a course of study leading to a specific career-directed certificate or diploma in a vocational or technical curriculum of at least six months duration. Transfers to another vocational school will not be permitted. The student may select any state, federal or nationally accredited institution or junior college offering vocational or technical curricula, or a hospital school of nursing, accredited by the National League of Nursing. Curricula leading directly to a baccalaureate degree are not eligible for the vocational/technical awards; courses taken through correspondence schools are not acceptable.

How Much Do The Award Winners Actually Receive?
Each scholarship award, per year, will be based on the tuition fees, room and board, books, transportation and other legitimate educational expenses at the school of the winner's choice.

Upon a scholarship winner's enrollment at an approved school, the amount of the scholarship award will be deposited annually with the school in the name of the student to be used for authorized expenditures. Any surplus remaining from the yearly award shall revert to the Scholarship Fund.

The Board of Trustees cannot accept responsibility for the conduct, personal affairs, debts or obligations of a scholarship winner, and they shall not be liable therefore in any manner.

What Are The Obligations Of The Scholarship Winners?
The scholarship winner must enter an approved college, university or vocational/technical school no later than Fall of the year in which the scholarship is awarded. Except for accident, illness or other extenuating circumstances, the student will be required to continue study without interruption. Any delay or interruption of studies must be reported promptly to the Scholarship Committee.

Is The Program Permanent?
The Scholarship Program has been established in the confident expectation that it will be continued indefinitely. However, it is recognized that conditions may require changes or modifications. The right to modify or terminate the Program, in whole or in part, is reserved solely to the Trustees. In the event of such a change or termination, scholarships in effect will be continued for their duration.

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General Rule Regarding Application For Medical And Dental Benefits It shall be the responsibility of the Participant to give proper notice of any other coverage he or she may have when filing a claim with the ITPE Health and Welfare Fund for Medical or Dental Benefits.

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How To Apply For Benefits Other Than Medical Benefits An application for any benefits described in this Summary Plan Description, other than Medical benefits, must be made in writing on an official Plan claim form. You can obtain the proper form from your Union or Plan representative, or from your Employer. The claim forms can either be sent directly to the Plan Office or can be handed to your Union or Fund representative for transmittal to the Plan Office.

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How To Apply For Medical Benefits All claims for benefits provided by the Plan must be submitted within one year from the date the claim is "incurred". Remember, a claim for hospital benefits is "incurred" on the date the Participant enters a hospital and any other claim for medical benefits is "incurred" on the date the service in question is rendered. Any claim received by the Plan Office or Claims Administrator more than one (1) year after the claim is incurred will not be honored and will not be paid.

Under normal conditions, the Claims Administrator (Blue Cross Blue Shield of Georgia) should receive the proper claim form within one year after the service was provided. This section of the Summary Plan Description describes when to file a benefits claim and when a Hospital or Physician will file the claim for you.

Each person enrolled through the Plan receives an Identification Card. Remember, in order to receive full benefits, you must receive treatment from a PPO Provider. When admitted to a PPO Hospital, always present your Identification Card. Upon discharge, you will be billed only for those charges not covered by the Plan. If you are admitted to a Non-PPO Hospital that does have a Participating agreement with the Claims Administrator, inform the admitting personnel of your coverage. The Hospital will bill the Claims Administrator directly for Covered Services.

When you receive Covered Services from a Preferred Physician or other preferred licensed health care provider, ask him or her to complete a Physician's Service Report form. Payment for Covered Services will be made directly to the provider.

For health care expenses other than those billed by a Preferred Provider, use the Subscriber Health Expense Report (SHER) to report your expenses. You may obtain these from your Employer or the Claims Administrator. Claims should include your name, Plan and Group numbers exactly as they appear on your Identification Card. Attach all bills to the claim form and file directly with the Claims Administrator. Be sure to keep a photocopy of all forms and bills for your records. The address is on the SHER claim form.

Claims Involving "Urgent Care"
Claims involving "Urgent Care" may be initiated by telephone call to BCBSGA (1-800-628-3988) or by fax transmission to BCBSGA (1-706-571-5039). A claim involving "Urgent Care" is any claim for medical care with respect to which the application of the time period for making non-urgent care determinations could:
  1. Seriously jeopardize the life or health of the claimant or the ability of the claimant to regain maximum function; or

  2. In the opinion of a physician with knowledge of the claimant's medical condition, would subject the claimant to severe pain that cannot be adequately managed without the care or treatment that is the subject of the claim.


Balance Billing
Participating Physicians are prohibited from balance billing. A Participating Physician has signed an agreement with the Claims Administrator, to accept its determination of the Usual, Customary and Reasonable Fee for Covered Services rendered to a Participant who is his or her patient. A Participant is not liable for any fee in excess of this determination or negotiated fee except what is due for deductibles, co-payments or other payments required under the Participating Physician's agreement with the Claims Administrator.

Necessary Information
In order to process your claim, the Claims Administrator may need information from the provider of the service. As a Participant, you agree to authorize the Physician, Hospital, or other provider to release necessary information.

The Claims Administrator will consider such information confidential. However, the Plan and the Claims Administrator have the right to use this information to defend or explain a denied claim.

Questions About Coverage or Claims
If you have questions about your coverage, contact your Plan Administrator or the Claims Administrator's Customer Service Department. Be sure to always give your Participant ID number. If you wish to get a full copy of the Utilization Review program procedures, contact the Claims Administrator's Customer Service Department.

Write
Customer Service Department
Blue Cross and Blue Shield of Georgia, Inc.
P.O. Box 7368
Columbus, Georgia 31908

When asking about a claim, give the following information:
_ Identification number;
_ patient name;
_ Patient's name and address;
_ date of service and type of service received; and
_ provider name and address (Hospital or Physician).

To find out if a Hospital or Physician is a Preferred Provider, call them directly or call the Claims Administrator at (800) 810-2583.

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Claim Review Procedures The Following Procedures For Review Of Medical, Dental And Vision Benefits Will Be Observed:

Claims involving "urgent care" shall be handled differently from all other categories of claims. This section of the booklet will set forth the timetable for the Plan to make a determination on claims involving "urgent care" and all other categories of claims. It will also set forth the time period for you to appeal any claim which is denied.


Timetable for Determining Claims All of the time limitations set forth below begin running from the time of receipt of the claim by the Plan Office or the Claims Administrator (BCBSGA, as applicable.
As used below, the word "process" refers to the time within which the Plan Office shall determine whether a particular claim is payable.

Urgent Claim
To process a complete claim72 hours
To extend previously authorized Care
(Provided request is made at least 24 hours before expiration
of authorized period of time for previously authorized care)
24 hours
To request additional information for an incomplete claim24 hours
Claimant's response time if additional information requested48 hours
To process a claim if complete information received48 hours

Non-Urgent Claims
To Process a complete claim 30 days
If claim cannot be determined in 30 days due to
matters beyond administrator's control
15 days
To request additional information for an
incomplete claim
15 days
Claimant's response time if additional
information requested
45 days
To process completed claim after receiving
additional information
15 days

Extension of Time To Determine Non-Urgent Claims
If an extension is required to determine a non-urgent claim due to circumstances beyond the Plan's control, the claimant will be notified before the completion of the initial time period allowed for processing the claim. For example, a claimant will be so notified within thirty (30) days of the Plan's receipt of a non-urgent claim. Notification to claimants concerning incomplete or improperly filed claims will include the specific information required or list the specific steps necessary to remedy the situation. The notice will also state when the Plan expects to render a decision.

Denial of Claims
If your claim is denied, the Plan will provide you with the following information:
  1. The specific reason for the determination;
  2. Reference to the specific claims provisions on which the determination is based;
  3. A description of any additional material or information necessary for you to provide to the Plan and an explanation of why the information is necessary (if applicable);
  4. A description of the Plan's Claim Review Procedures and Time Limits to appeal a denial, including a statement of your right to bring a civil action under Section 502 (a) of ERISA following an adverse benefit determination on review;
  5. A statement of any specific internal rule, guideline, protocol or other matter that was relied upon in making the benefit denial;
  6. If the denial is based on a medical necessity or experimental treatment exclusion, an explanation of the scientific or clinical judgment for the determination, applying the terms of the Plan to your medical circumstances;
  7. In the case of a denial involving an urgent care claim, a description of the expedited review process applicable to such claims;
  8. The identification of any medical experts whose advice was obtained on behalf of the Plan, whether or not that advice was relied upon in making the denial.
Request For Review of Denial of Claims
Within one hundred and eighty (180) days after you receive written notice that your claim has been denied, you or your representative may make a written request for a review. Your request for review must be received by the Plan within one hundred and eighty (180) days after you receive notice that your claim has been denied. Your written request for review should contain your Social Security Number and a statement of the reasons why you believe the denial of your claim was in error.

If you are requesting review of a denial of a claim involving urgent care, you may orally submit your appeal by telephone call to BCBSGA at (1-800-628-3988) or by fax transmission to BCBSGA at (1-706-571-5039). When appeal from a denial of a claim involving urgent care is made in this fashion, you still must provide your name, Social Security Number and a statement of the reasons why you feel the denial of your claim was in error.

Requests for review of denials of claims not involving urgent care must be made in writing, but may be submitted by fax transmission.

Procedure To Be Followed In Reviewing Denial of Claims
Requests for review of denied claims will be considered and decided by a Committee designated by the Board of Trustees. Such Committee shall not include any person who participated in the initial determination to deny the claim or who is a subordinate of any individual who participated in the initial determination.

If the review is of a claim that was denied based in whole or in part on a medical necessity or experimental treatment exclusion, the Committee must consult with a health care professional who has appropriate medical training and experience and who was not involved in the initial claim's denial and who is not a subordinate of any person who was involved in the initial claim's denial.

Time Table For Decision On A Review Of A Denied Claim
Urgent Care Claims - written or electronic notice of the Committee's determination on review in connection with a claim involving urgent care must be transmitted to the claimant within seventy-two (72) hours after receipt of the request for review.

Non-Urgent Care Claims - written or electronic notice of the Committee's determination on review in connection with a claim involving non-urgent care must be transmitted to the claimant within sixty (60) days after receipt of the written request for review.

Contents Of Determination On Appeal
If your request for review is denied, the notice of the Committee's determination must set forth:
  1. The specific reason or reasons for the adverse determination;
  2. Reference to the specific claims provision on which the determination is based;
  3. A statement that the claimant is entitled to receive, upon request and free of charge, reasonable access to and copies of all documents, records and other information relevant to the claimant's claim for benefits;
  4. A statement of any specific internal rule, guideline, protocol or other similar criteria that was relied upon in making the adverse determination;
  5. If the adverse determination is based upon a medical necessity or experimental treatment exclusion, an explanation of the scientific or clinical judgment for the determination, applying the terms of the Plan to the claimant's medical circumstances;
  6. A statement of the claimant's right to bring a civil action under Section 502 (a) of ERISA;
  7. The following statement:
    "You and your Plan may have other voluntary alternative dispute resolution options, such as mediation. One way to find out what may be available is to contact your local U.S. Department of Labor office and your State Insurance Regulatory Agency."
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Privacy Policy The Plan has adopted policies and procedures designed to protect your personal information from unauthorized use or disclosure. Thus, the Board of Trustees has implemented physical, electronic and procedural safeguards to maintain the confidentiality and integrity of the personal information in our possession and to guard against unauthorized access. These measures include, among other things, procedures for controlling access to participants' files, building security programs and information technology security measures such as the use of passwords, encryption and firewalls, plus virus and use detection software.

The Board of Trustees continues to access new technology as it becomes available and to upgrade our physical and electronic security systems as appropriate.

The Fund's policy is to permit Fund employees and professionals employed by the Fund to access your personal information only if they have a legitimate purpose for using such information, such as administering the Plan, reviewing and analyzing claims and requests for review of claim denials, and/or providing Plan benefits to participants. Any other use or disclosure of your personal information shall be made only with your written authorization, which such authorization may be revoked by you at any time in writing.

Use And Disclosure Of Health Information
The Fund collects information about you to help us provide Plan benefits to you and your eligible dependents, and to fulfill legal and regulatory requirements. The Board of Trustees considers all information about you in possession of the Plan to be personal information, even if you cease to be a Plan participant. The personal information we collect may include, among other things:
  • Identifying information, such as your name, birth date, address, phone number and Social Security Number;
  • Employment information;
  • Personal health information.
Typically we collect this information on applications and other forms you complete, through conversations you may have with our administrative staff and health care professionals, and from reports and data provided to us by health service care providers.

Personal information about you is shared among the Plan Administrative Staff primarily to enable us to provide you with Plan benefits. It is also used to assure compliance with applicable laws and regulations.

We share personal information about you, as required or permitted by law, with third parties, such as service providers who assist us in the day-to-day operations of our Plan. These third parties include health care professionals and Plan professionals. We may also disclose information about you, when necessary or required by law, in legal and arbitration proceedings and to government agencies.

THE FOLLOWING IS A SUMMARY OF THE CIRCUMSTANCES UNDER WHICH AND THE PURPOSES FOR WHICH YOUR HEALTH INFORMATION MAY BE USED OR DISCLOSED:
  • To Make or Receive Payment. The Fund may use or disclose your health information to make payment to or collect payment from third parties, such as other health plans or medical care providers, for the care you receive. For example, the Fund may provide information regarding your coverage or health care treatment to other health plans to coordinate payment of benefits.
  • To Administer Health Care Operations. The Fund may use or disclose your personal health information for its own operations to facilitate the administration of the Fund and, as necessary, to provide coverage and services to all of the Fund's participants and beneficiaries. Examples of such Health Care Operations are activities such as:
    • contacting health care providers, participants and beneficiaries with information about treatment alternatives and other related functions;
    • business management and general administrative activities of the Fund, including participant services and resolution of internal disputes; and
    • business planning and development involving cost management and review and auditing of benefit programs.
    For example, the Fund may use your health information to conduct case management, quality improvement, and utilization review, or to engage in participant service and dispute resolution activities.
  • For Treatment Alternatives. The Fund may use or disclose your health information to tell you about or recommend possible treatment options or alternatives that may be of interest to you.
  • For Distribution of Health Related Benefits and Services. The Fund may use or disclose your health information to provide to you information on health related benefits and services that may be of interest to you.
  • For Disclosure to Plan Sponsor. The Fund may disclose your health information to the Plan sponsor, the Board of Trustees of the ITPE Health and Welfare Fund, for Plan administration functions.
  • Where Required or Permitted by Law. The Fund also may use or disclose your health information where required or permitted by law. Federal law, under the Health Insurance Portability and Accountability Act of 1996 generally permits health plans to use or disclose health information for the following purposes: where required by law; for public health activities; to report child or domestic abuse; for governmental oversight activities; pursuant to judicial or administrative proceedings; for certain law enforcement purposes; for a coroner, medical examiner, or funeral director to obtain information about a deceased individual; for organ, eye, or tissue donation purposes; for certain government-approved research activities; to avert a serious threat to an individual's or the public's health or safety; for certain government functions, such as related to military service or national security; or to comply with Workers' Compensation laws.
  • Authorization to Use or Disclose Health Information Other than as stated above, the Fund will not disclose your health information other than with your written authorization. If you authorize the Fund to use or disclose your health information, you may revoke that authorization in writing at any time.
Your Rights With Respect To Your Health Information
You have certain rights regarding your health information that is maintained by the Fund. Those rights are as follows:
  • Right to Request Restrictions on Use and Disclosure. You have the right to request restrictions on certain uses and disclosures of your health information. You have the right to request a limit on the Fund's disclosure of your health information to someone involved in the payment of your care. However, the Fund is not required to agree to your request. If you wish to make a request for restrictions, please contact the Fund's Privacy Officer at 1-800-327-5926.
  • Right to Receive Confidential Communications. You have the right to receive confidential communications of your protected health information by such means and at such locations as you designate. For example, you may ask that the Fund only communicate with you at a certain telephone number or by email. If you wish to receive confidential communications, please make your request in writing and mail to: Privacy Officer, ITPE Health and Welfare Fund, P. O. Box 13817, Savannah, GA 31416. The Fund will attempt to honor your reasonable requests for confidential communications.
  • Right to Inspect and Copy Your Health Information. You have the right to inspect and copy your personal health information in possession of the Fund. A request to inspect and copy records containing your personal health information must be made in writing and mailed to: Privacy Officer, ITPE Health and Welfare Fund, P. O. Box 13817, Savannah, Ga. 31416. If you request a copy of your health information, the Fund may charge a reasonable fee for copying, assembly and postage, if applicable, associated with your request.
  • Right to Amend Your Health Information. You have the right to request an amendment to your health information records that you believe are inaccurate or incomplete. The request will be considered as long as the information is maintained by the Fund. A request for an amendment of records must be made in writing and mailed to: Privacy Officer, ITPE Health and Welfare Fund, P. O. Box 13817, Savannah, GA 31416. The Fund may deny the request if you do not state why you believe your records to be inaccurate or incomplete. The request also may be denied if your health information records were not created by the Fund, if the health information you are requesting to amend is not part of the Fund's records, if the health information you wish to amend includes information you are not permitted to change, or if the Fund determines the records containing your health information are accurate and complete.
  • Right to a Paper Copy of this Notice. You have a right to obtain and receive a paper copy of this Notice at any time, even if you have received this Notice previously or agreed to receive this Notice electronically. To obtain a paper copy, please contact the Privacy Officer at 1-800-327-5926. You also may obtain a copy of the current version of the Fund's Notice at its web site, www.ITPEBENEFITS.org.
  • Duties of the Fund. The Fund is required by law to maintain the privacy of your health information as set forth in this Notice and to provide you with this Notice of its duties and privacy practices. The Fund is required to abide by the terms of this Notice, which may be amended from time to time. The Fund reserves the right to change the terms of this Notice by providing you with a copy of a revised Notice within sixty (60) days of the change and by making the new Notice provisions effective for all health information that it maintains. If the Fund changes its policies and procedures, the Fund will revise the Notice and will provide a copy of the revised Notice to you within 60 days of the change. You have the right to express complaints to the Fund and to the Secretary of the Department of Health and Human Services if you believe that your privacy rights have been violated. Any complaints to the Fund should be made in writing and mailed to: Privacy Officer, ITPE Health and Welfare Fund, P.O. Box 13817, Savannah, Ga. 31416. The Fund encourages you to express any concerns you may have regarding the privacy of your information. You will not be retaliated against in any way for filing a complaint.
  • To Contact the Fund with Questions. Please submit your written questions regarding your privacy rights to Privacy Officer, ITPE Health and Welfare Fund, P. O. Box 13817, Savannah, GA 31416, or direct your calls to the Privacy Officer at 1-800-327-5926.


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Your Rights Under The Employee Retirement Income Security Act Of 1974 (ERISA) As a participant in the ITPE Health & Welfare Fund you are entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974 (ERISA). That federal law provides that all Fund participants shall be entitled to:
  1. Examine, without charge, at the Fund Administrator's office and at other specified locations, such as union halls, all Fund documents, including insurance contracts, collective bargaining agreements and copies of all documents filed by the Fund with the U.S. Department of Labor, such as detailed annual reports and Fund descriptions.

  2. Obtain copies of all Fund documents and other Fund information upon written request to the Fund Administrator. The administrator may make a reasonable charge for the copies.

  3. Receive a summary of the Fund's financial report. The Fund Administrator is required by law to furnish each Participant with a copy of this summary annual report.
In addition to creating rights for Fund Participants, ERISA imposes duties upon the people who are responsible for the operation of the Employee Benefit Fund. The people who operate your Fund, called "fiduciaries" of the Fund, have a duty to do so prudently and in the interest of you and other Fund 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 welfare benefits or exercising your rights under ERISA.

If your claim for a welfare benefit is denied in whole or in part you must receive a written explanation of the reason(s) for the denial. You have the right to have the Fund review and reconsider your claim.

Under ERISA, there are steps you can take to enforce the above rights. For instance, if you request materials from the Fund and do not receive them within 30 days, you may file suit in a federal court. In such case, the court may require the Fund Administrator to provide the materials and pay up to $100.00 a day until you receive the materials, unless the materials were not sent because of reasons beyond the control of the Administrator. If you are unsuccessful, court costs may be assessed against you. If you have a claim for benefits which is denied or ignored, in whole or in part, you may file suit in a state or federal court.

If it should happen that Fund fiduciaries misuse the Fund's money, or if you are discriminated against for asserting your rights, you may seek assistance from the U.S. Department of Labor, or you may file suit in a federal court. The court will decide who should pay court costs and legal fees. If you are successful the court may order the person you have sued to pay these court costs and fees. If you lose, the court may order you to pay these costs and fees, for example, if it finds your claim frivolous.

If you have any questions about your Plan, you should contact the Plan Administrator. If you have any questions about this Statement, or about your rights under ERISA, you should contact the nearest Area Office of the Employee Benefit Security Administration, U.S. Department of Labor.

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