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Resolution - 2004-R0455 - Professional Services Agreement To Provide Group Life Insurance Plan - 09_28_2004
Resolution No. 2004-RO455 September 28, 2004 Item No. 11 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Agreement with the Standard Insurance Company to provide services for the purpose of the Group Life Insurance Plan. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 28th day of September , 2004. .0 MCDOUGAL, MAYOR ATTEST: Garza, City S APPROVED AS TO CONTENT: hector of Human Resources APPROVED AS TO FORM: Assistant City Attorney gs/ccdocs/res-Agrmnt-Standard Insurance Co. Sept. 14, 2004 Resolution No. 2004-RO455 September 28, 2004 he Item No. 11 TANDARR. ININSURANCE AGREEMENT BY AND BETWEEN THE CITY OF LUBBOCK, TEXAS AND STANDARD INSURANCE COMPANY THIS AGREEMENT entered into this 1st day of December, 2004 by and between the CITY OF LUBBOCK, TEXAS, a municipal home rule corporation (herein called "City") and STANDARD INSURANCE COMPANY (herein called "Administrator") to provide services for the purpose of the Group Life Insurance Plan. WHEREAS, the City desires to have services provided for group life insurance; and WHEREAS, the Administrator has demonstrated that it can provide said services; and WHEREAS, the City and the Administrator desire to enter into an Agreement to provide said services. NOW, THEREFORE, the parties agree as follows: 1. The City agrees to pay monthly premiums to the Administrator according the rate schedule which is attached hereto as Exhibit "A" which is incorporated as if fully set forth herein. Administrator agrees to a three-year rate guarantee. 2. The parties agree to abide by the terms and conditions of the "Group Life Insurance Policy" which is attached hereto as Exhibit "B" which is incorporated as if fully set forth herein. The services to be provided by the Administrator are the obligations required to be performed by the Administrator as set forth in Exhibit B. 3. This agreement is for a term of one (1) year from the effective date and may be extended for two (2) additional one (1) year terms at the mutual agreement of both parties. 4. Notices or communications from the City to the Administrator shall be addressed to the Administrator and shall be deemed to be duly given or served, if the same shall be sent by post office mail, telegraph, telex, FAX, or other similar or analogous means, to the address shown below, unless the City has been requested to send such communications to another address: Standard Insurance Company Attn: Jeff Wheeler 2805 Dallas Parkway, Suite 440 Plano, TX 75093 Notices or communications from the Administrator to the City shall be addressed to the City and shall be deemed to be duly given or served if the same shall be sent by post office mail, telegraph, telex, FAX, or other similar or analogous means, to the address shown below, unless the City has been requested to send such communication to another address: Standard Insurance Company 900 SW Fifth Avenue Portland OR 97204-1235 503.321.7000 Tel he TANDARD.. ININSURANCE The City of Lubbock Attn: Human Resources Benefits Department P.O. Box 2000 Lubbock, TX 79457 Notices and communications described in this paragraph that are sent by post office mail will be deemed duly given or served on the third business day following the date the notice is mailed. 5. This contract shall be construed and enforced according to the laws of the State of Texas. Venue shall be Lubbock County, Texas. 6. The City may terminate the services of the Administrator by terminating the Group Life Insurance Policy at any time upon giving to the Administrator 90 days written notice of its intention to do so. The Administrator may resign by terminating the Group Life Insurance Policy at any time upon 90 days notice in writing to the City. Upon termination the Administrator shall complete the processing of all services described in this Agreement which have commenced prior to the effective date of the termination of this Agreement. SIGNED THIS DAY, the © of, 2004. CITY OF LUBBOCK: Marc 'McDougal, -Moor ATTEST: R,bbecca Garza, City Secre ry A OVE A DCPN NT: Scott Snider, Director of Human Resources APPROVED AS TO FORM: ohn Kn torn y at Law STANDARD INSURANCE COMPANY �L �jP—oPs Title Standard Insurance Company 900 SW Fifth Avenue Portland OR 97204-1235 503.321.7000 Tel he TANDAIRD.. ININSURANCE Resolution No. 2004-RO455 September 28, 2004 Item No. 11 EXHIBIT "A" December 1, 2004 Monthly Rates Active Employees: Basic Life 0.05/1000 AD&D 0.03/1000 Active Voluntary Life 30 0.09 30 - 34 0.10 35 - 3 0.13 40 - 44 0.20 45 - 4 0.33 50 - 54 0.56 55 - 5 0.91 60 - 64 1.14 65-61 1.98 70 - 74 3.21 75 - 7 4.94 80 - 84 8.40 Active Spouse Life Active Child Life Retirees: Retiree Basic & Voluntary Life 0.80/5000 0.50/2500 30< 0.11 30 - 34 0.12 35-39 0.17 40 - 44 0.26 45-49 0.44 50 - 54 0.78 55-59 1.27 60 - 64 1.44 65 - 69J 2.38 70 - 74 4.12 75-70 6.20 80 - 84 1 9.75 City Paid Retiree Policies 4.06/1000 Retiree Varying Amount Policies 0.60/1000 Retiree Spouse $2,500/Child $1,000 1.25 3 year rate guarantee. $500,000 Max. on Active Voluntary Life. Allow active& retired employee to elect Spouse & Child life coverage without participation in voluntary life. 25% participation requirement in voluntary life. 50K GI on active employee spouse life. Standard InSUrance Company 900 SW Fifth Avenue Portland OR 97204-1235 503.321.7000 Tel Resolution No. 2004-RO455 Exhibit B September 28, 2004 Item No. I I STANDARD INSURANCE COMPANY A Stock Life Insurance Company 900 SW Fifth Avenue Portland, Oregon 97204-1282 (503) 321-7000 People. Not Just Policies. GROUP LIFE INSURANCE POLICY Policyholder: Policy Number: Effective Date: City of Lubbock, Texas Specimen December 1, 2004 The consideration for this Group Policy is the application of the Policyholder and the Policyholder of premiums as provided herein. Subject to the Policyholder Provisions and the Incontestability issued for the Initial Rate Guarantee Period shown in the Coverag for successive renewal periods by the payment of the premiujfi se length of each renewal period will be set by us, but �paJl; no�;,�e Bess For purposes of effective dates and 12:00 midnight Standard Time at; tk: , all by the Policy (a) is be renewed 1 date. The and end at This policy includes ## Accelerated Benefit ;Death benefits pv% be Feduced if an Accelerated Benefit is paid. The it'e6.61 t of i s larix of t b ay bt table ti�ad 'may affect your eligibility for <, I „.; Medicaid or other gai'ernmeut #�einef#fit or entttlexttnts. owever, if you meet the definition of "terminally ill indf dt' aCcordiQ ta,,. tl ICi ternal Revenue Code Section 101, your Accelerated Benefit WdYt a ; ion-taxabf You should consult your personal tax and/or legal advisor before you apply tair a1► Accelerated Benefit. All provisions on this &nd tfie fallowing pages are part of this Group Policy. "You" and "your" mean the Member. "We", "us", a!Wour" mean Standard Insurance Company. Other defined terms appear with their initial letters capitalized. Section headings, and references to them, appear in boldface type. This is not a policy of workers' compensation insurance. The employer does not become a subscriber to the worker's compensation system by purchasing this policy and if the employer Is a non -subscriber, the employer loses those benefits which would otherwise accrue under the workers' compensation laws. The employer must comply with the workers' compensation law as it pertains to non -subscribers and the required notifications that must be filed and posted. STANDARD INSURANCE COMPANY By President Secretary GPI90--LIFE/S399 Table of Contents COVERAGEFEATURES........................................................................................ 1 GENERAL POLICY INFORMATION................................................................... 1 BECOMING INSURED..................................................................................... 1 PREMIUM CONTRIBUTIONS............................................................................ 2 SCHEDULE OF INSURANCE............................................................................ 2 REDUCTIONS IN INSURANCE......................................................................... 5 OTHER BENEFITS........................................................................................... 5 OTHER PROVISIONS....................................................................................... 5 PREMIUM RATES AND RENEWALS................................................................. 7 LIFEINSURANCE.................................................................................................. 9 A. Insuring Clause......................................................................................... 9 B. Amount Of Life Insurance.......................................................................... 9 C. Changes In Life Insurance......................................................................... 9 D. Repatriation Benefit.................................................................................. 9 E. Suicide Exclusion: Life Insurance.............................................................. 9 F. When Life Insurance Becomes Effective...................................................... 10 G. When Life Insurance Ends......................................................................... 10 H. Reinstatement Of Life Insurance................................................................ 11 DEPENDENTS LIFE INSURANCE........................................................................... 11 A. Insuring Clause......................................................................................... 11 B. Amount Of Dependents Life Insurance....................................................... 11 C. Changes In Dependents Life Insurance...................................................... 11 D. Suicide Exclusion: Dependents Life Insurance .......................................... 12 E. Definitions For Dependents Life Insurance ................................................. 12 F. Becoming Insured For Dependents Life Insurance ...................................... 12 G. When Dependents Life Insurance Ends ...................................................... 13 ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE .................................. 13 A. Insuring Clause......................................................................................... 13 B. Definition Of Loss For AD&D Insurance..................................................... 13 C. Amount Payable........................................................................................ 13 D. Changes In AD&D Insurance..................................................................... 14 E. AD&D Insurance Exclusions...................................................................... 14 F. Additional AD&D Benefits.......................................................................... 14 G. Becoming Insured For AD&D Insurance .................................................... 16 H. When AD&D Insurance Ends..................................................................... 16 ACTIVE WORK PROVISIONS................................................................................. 16 PORTABILITY OF INSURANCE............................................................................... 17 STRIKE CONTINUATION....................................................................................... 17 WAIVER OF PREMIUM.......................................................................................... 18 ACCELERATED BENEFIT...................................................................................... 19 RIGHT TO CONVERT............................................................................................ 21 CLAIMS................................................................................................................ 22 ASSIGNMENT....................................................................................................... 24 BENEFIT PAYMENT AND BENEFICIARY PROVISIONS ........................................... 24 ALLOCATION OF AUTHORITY............................................................................... 26 TIME LIMITS ON LEGAL ACTIONS........................................................................ 27 INCONTESTABILITY PROVISIONS......................................................................... 27 CLERICAL ERROR, AGENCY, AND MISSTATEMENT .............................................. 28 TERMINATION OR AMENDMENT OF THE GROUP POLICY .................................... 28 DEFINITIONS........................................................................................................ 28 POLICYHOLDER PROVISIONS............................................................................... 31 Index of Defined Terms Accelerated Benefit, 19 Active Work, Actively At Work, 16 Maximum Conversion Amount, 5 AD&D Insurance, 28 Member, 1 Air Bag System, 15 Minimum Participation, 8 Annual Earnings, 28, 29 Minimum Participation Number, 8 Automobile, 14 Minimum Participation Percentage, 8 Minimum Time Insured, 5 Beneficiary, 25 Child, 29 Class Definition, 1 Contributory, 30 Conversion Period, 21 Dependent, 12 Dependents Life Insurance, 30 Disabled, 30 Earnings Period, 6 Eligibility Waiting Period, 30 Employer(s), 1 Evidence Of Insurability, 30 Grace Period, 8 Group Policy, 30 Group Policy Effective Date, 1 Group Policy Number, 1 Guarantee Issue Amount (for Plan 2), 2 Initial Rate Guarantee Period, 8 Injury, 30 Insurance (for Accelerated Benefit), 21 Insurance (for Right to Convert), 21 Insurance (for Waiver Of Premium), 18 L.L.C. Owner -Employee, 30 Leave Of Absence Period, 5 Life Insurance, 30 Loss (for AD&D Insurance), 13 Noncontributory, 30 Notice of Rate Change, 8 P.C. Partner, 30 Physician, 30 Policyholder, 1 Pregnancy, 30 Premium Due Dates, 8 Premium Rates, 7 Prior Plan, 30 Proof Of Loss, 22 Qualifying Event, 21 Qualifying Medical Condition, 19 Recipient, 26 Right To Convert, 21 Seat Belt System, 14 Sickness, 30 Spouse, 31 Supplemental Life Insurance, 31 Totally Disabled, 18 Waiting Period (for Waiver Of Premium), 18 Waiver Of Premium, 18 War, 14 You, Your (for Right To Convert), 21 COVERAGE FEATURES This section contains many of the features of your group life insurance. Other provisions, including exclusions and limitations, appear in other sections. Please refer to the text of each section for full details. The Table of Contents and the Index of Defined Terms help locate sections and definitions. GENERAL POLICY INFORMATION Group Policy Number: Specimen Type of Insurance Provided: Life Insurance: Yes Supplemental Life Insurance: Not applicable Dependents Life Insurance: Yes Accidental Death And Dismemberment (AD&D) Insurance: Yes Policyholder: City of Lubbock, Texas Employer(s): City of Lubbock, Texas Group Policy Effective Date: December 1, 2004 Policy Issued in: Texas BECOMING INSURED To become insured for Life Insurance you must: (a) Be a Member; (b) Complete your Eligibility Waiting Period; and (c) Meet the requirements in Life Insurance and Active Work Provisions. The requirements for becoming insured for coverages other than Life Insurance are set out in the text. Definition of Member: You are a Member if you are one of the following: 1. An active employee of the Employer who is regularly working at least 30 hours each week; or 2. An employee who retired under the Employer's retirement program. You are not a Member if you are: 1. A temporary or seasonal employee. 2. A leased employee. 3. An independent contractor. 4. A full time member of the armed forces of any country. Class Definition: Class 1: Active Members Class 2: Retired Members who retired on or after December 1, 1995 Class 3: Retired Members who retired between April 1, 1988 and December 1, 1995 Printed 09/09/2004 - 1 - Specimen Eligibility Waiting Period: You are eligible on one of the following dates: If you are a Member on the Group Policy Effective Date, you are eligible on that date. If you become a Member after the Group Policy Effective Date, you are eligible on the date you become a Member. Evidence of Insurability: Required: a. For late application for Contributory insurance. b. For reinstatements if required. c. For Members and Dependents eligible but not insured under the Prior Plan. d. For any Plan 2 Life Insurance Benefit in excess of Guarantee Issue Amount of $250,000. However, this requirement is waived on the Group Policy Effective Date for an amount equal to the amount of additional life insurance in effect under the Prior Plan on the day before the Group Policy Effective Date, if you apply on or before the Group Policy Effective Date. e. For any increase resulting from a plan or option change you elect. Life Insurance: Plan 1: Plan 2: PREMIUM CONTRIBUTIONS Class 1: Noncontributory Class 2 and 3: Contributory Contributory AD&D Insurance: Class 1: Noncontributory Class 2 and 3: Not applicable Dependents Life Insurance: Contributory SCHEDULE OF INSURANCE SCHEDULE OF LIFE INSURANCE For you: Life Insurance Benefit: You will become insured under Plan 1 if you meet the requirements to become insured under the Group Policy. If you are insured under Plan 1, you may also become insured under any one option of Plan 2 if you meet the requirements to become insured under Plan 2 Life Insurance under the Group Policy. Plan 2 is a Contributory plan requiring premium contributions from Members. You may be insured under Plan 1 and any one option of Plan 2 at any one time. Plan 1 (basic): Class 1: $10,000 Printed 09/09/2004 -2- Specimen Class 2: $5,000 Class 3: $2,000 Plan 2 (additional): Class 1: Your choice of one of the following options: Option 1: 1 times your Annual Earnings, rounded to the next higher multiple of $1,000, if not already a multiple of $1,000. The maximum amount is $500,000. Option 2: 2 times your Annual Earnings, rounded to the next higher multiple of $1,000, if not already a multiple of $1,000 The maximum amount is $500,000. Option 3: 3 times your Annual Earnings, rounded to the next higher multiple of $1,000, if not already a multiple of $1,000. The maximum amount is $500,000. Class 2 and 3: $10,000 The Repatriation Benefit: The expenses incurred to transport your body to a mortuary near your primary place of residence, but not to exceed $5,000 or 10% of the Life Insurance Benefit, whichever is less. For your Spouse: Dependents Life Insurance Benefit: For Class 1 Members who elect Plan 2 Life Insurance: You may elect insurance in increments of $5,000, from $5,000 to $50,000. For all other Class 1 Members: $5,000 Class 2: $2,500 Class 3: $2,000 The amount of Dependents Life Insurance for your Spouse may not exceed 100% of the amount of your Life Insurance. For your Child: Dependents Life Insurance Benefit: Class 1: You may elect insurance in increments of $2,500, from $2,500 to $10, 000. Class 2 and 3: $1,000 The amount of Dependents Life Insurance for your Child may not exceed 100% of the amount of your We Insurance. Printed 09/09/2004 -3- Specimen SCHEDULE OF AD&D INSURANCE For you: AD&D Insurance Benefit: Class 1: The amount of your AD&D Insurance Benefit is equal to the amount of your Plan 1 Life Insurance Benefit. The amount payable for certain Losses is less than 100% of the AD&D Insurance Benefit. See AD&D Table Of Losses. Class 2 and 3: None Seat Belt Benefit: The amount of the Seat Belt Benefit is the lesser of (1) $10,000 or (2) the amount of AD&D Insurance Benefit payable for loss of life. Air Bag Benefit: The amount of the Air Bag Benefit is the lesser of (1) $5,000; or (2) the amount of AD&D Insurance Benefit payable for Loss of your life. Career Adjustment Benefit: The tuition expenses for training incurred by your Spouse within 36 months after the date of your death, exclusive of room and board, but not to exceed $5,000 per year, or the cumulative total of $10,000 or 25% of the AD&D Insurance Benefit, whichever is less. Child Care Benefit: The total child care expense incurred by your Spouse within 36 months after the date of your death for all Children under age 13, but not to exceed $5,000 per year, or the cumulative total of $10,000 or 25% of the AD&D Insurance Benefit, whichever is less. Higher Education Benefit: The tuition expenses incurred per Child within 4 years after the date of your death at an accredited institution of higher education, exclusive of room and board, but not to exceed $5,000 per year, or the cumulative total of $20,000 or 25% of the AD&D Insurance Benefit, whichever is less. AD&D TABLE OF LOSSES The amount payable is a percentage of the AD&D Insurance Benefit in effect on the date of the accident and is determined by the Loss suffered as shown in the following table: Loss: Percentage Payable: a. Life 100% b. One hand, one foot or 50% sight of one eye c. Two or more of the Losses listed 1000/0 in b. above No more than 100% of your AD&D Insurance will be paid for all Losses resulting from one accident. Printed 09/09/2004 - 4 - Specimen REDUCTIONS IN INSURANCE If you or your Spouse reaches an age shown below, the amount of insurance will be the amount determined from the Schedule Of Insurance, multiplied by the appropriate percentage below: Life, AD&D and Dependents Life Insurance: Age Percentage 65 through 69 65% 70 through 74 500/0 75 or over 35% Waiver Of Premium: Accelerated Benefit: Limits on Right To Convert if Group Policy terminates or is amended: Minimum Time Insured: Maximum Conversion Amount: Suicide Exclusion: Leave Of Absence Period: Strike Continuation: Insurance Eligible For Portability: For you: Life Insurance: OTHER BENEFITS Class 1: Yes Class 2 and 3: No Class 1: Yes Class 2 and 3: No OTHER PROVISIONS Minimum combined amount: Maximum combined amount: 5 years $2,000 Applies to: a. Plan 2 Life Insurance b. Dependents Life Insurance c. AD&D Insurance 60 days Yes. The Strike Continuation premium percentage is 120% of the Premium Rate. Yes $10,000 $300, 000 Printed 09/09/2004 - 5 - Specimen For your Spouse: Dependents Life Insurance: Yes Minimum combined amount: $5,000 Maximum combined amount: $100,000 For your Child: Dependents Life Insurance: Yes Minimum combined amount: $1,000 Maximum combined amount: $5,000 For you: AD&D Insurance: Minimum combined amount: Maximum combined amount: Annual Earnings based on: Earnings Period for Commissions (see Definitions): Yes $10,000 $300, 000 Earnings in effect on your last full day of Active Work. The preceding 12 calendar months. Printed 09/09/2004 - 6 - Specimen PREMIUM RATES AND RENEWALS Premium Rates: Life Insurance: Class 1: Plan 1 (basic): Plan 2 (additional): Age of Insured On Last January 1 Under 30 30 through 34 35 through 39 40 through 44 45 through 49 50 through 54 55 through 59 60 through 64 65 through 69 70 through 74 75 through 79 80 or over Class 2 and 3: Plan 1 and Plan 2: Age of Insured On Last January 1 Under 30 30 through 34 35 through 39 40 through 44 45 through 49 50 through 54 55 through 59 60 through 64 65 through 69 70 through 74 75 through 79 80 or over Dependents Life Insurance: Class 1: $.050 monthly per $1,000 of Life Insurance Monthly Rate Per Multiple of $1,000 $ 0.090 0.100 0.130 0.200 0.330 0.560 0.910 1.140 1.980 3.210 4.940 8.400 These rates apply to combined Plan 1 and Plan 2 amounts. Monthly Rate Per Multiple of $1, 000 $ 0.110 0.120 0.170 0.260 0.440 0.780 1.270 1.440 2.380 4.120 6.200 9.750 Spouse: $0.800 monthly per $5,000 of Dependent Life Insurance for your Spouse. Child: $0.500 monthly per $2, 500 of Dependent Life Insurance for your Child(ren). Printed 09/09/2004 - 7 - Specimen Class 2 & 3: $1.250 monthly per Member electing Dependent Life Insurance, regardless of the number of Dependents covered. AD&D Insurance: $0.030 monthly per $1.000 of AD&D Insurance Premium Due Dates: December 1, 2004 and the first day of each calendar month thereafter. Grace Period: 31 days Initial Rate Guarantee Period: December 1, 2004 to December 1, 2007 Notice of Rate Change: 90 days Minimum Participation: Life Insurance: Number: 10 insured Members Percentage: Plan 1: Class 1: 100% of eligible Members Class 2 and 3: 250/6 of eligible Members Plan 2: 25% of eligible Members Dependents Life Insurance: 25% of insured Members with eligible Dependents must elect to insure those Dependents Printed 09/09/2004 - 8 - Specimen LIFE INSURANCE A. Insuring Clause If you die while insured for Life Insurance, we will pay benefits according to the terms of the Group Policy after we receive Proof Of Loss satisfactory to us. B. Amount Of Life Insurance See the Coverage Features for the Life Insurance schedule. C. Changes In Life Insurance 1. Increases You must apply in writing for any elective increase in your Life Insurance. Subject to the Active Work Provisions, an increase in your Life Insurance becomes effective as follows: a. Increases Subject To Evidence Of Insurability An increase in your Life Insurance subject to Evidence Of Insurability becomes effective on the date we approve your Evidence Of Insurability. b. Increases Not Subject To Evidence Of Insurability An increase in your Life Insurance not subject to Evidence Of Insurability becomes effective on the first day of the calendar month coinciding with or next following the date you apply for an elective increase or the date of change in your classification, age or Annual Earnings. 2. Decreases A decrease in your Life Insurance because of a change in your classification, age or Annual Earnings becomes effective on the first day of the calendar month coinciding with or next following the date of the change. Any other decrease in your Life Insurance becomes effective on the first day of the calendar month coinciding with or next following the date the Policyholder or your Employer receives your written request for the decrease. D. Repatriation Benefit The amount of the Repatriation Benefit is shown in the Coverage Features. We will pay a Repatriation Benefit if all of the following requirements are met. 1. A Life Insurance Benefit is payable because of your death. 2. You die more than 200 miles from your primary place of residence. 3. Expenses are incurred to transport your body to a mortuary near your primary place of residence. E. Suicide Exclusion: Life Insurance The Coverage Features states which Life Insurance plan is subject to this suicide exclusion. If your death results from suicide or other intentionally self-inflicted Injury, while sane or insane, 1 and 2 below apply. 1. The amount payable will exclude the amount of your Life Insurance which is subject to this suicide exclusion and which has not been continuously in effect for at Ieast 2 years on the date of your death. In computing the 2-year period, we will include time you were insured under the Printed 09/09/2004 - 9 - Specimen Prior Plan. 2. We will refund all premiums paid for that portion of your Life Insurance which is excluded from payment under this suicide exclusion. F. When Life Insurance Becomes Effective The Coverage Features states whether your Life Insurance is Contributory or Noncontributory. Subject to the Active Work Provisions, your We Insurance becomes effective as follows: 1. Life Insurance subject to Evidence Of Insurability Life Insurance subject to Evidence Of Insurability becomes effective on the date we approve your Evidence Of Insurability. 2. Life Insurance not subject to Evidence Of Insurability a. Noncontributory We Insurance Noncontributory Life Insurance not subject to Evidence Of Insurability becomes effective on the date you become eligible. b. Contributory Life Insurance You must apply in writing for Contributory Life Insurance and agree to pay premiums. Contributory Life Insurance not subject to Evidence Of Insurability becomes effective on: (i) The date you become eligible if you apply on or before that date. (ii) The date you apply if you apply within 31 days after you become eligible. Late application: Evidence Of Insurability is required if you apply more than 31 days after you become eligible. 3. Takeover Provision a. if you were insured under the Prior Plan on the day before the effective date of your Employer's coverage under the Group Policy, your Eligibility Waiting Period is waived on the effective date of your Employer's coverage under the Group Policy. b. You must submit satisfactory Evidence Of Insurability to become insured for Life Insurance. if you were eligible under the Prior Plan for more than 31 days but were not insured. G. When Life Insurance Ends Life Insurance ends automatically on the earliest of: 1. The date the last period ends for which you made a premium contribution, if your insurance is Contributory; 2. The date the Group Policy terminates; 3. The date your employment terminates; and 4. The date you cease to be a Member. However, if you cease to be a Member because you are working less than the required minimum number of hours, your Life Insurance will be continued with premium payment during the following periods, unless it ends under 1 through 3 above. a. While your Employer is paying you at least the same Annual Earnings paid to you immediately before you ceased to be a Member. b. While your ability to work is limited because of Sickness, Injury, or Pregnancy. c. During the first 60 days of a temporary layoff. Printed 09/09/2004 - 10 - Specimen d. During a leave of absence if continuation of your insurance under the Group Policy is required by a state -mandated family or medical leave act or law. e. During any other scheduled leave of absence approved by your Employer in advance and in writing and lasting not more than the period shown in the Coverage Features. H. Reinstatement Of Life Insurance If your Life Insurance ends, you may become insured again as a new Member. However, 1 through 4 below will apply. 1. If your Life Insurance ends because you cease to be a Member, and if you become a Member again within 90 days, the Eligibility Waiting Period will be waived. 2. If your Life Insurance ends because you fail to make a required premium contribution, you must provide Evidence Of Insurability to become insured again. 3. If you exercised your Right To Convert, you must provide Evidence Of Insurability to become insured again. 4. If your Life Insurance ends because you are on a federal or state -mandated family or medical leave of absence, and you become a Member again immediately following the period allowed, your insurance will be reinstated pursuant to the federal or state -mandated family or medical leave act or law. DEPENDENTS LEFE INSURANCE A. Insuring Clause (MPAT_SUIC PART) LLLF.TR.2 If your Dependent dies while insured for Dependents Life Insurance, we will pay benefits according to the terms of the Group Policy after we receive Proof Of Loss satisfactory to us. B. Amount Of Dependents Life Insurance See the Coverage Features for the amount of your Dependents Life Insurance. C. Changes In Dependents Life Insurance 1. Increases You must apply in writing for any elective increase in your Dependents Life Insurance. Subject to the Active Work Provisions, an increase in your Dependents Life Insurance becomes effective as follows: a. Increases Subject To Evidence Of Insurability An increase in your Dependents Life Insurance subject to Evidence Of Insurability becomes effective on the date we approve that Dependent's Evidence Of Insurability. b. Increases Not Subject To Evidence Of Insurability An increase in your Dependents Life Insurance not subject to Evidence Of Insurability becomes effective on the first day of the calendar month coinciding with or next following the date you apply for an elective increase. An increase in your Dependents Life Insurance because of an increase in your Life Insurance becomes effective on the date your Life Insurance increases. 2. Decreases A decrease in your Dependents Life Insurance because of a decrease in your Life Insurance becomes effective on the date your Life Insurance decreases. Printed 09/09/2004 - 11 - Specimen D. Suicide Exclusion: Dependents Life Insurance If a Dependent's death results from suicide or other intentionally self-inflicted Injury, while sane or insane, 1 and 2 below will apply. 1. The amount payable will exclude the amount of Dependents We Insurance which has not been continuously in effect for at least 2 years on the date of death. In computing the 2-year period, we will include time insured under the Prior Plan. 2. We will refund all premiums paid for Dependents Life Insurance which is excluded from payment under this suicide exclusion which we determine are attributable to that Dependent. E. Definitions For Dependents Life Insurance Dependent means your Spouse or Child. Dependent does not include a person who is a full-time member of the armed forces of any country. F. Becoming Insured For Dependents We Insurance 1. Eligibility You become eligible to insure your Dependents on the later of: a. The date your Life Insurance becomes effective; and b. The date you first acquire a Dependent. A Member may not be insured as both a Member and a Dependent. A Child may not be insured by more than one Member. 2. Effective Date The Coverage Features states whether your Dependents Life Insurance is Contributory or Noncontributory. Subject to the Active Work Provisions, your Dependents Life Insurance becomes effective as follows: a. Dependents Life Insurance Subject To Evidence Of Insurability Dependents Life Insurance subject to Evidence Of Insurability becomes effective on the later of: 1. The date your Life Insurance becomes effective; and 2. The first day of the calendar month coinciding with or next following the date we approve the Dependent's Evidence Of Insurability. b. Dependents Life Insurance Not Subject To Evidence Of Insurability 1. Noncontributory Dependents Life Insurance Noncontributory Dependents Life Insurance not subject to Evidence Of Insurability becomes effective on the later of: I. The date your Life Insurance becomes effective; and ii. The date you first acquire a Dependent. 2. Contributory Dependents Life Insurance You must apply in writing for Contributory Dependents We Insurance and agree to pay premiums. Contributory Dependents Life Insurance not subject to Evidence Of Insurability becomes effective on the latest of: i. The date your Life Insurance becomes effective if you apply on or before that date; Printed 09/09/2004 - 12 - Specimen ii. The date you become eligible to insure your Dependents if you apply on or before that date; and ill. The date you apply if you apply within 31 days after you become eligible. Late Application: Evidence Of Insurability is required for each Dependent if you apply more than 31 days after you become eligible. c. While your Dependents Life Insurance is in effect, each new Child becomes insured immediately. d. Takeover Provision Each Dependent who was eligible under the Prior Plan for more than 31 days but was not insured must submit satisfactory Evidence Of Insurability to become insured for Dependents Life Insurance. G. When Dependents Life Insurance Ends Dependents Life Insurance ends automatically on the earliest of. 1. Five months after you die (no premiums will be charged for your Dependents Life Insurance during this time); 2. The date your Life Insurance ends; 3. The date the Group Policy terminates, or the date Dependents Life Insurance terminates under the Group Policy; 4. The date the last period ends for which you made a premium contribution, if your Dependents Life Insurance is Contributory; 5. For your Spouse, the date of your divorce; 6. For any Dependent, the date the Dependent ceases to be a Dependent; and 7. For a Child who is Disabled, 90 days after we mail you a request for proof of Disability, if proof is not given. (aP R CH SWC ALL) LI MOT.2 ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE A. Insuring Clause If you have an accident, while insured for AD&D Insurance, and the accident results in a Loss, we will pay benefits according to the terms of the Group Policy after we receive Proof Of Loss satisfactory to us. B. Definition Of Loss For AD&D Insurance Loss means loss of life, hand, foot, or sight which: 1. Is caused solely and directly by an accident; 2. Occurs independently of all other causes, and 3. Occurs within 365 days after the accident. With respect to a hand or foot, Loss means. actual and permanent severance from the body at or above the wrist or ankle joint. With respect to sight, Loss means entire and irrecoverable loss of sight. C. Amount Payable See Coverage Features for the AD&D Insurance schedule. The amount payable is a percentage of Printed 09/09/2004 - 13 - Specimen the AD&D Insurance Benefit in effect on the date of the accident and is determined by the Loss suffered. See AD&D Table Of Losses in the Coverage Features. D. Changes In AD&D Insurance Changes in your AD&D Insurance will become effective on the date your Life Insurance changes. E. AD&D Insurance Exclusions No AD&D Insurance benefit is payable if the accident or Loss is caused or contributed to by any of the following: 1. War or act of War. War means declared or undeclared war, whether civil or international, and any substantial armed conflict between organized forces of a military nature. 2. Suicide or other intentionally self-inflicted Injury, while sane or insane. 3. Committing or attempting to commit an assault or felony, or actively participating in a violent disorder or riot. Actively participating does not include being at the scene of a violent disorder or riot while performing your official duties. 4. The voluntary use or consumption of any poison, chemical compound, alcohol or drug, unless used or consumed according to the directions of a Physician. 5. Sickness or Pregnancy existing at the time of the accident. 6. Heart attack or stroke. 7. Medical or surgical treatment for any of the above. F. Additional AD&D Benefits Seat Belt Benefit The amount of the Seat Belt Benefit is shown in the Coverage Features. We will pay a Seat Belt Benefit if all of the following requirements are met: 1. You die as a result of an Automobile accident for which an AD&D Insurance Benefit is payable for Loss of your Life; and 2. You are wearing and properly utilizing a Seat Belt System at the time of the accident, as evidenced by a police accident report. Seat Belt System means a properly installed combination lap and shoulder restraint system that meets the Federal Vehicle Safety Standards of the National Highway Traffic Safety Administration. Seat Belt System will include a lap belt alone, but only if the Automobile did not have a combination lap and shoulder restraint system when manufactured. Seat Belt System does not include a shoulder restraint alone. Automobile means a motor vehicle licensed for use on public highways. Air Bag Benefit The amount of the Air Bag Benefit is shown in the Coverage Features. We will pay an Air Bag Benefit if all of the following requirements are met: 1. You die as a result of an automobile accident for which a Seat Belt Benefit is payable for Loss of your life. 2. The Automobile is equipped with an Air Bag System that was installed as original equipment by the Automobile manufacturer and has received regular maintenance or scheduled replacement as recommended by the Automobile or Air Bag manufacturer. Printed 09/09/2004 - 14 - Specimen 3. You are seated in the driver's or a passenger's seating position intended to be protected by the Air Bag System and the Air Bag System deploys, as evidenced by a police accident report. Air Bag System means an automatically inflatable passive restraint system that is designed to provide automatic crash protection in front or side impact Automobile accidents and meets the Federal Vehicle Safety Standards of the National Highway Traffic Safety Administration. Automobile means a motor vehicle licensed for use on public highways. Career Adjustment Benefit The amount of the Career Adjustment Benefit is shown in the Coverage Features. We will pay a Career Adjustment Benefit to your Spouse if all of the following requirements are met: 1. You are insured for AD&D Insurance under the Group Policy. 2. You die as a result of an accident for which an AD&D Insurance Benefit is payable for Loss of your life. 3. Your Spouse is, within 36 months after the date of your death, registered and in attendance at a professional or trades training program for the purpose of obtaining employment or increasing earnings. No Career Adjustment Benefit will be paid if you have no surviving Spouse. Child Care Benefit The amount of the Child Care Benefit is shown in the Coverage Features. We will pay a Child Care Benefit to your Spouse if all of the following requirements are met: 1. You are insured for AD&D Insurance under the Group Policy. 2. You die as a result of an accident for which an AD&D Insurance Benefit is payable for Loss of your life. 3. Your Spouse pays a licensed child care provider who is not a member of your family for child care provided to your Child(ren) under age 13 within 36 months of your death. 4. The child care is necessary in order for your Spouse to work or to obtain training for work or to increase earnings. No Child Care Benefit will be paid if you have no surviving Spouse. Higher Education Benefit The amount of the Higher Education Benefit is shown in the Coverage Features. We will pay a Higher Education Benefit to your Child if all of the following requirements are met: 1. You are insured for AD&D Insurance under the Group Policy. 2. You die as a result of an accident for which an AD&D Insurance Benefit is payable for Loss of your life. 3. Your Child is, within 12 months after the date of your death, registered and in full-time attendance at an accredited institution of higher education beyond high school. The Higher Education Benefit will be paid annually to each Child who meets the requirements of item 3 above, for a maximum of 4 consecutive years beginning on the date of your death. No Higher Education Benefit will be paid if there is no Child eligible to receive it. Printed 09/09/2004 - 15 - Specimen G. Becoming Insured For AD&D Insurance 1. Eligibility You become eligible for AD&D Insurance on the date your Life Insurance is effective. 2. Effective Date The Coverage Features states whether AD&D Insurance is Contributory or Noncontributory. Subject to the Active Work Provisions, AD&D Insurance becomes effective as follows: a. Noncontributory AD&D Insurance Noncontributory AD&D Insurance becomes effective on the date you become eligible. b. Contributory AD&D Insurance You must apply in writing for Contributory AD&D Insurance and agree to pay premiums. Contributory AD&D Insurance becomes effective on the later of: (i) The date you become eligible if you apply on or before that date. (ii) The first day of the calendar month coinciding with or next following the date you apply, if you apply after you become eligible. H. When AD&D Insurance Ends AD&D Insurance ends automatically on the earlier of: 1. The date your Life Insurance ends. 2. The date your Waiver Of Premium begins. 3. The date AD&D Insurance terminates under the Group Policy. (FB_NO DEP REED ALCOHL E%CL SEAT AIR COMBO) LLAMOT.3 ACTIVE WORK PROVISIONS If you are incapable of Active Work because of Sickness, Injury or Pregnancy on the day before the scheduled effective date of your insurance or an increase in your insurance, your insurance or increase will not become effective until the day after you complete one full day of Active Work as an eligible Member. Active Work and Actively At Work mean performing the material duties of your own occupation at your Employer's usual place of business. You will also meet the Active Work requirement if: 1. You were absent from Active Work because of a regularly scheduled day off, holiday, or vacation day; 2. You were Actively At Work on your last scheduled work day before the date of your absence; and 3. You were capable of Active Work on the day before the scheduled effective date of your insurance or increase in your insurance. LI.AW.OT.3 Printed 09/09/2004 - 16 - Specimen PORTABILITY OF INSURANCE A. Portability Of Insurance If your insurance under the Group Policy ends because your employment with your Employer terminates, you may be eligible to buy portable group insurance coverage as shown in the Coverage Features for yourself and your Dependents without submitting Evidence Of Insurability. To be eligible you must satisfy the following requirements: 1. On the date your employment terminates, you must be able to perform with reasonable continuity the material duties of at least one gainful occupation for which you are reasonably fitted by education, training and experience. (If you are unable to meet this requirement, see the Right To Convert and Waiver Of Premium provisions for other options that may be available to you under the Group Policy.) 2. On the date your employment terminates, you are under age 65. 3. On the date your employment terminates, you must have been continuously insured under the Group Policy for at least 12 consecutive months. In computing the 12 consecutive month period, we will include time insured under the Prior Plan. 4. You must apply in writing and pay the first premium directly to us at our Home Office within 31 days after the date your employment terminates. You must purchase portable group life insurance coverage for yourself in order to purchase any other insurance eligible for portability. This portable group insurance will be provided under a master Group Life Portability Insurance Policy we have issued to the Standard Insurance Company Group Insurance Trust. If approved, the certificate you will receive will be governed under the terms of the Group Life Portability Insurance Policy and will contain provisions that differ from your Employer's coverage under the Group Policy. B. Amount Of Portable Insurance The minimum and maximum amounts that you are eligible to buy under the Group Life Portability Insurance Policy are shown in the Coverage Features. You may buy less than the maximum amounts in increments of $1,000. The combined amounts of insurance purchased under this Portability Of Insurance provision and the Right To Convert provision cannot exceed the amount in effect under the Group Policy on the day before your employment terminates. C. When Portable Insurance Becomes Effective Portable group insurance will become effective the day after your employment with your Employer terminates, if you apply within 31 days after the date your employment terminates. If death occurs within 31 days after the date insurance ends under the Group Policy, life insurance benefits, if any, will be paid according to the terms of the Group Policy in effect on the date your employment terminates and not the terms of the Group Life Portability Insurance Policy. AD&D benefits, if any, will be paid according to the terms of the Group Policy or the Group Life Portability Insurance Policy, but not both. In no event will the benefits paid exceed the amount in effect under the Group Policy on the day before your employment terminates. (WITH DL REF WITH ADAD REF) ILMOT.I STRIKE CONTINUATION Insurance may be continued for up to 6 months while you are absent from Active Work because of a strike, lockout or other general work stoppage caused by a labor dispute. Rules 1 through 4 below will apply. Printed 09/09/2004 - 17 - Specimen 1. When your compensation is suspended or terminated because of a work stoppage, your Employer will immediately notify you in writing of your rights under this provision. Your Employer will mail the notice to you at your last address on record with the Employer. 2. You must pay the entire premium for your insurance, including the Employer's share, if any, to your Employer on or before each Premium Due Date. 3. The premiums for your insurance during the work stoppage will equal a percentage of the premium rate in effect on the date the work stoppage began (see Coverage Features). We may change premium rates during the work stoppage according to the terms of the Group Policy. 4. Insurance continued under this provision will end on the earliest of: a. Any Premium Due Date if you fail to make the required premium contribution to your Employer on or before that date. b. The date you have been absent from Active Work for 6 months. c. On the date you begin full-time employment with another employer. d. At our option, on any Premium Due Date if less than 75% of the Members eligible to continue insurance under this provision make the required premium payment to the Employer. U.ss.ar.1 WAVER OF PREMNM A. Waiver Of Premium Benefit Insurance will be continued without payment of premiums while you are Totally Disabled if: 1. You become Totally Disabled while insured under the Group Policy and under age 60; 2. You complete your Waiting Period; and 3. You give us satisfactory Proof Of Loss. We may have you examined at our expense at reasonable intervals. Any such examination will be conducted by specialists of our choice. B. Definitions For Waiver Of Premium 1. Insurance means all your insurance under the Group Policy, except AD&D Insurance. 2. Totally Disabled means that, as a result of Sickness, accidental Injury, or Pregnancy, you are unable to perform with reasonable continuity the material duties of any gainful occupation for which you are reasonably fitted by education, training and experience. 3. Waiting Period means the 180 consecutive day period beginning on the date you become Totally Disabled. Waiver Of Premium begins when you complete the Waiting Period. C. Premium Payment Premium payment must continue until the later of. 1. The date you complete your Waiting Period; and 2. The date we approve your claim for Waiver Of Premium. D. Refund Of Premiums We will refund up to 12 months of the premiums that were paid for Insurance after the date you become Totally Disabled. Printed 09/09/2004 - 18 - Specimen E. Amount Of Insurance The amount of Insurance eligible for Waiver Of Premium is the amount in effect on the day before you become Totally Disabled. However, the following will apply: 1. Insurance will be reduced or terminated according to the Group Policy provisions in effect on the day before you become Totally Disabled. 2. If you become insured under a group life insurance plan that replaces the Group Policy while you are eligible for Waiver Of Premium, any death benefit payable under the Group Policy will be reduced by the amount payable under the replacement group life insurance plan. 3. If you receive an Accelerated Benefit, Insurance will be reduced according to the Accelerated Benefit provision. 4. The amount of Supplemental Life Insurance on your Spouse will be the lesser of a. The amount in effect on the day before you become Totally Disabled; and b. The amount in effect one year before the date you become Totally Disabled. F. Effect Of Death During The Waiting Period If you die during the Waiting Period and are otherwise eligible for Waiver Of Premium, the Waiting Period will be waived. G. Termination Or Amendment Of The Group Policy Insurance will not be affected by termination or amendment of the Group Policy after you become Totally Disabled. H. When Waiver Of Premium Ends Waiver Of Premium ends on the earliest of- 1 . The date you cease to be Totally Disabled; 2. 90 days after the date we mail you a request for additional Proof Of Loss, if it is not given; 3. The date you fail to attend an examination or cooperate with the examiner; 4. With respect to the amount of Insurance which an insured has converted, the effective date of the individual life insurance policy issued to the insured; and 5. The date you reach age 65. ACCELERATED BENEFIT A. Accelerated Benefit (ELIG 60 TERMS 65) UMPAT.2 If you qualify for Waiver Of Premium and give us satisfactory proof of having a Qualifying Medical Condition while you are insured under the Group Policy, you may have the right to receive during your lifetime a portion of your Insurance as an Accelerated Benefit. You must have at least $10,000 of Insurance in effect to be eligible. If your Insurance is scheduled to end within 24 months following the date you apply for the Accelerated Benefit, you will not be eligible for the Accelerated Benefit. Qualifying Medical Condition means you are terminally ill as a result of an illness or physical condition which is reasonably expected to result in death within 12 months. We may have you examined at our expense in connection with your claim for an Accelerated Benefit. Any such examination will be conducted by one or more Physicians of our choice. A Printed 09/09/2004 - 19 - Specimen dispute between you and us arising out of conflicting diagnoses will be administered in accordance with the review procedure in the Claims section. B. Application For Accelerated Benefit You must apply for an Accelerated Benefit. To apply you must give us satisfactory Proof Of Loss on our forms. Proof Of Loss must include a statement from a Physician that you have a Qualifying Medical Condition. Upon application you will receive a disclosure statement for the Accelerated Benefit. C. Amount Of Accelerated Benefit You may receive an Accelerated Benefit of up to 75% of your Insurance. The maximum Accelerated Benefit is $500,000. The minimum Accelerated Benefit is $5,000 or 10% of your Insurance, whichever is greater. If the amount of your Insurance is scheduled to reduce within 12 months following the date you apply for the Accelerated Benefit, your Accelerated Benefit will be based on the reduced amount. The Accelerated Benefit will be paid to you once in your lifetime in a lump sum. If you recover from your Qualifying Medical Condition after receiving an Accelerated Benefit, we will not ask you for a refund. D. Effect On Insurance And Other Benefits For any purpose other than premium payment, the amount of your Insurance after payment of the Accelerated Benefit will be the greater of the amounts in (1) and (2) below; however, if you assign your rights under the Group Policy, the amount of your Insurance will be the amount in (2) below. (1) 10% of the amount of your Insurance as if no Accelerated Benefit had been paid; or (2) The amount of your Insurance as if no Accelerated Benefit had been paid; minus The amount of the Accelerated Benefit; minus An interest charge calculated as follows: A times B times C divided by 365 = interest charge. A = The amount of the Accelerated Benefit. B = The monthly average of our variable policy loan interest rate or 10% per annum, whichever is less. C = The number of days from payment of the Accelerated Benefit to the earlier of (1) the date you die, and (2) the date you have a Right To Convert, but not to exceed a maximum of 12 months. Your AD&D Insurance, if any, is not affected by payment of the Accelerated Benefit. E. Exclusions No Accelerated Benefit will be paid if: 1. All or part of your Insurance must be paid to your Child(ren), or your Spouse or former Spouse as part of a court approved divorce decree, separate maintenance agreement, or property settlement agreement. 2. You are married and live in a community property state unless you give us a signed written consent from your Spouse. 3. You have made an assignment of all or part of your Insurance unless you give us a signed written consent from the assignee. 4. You are required by a government agency to use the Accelerated Benefit to apply for, receive, or continue a government benefit or entitlement. Printed 09/09/2004 - 20 - Specimen 5. You have previously received an Accelerated Benefit under the Group Policy. F. Definitions For Accelerated Benefit Insurance means your Life Insurance Benefit and Supplemental Life Insurance Benefit, if any, under the Group Policy. U AB.TX1 RIGHT TO CONVERT A- Right To Convert You may buy an individual policy of life insurance without Evidence Of Insurability if: 1. Your Insurance ends or is reduced due to a Qualifying Event; and 2. You apply in writing and pay us the first premium during the Conversion Period. Except as limited under C. Limits On Right To Convert, the maximum amount you have a Right To Convert is the amount of your Insurance which ended. B. Definitions For Right To Convert 1. Conversion Period means the 31-day period after the date of any Qualifying Event. 2. Insurance means all your insurance under the Group Policy, including insurance continued under Waiver Of Premium, but excluding AD&D Insurance. 3. Qualifying Event means termination or reduction of your Insurance for any reason except: a. The Member's failure to make a required premium contribution. b. Payment of an Accelerated Benefit. 4. You and your mean any person insured under the Group Policy. C. Limits On Right To Convert If your Insurance ends or is reduced because of termination or amendment of the Group Policy, 1 and 2 below will apply. 1. You may not convert Insurance which has been in effect for less than the Minimum Time Insured. See Coverage Features. 2. The maximum amount you have a Right To Convert is the lesser of: a. The amount of your Insurance which ended, minus any other group life insurance for which you become eligible during the Conversion Period; and b. The Maximum Conversion Amount. See Coverage Features. D. The Individual Policy You may select any form of individual life insurance policy we issue to persons of your age, except: 1. A term insurance policy; 2. A universal life policy; 3. A policy with disability, accidental death, or other additional benefits; or 4. A policy in an amount less than the minimum amount we issue for the form of life insurance you select. Printed 09/09/2004 - 21 - Specimen The individual policy of life insurance will become effective on the day after the end of the Conversion Period. We will use our published rates for standard risks to determine the premium. E. Death During The Conversion Period If you die during the Conversion Period, we will pay a death benefit equal to the maximum amount you had a Right To Convert, whether or not you applied for an individual policy. The benefit will be paid according to the Benefit Payment And Beneficiary Provisions. A "; IT�� A. Filing A Claim U.M.OT.1 Claims should be filed on our forms. If we do not provide our forms within 15 days after they are requested, the claim may be submitted in a letter to us. B. Time Limits On Filing Proof Of Loss Proof Of Loss must be provided within 90 days after the date of the loss. If that is not possible, it must be provided as soon as reasonably possible, but not later than one year after that 90-day period. Proof Of Loss for Waiver Of Premium must be provided within 12 months after the end of the Waiting Period. We will require further Proof Of Loss at reasonable intervals, but not more often than once a year after you have been continuously Totally Disabled for two years. If Proof Of Loss is filed outside these time limits, the claim will be denied. These limits will not apply while the Member or Beneficiary lacks legal capacity. C. Proof Of Loss Proof Of Loss means written proof that a loss occurred: 1. For which the Group Policy provides benefits; 2. Which is not subject to any exclusions; and 3. Which meets all other conditions for benefits. Proof Of Loss includes any other information we may reasonably require in support of a claim. Proof Of Loss must be in writing and must be provided at the expense of the claimant. No benefits will be provided until we receive Proof Of Loss. D. Investigation Of Claim We may have you examined at our expense at reasonable intervals. Any such examination will be conducted by specialists of our choice. We may have an autopsy performed at our expense, except where prohibited by law. E. Time Of Payment We will pay benefits within 60 days after Proof Of Loss is satisfied. F. Notice Of Decision On Claim We will evaluate a claim for benefits promptly after we receive it. With respect to all claims except Waiver Of Premium claims, within 90 days after we receive the claim we will send the claimant: (a) a written decision on the claim; or (b) a notice that we are extending the period to decide the claim for an additional 90 days. With respect to Waiver Of Premium claims, within 45 days after we receive the claim we will send the claimant: (a) a written decision on the claim; or (b) a notice that we are extending the period to Printed 09/09/2004 - 22 - Specimen decide the claim for 30 days. Before the end of this extension period we will send the claimant: (a) a written decision on the Waiver Of Premium claim; or (b) a notice that we are extending the period to decide the claim for an additional 30 days. If an extension is due to the claimant's failure to provide information necessary to decide the Waiver Of Premium claim, the extended time period for deciding the claim will not begin until the claimant provides the information or otherwise responds. If we extend the period to decide the claim, we will notify the claimant of the following: (a) the reasons for the extension; (b) when we expect to decide the claim; (c) an explanation of the standards on which entitlement to benefits is based; (d) the unresolved issues preventing a decision; and (e) any additional information we need to resolve those issues. If we request additional information, the claimant will have 45 days to provide the information. If the claimant does not provide the requested information within 45 days, we may decide the claim based on the information we have received. If we deny any part of the claim, we will send the claimant a written notice of denial containing: 1. The reasons for our decision. 2. Reference to the parts of the Group Policy on which our decision is based. 3. A description of any additional information needed to support the claim. 4. Information concerning the claimant's right to a review of our decision. G. Review Procedure If all or part of a claim is denied, the claimant may request a review. The claimant must request a review in writing: 1. Within 180 days after receiving notice of the denial of a claim for Waiver Of Premium; 2. Within 60 days after receiving notice of the denial of any other claim. The claimant may send us written comments or other items to support the claim. The claimant may review and receive copies of any non -privileged information that is relevant to the request for review. There will be no charge for such copies. Our review will include any written comments or other items the claimant submits to support the claim. We will review the claim promptly after we receive the request. With respect to all claims except Waiver Of Premium claims, within 60 days after we receive the request for review we will send the claimant: (a) a written decision on review: or (b) a notice that we are extending the review period for 60 days. With respect to Waiver Of Premium claims, within 45 days after we receive the request for review we will send the claimant: (a) a written decision on review, or (b) a notice that we are extending the review period for 45 days. If an extension is due to the claimant's failure to provide information necessary to decide the claim on review, the extended time period for review of the claim will not begin until the claimant provides the information or otherwise responds. If we extend the review period, we will notify the claimant of the following: (a) the reasons for the extension; (b) when we expect to decide the claim on review; and (c) any additional information we need to decide the claim. If we request additional information, the claimant will have 45 days to provide the information. If the claimant does not provide the requested information within 45 days, we may conclude our review of the claim based on the information we have received. With respect to Waiver Of Premium claims, the person conducting the review will be someone other than the person who denied the claim and will not be subordinate to that person. The person conducting the review will not give deference to the initial denial decision. If the denial Printed 09/09/2004 - 23 - Specimen was based on a medical judgement, the person conducting the review will consult with a qualified health care professional. This health care professional will be someone other than the person who made the original medical judgement and will not be subordinate to that person. The claimant may request the names of medical or vocational experts who provided advice to us about a claim for Waiver Of Premium. If we deny any part of the claim on review, the claimant will receive a written notice of denial containing: 1. The reasons for our decision. 2. Reference to the parts of the Group Policy on which our decision is based. 3. Information concerning the claimant's right to receive, free of charge, copies of non - privileged documents and records relevant to the claim. (2ND REV PUB WRDG) U.CL (Yr.5 ASSIGNMENT The rights and benefits under the Group Policy cannot be assigned. LI.AS.ar.l BENEFIT PAYMENT AND BENEFICIARY PROVISIONS A. Payment Of Benefits 1. Except as provided in item 6 below, benefits payable because of your death will be paid to the Beneficiary you name. See B through E of this section. 2. AD&D Insurance benefits payable for Losses other than Loss of Life will be paid to the person who suffers the Loss for which benefits are payable. Any such benefits remaining unpaid at that person's death will be paid according to the provisions for payment of a death benefit. 3. The benefits below will be paid to you if you are living. a. AD&D Insurance benefits payable because of the death of your Dependent. b. Dependents Life Insurance benefits. c. Supplemental Life Insurance benefits payable because of the death of your Spouse. d. Accelerated Benefits. 4. Dependents Life Insurance benefits and AD&D Insurance benefits payable because of the death of your Dependent which are unpaid at your death will be paid in equal shares to the first surviving class of the classes below. a. The children of the Dependent. b. The parents of the Dependent. c. The brothers and sisters of the Dependent. d. Your estate. 5. Supplemental Life Insurance benefits payable because of the death of your Spouse which are unpaid at your death will be paid in equal shares to the first surviving class of the classes below. a. The children of your Spouse. b. The parents of your Spouse. Printed 09/09/2004 - 24 - Specimen c. The brothers and sisters of your Spouse. d. Your estate. 6. Additional Benefits will be paid as follows: The Child Care Benefit will be paid to your surviving Spouse. No Child Care Benefit will be paid if you have no Spouse. The Career Adjustment Benefit will be paid to your Spouse. No Career Adjustment Benefit will be paid if you have no Spouse. The Higher Education Benefit will be paid annually to each eligible Child. No Higher Education Benefit will be paid if there is no Child eligible to receive it. The Repatriation Benefit will be paid to the person who incurs the transportation expenses. B. Naming A Beneficiary Beneficiary means a person you name to receive death benefits. You may name one or more Beneficiaries. If you name two or more Beneficiaries in a class: 1. Two or more surviving Beneficiaries will share equally, unless you provide for unequal shares. 2. If you provide for unequal shares in a class, and two or more Beneficiaries in that class survive, we will pay each surviving Beneficiary his or her designated share. Unless you provide otherwise, we will then pay the share(s) otherwise due to any deceased Beneficiary(ies) to the surviving Beneficiaries pro rata based on the relationship that the designated percentage or fractional share of each surviving Beneficiary bears to the total shares of all surviving Beneficiaries. 3. If only one Beneficiary in a class survives, we will pay the total death benefits to that Beneficiary. You may name or change Beneficiaries at any time without the consent of a Beneficiary. Your Beneficiary designation must be the same for Life Insurance and AD&D Insurance death benefits. Your Beneficiary designations for Life Insurance and your Supplemental Life Insurance may be different. You must name or change Beneficiaries in writing. Your designation: 1. Must be dated and signed by you, 2. Must be delivered to the Policyholder or Employer during your lifetime; 3. Must relate to the insurance provided under the Group Policy; and 4. Will take effect on the date it is delivered to the Policyholder or Employer. If we approve it, a designation, which meets the requirements of a Prior Plan will be accepted as your Beneficiary designation under the Group Policy. C. Simultaneous Death Provision If a Beneficiary or a person in one of the classes listed in item D. No Surviving Beneficiary dies on the same day you die, or within 15 days thereafter, benefits will be paid as if that Beneficiary or person had died before you, unless Proof Of Loss with respect to your death is delivered to us before the date of the Beneficiary's death. Printed 09/09/2004 - 25 - Specimen D. No Surviving Beneficiary If you do not name a Beneficiary, or if you are not survived by one, benefits will be paid in equal shares to the first surviving class of the classes below. 1. Your Spouse. 2. Your children. 3. Your parents. 4. Your brothers and sisters. 5. Your estate. E. Methods Of Payment Recipient means a person who is entitled to benefits under this Benefit Payment and Beneficiary Provisions section. 1. Lump Sum If the amount payable to a Recipient is less than $25,000, we will pay it in a lump sum. 2. Standard Secure Access Checking Account If the amount payable to a Recipient is $25,000, or more, we will deposit it into a Standard Secure Access checking account which: a. Bears interest; b. Is owned by the Recipient; c. Is subject to the terms and conditions of a confirmation certificate which will be given to the Recipient; and d. Is fully guaranteed by us. 3. Installments Payment to a Recipient may be made in installments if: a. The amount payable is $25,000 or more; b. The Recipient chooses; and c. We agree. To the extent permitted by law, the amount payable to the Recipient will not be subject to any legal process or to the claims of any creditor or creditor's representative. (FB PZPAT_2SH SSA/LUMP/1?WM) LLBB.oTA ALLOCATION OF AUTHORITY Except for those functions which the Group Policy specifically reserves to the Policyholder, we have full and exclusive authority to control and manage the Group Policy, to administer claims, and to interpret the Group Policy and resolve all questions arising in the administration, interpretation, and application of the Group Policy. Our authority includes, but is not limited to: 1. The right to resolve all matters when a review has been requested; 2. The right to establish and enforce rules and procedures for the administration of the Group Policy and any claim under it; Printed 09/09/2004 - 26 - Specimen 3. The right to determine: a. Eligibility for insurance; b. Entitlement to benefits; c. Amount of benefits payable; d. Sufficiency and the amount of information we may reasonably require to determine a., b., or c. , above. Subject to the review procedures of the Group Policy any decision we make in the exercise of our authority is conclusive and binding. LI.AL.OT.1 TIME LIBUTS ON LEGAL ACTIONS No action at law or in equity may be brought until 60 days after we have been given Proof Of Loss. No such action may be brought more than three years after the earlier of: 1. The date we receive Proof Of Loss; and 2. The time within which Proof Of Loss is required to be given. U.TL.OT.1 INCONTESTABILITY PROVISIONS A. Incontestability Of Insurance Any statement made to obtain or to increase insurance is a representation and not a warranty. No misrepresentation will be used to reduce or deny a claim unless: 1. The insurance would not have been approved if we had known the truth; and 2. We have given you or any other person claiming benefits a copy of the signed written Instrument which contains the misrepresentation. We will not use a misrepresentation to reduce or deny a claim after the insured's insurance has been in effect for two years during the lifetime of the insured. B. Incontestability Of Group Policy Any statement made by the Policyholder or Employer to obtain the Group Policy is a representation and not a warranty. No misrepresentation by the Policyholder or, Employer will be used to deny a claim or to deny the validity of the Group Policy unless: 1. The Group Policy would not have been issued if we had known the truth; and 2. We have given the Policyholder or Employer a copy of a written instrument signed by the Policyholder or Employer which contains the misrepresentation. The validity of the Group Policy will not be contested after it has been in force for two years, except for nonpayment of premiums. LUMOT.2 Printed 09/09/2004 - 27 - Specimen CLERICAL ERROR, AGENCY, AND MISSTATEMENT A. Clerical Error Clerical error by the Policyholder, your Employer, or their respective employees or representatives will not: 1. Cause a person to become insured. 2. Invalidate insurance otherwise validly in force. 3. Continue insurance otherwise validly terminated. B. Agency The Policyholder and your Employer act on their own behalf as your agent, and not as our agent. C. Misstatement Of Age If a person's age has been misstated, we will make an equitable adjustment of premiums, benefits, or both. The adjustment will be based on: 1. The amount of insurance based on the correct age; and 2. The difference between the premiums paid and the premiums which would have been paid if the age had been correctly stated. LLMOT.1 TERARNATION OR AMENDMENT OF THE GROUP POLICY The Group Policy may be terminated by us or the Policyholder according to its terms. It will terminate automatically for nonpayment of premium. The Policyholder may terminate the Group Policy in whole, and may terminate insurance for any class or group of Members, at any time by giving us written notice. Benefits under the Group Policy are limited to its terms, including any valid amendment. No change or amendment will be valid unless it is approved in writing by one of our executive officers and given to the Policyholder for attachment to the Group Policy. If the terms of the Certificate differ from the Group Policy, the terms stated in the Group Policy will govern. The Policyholder, your Employer, and their respective employees or representatives have no right or authority to change or amend the Group Policy or to waive any of its terms or provisions without our signed written approval. We may change the Group Policy in whole or in part when any change or clarification in law or governmental regulation affects our obligations under the Group Policy, or with the Policyholder's consent. Any such change or amendment of the Group Policy may apply to current or future Members or to any separate classes or groups thereof. LI.TAOT.1 DEFINITIONS AD&D Insurance means accidental death and dismemberment insurance, if any, under the Group Policy. Annual Earnings means your annual rate of earnings from your Employer. Your Annual Earnings will be based on your earnings in effect on your last full day of Active Work unless a different date applies (see the Coverage Features). Printed 09/09/2004 - 28 - Specimen A. Partners, P.C. Partners, L.L.C. Owner -Employees, Sole Proprietors and S-Corporation Shareholders If you are a Partner, L.L.C. Owner -Employee, Sole Proprietor or S-Corporation Shareholder, Annual Earnings means your annual compensation from your Employer during the Employer's prior tax year. If you are a P.C. Partner, Annual Earnings means your annual compensation received by your professional corporation from the Policyholder during the Policyholder's prior tax year. Your annual compensation is determined by adding the following amounts as reported on the applicable Schedule K-1, Schedule C, Form W-2 or S-Corporation federal income tax return: 1. Your ordinary income (loss) from trade or business activity(ies). 2. Your guaranteed payments, if you are a Partner. 3. Your net profit from business. 4. Your compensation (as an officer), salary, or wages, if you are an S-Corporation Shareholder. If you were not a Partner, P.C. Partner, L.L.C. Owner -Employee, Sole Proprietor or S-Corporation Shareholder during the entire prior tax year, your Annual Earnings will be 12 times your average monthly compensation for your period as a Partner, P.C. Partner, L.L.C. Owner -Employee, Sole Proprietor or S-Corporation Shareholder. B. All Other Members Annual Earnings includes: 1. Commissions averaged over the Earnings Period shown in the Coverage Features or over the period of your employment if less than the Earnings Period. 2. Shift differential pay. Annual Earnings does not include: 1. Bonuses. 2. Overtime pay. 3. Any other extra compensation. C. All Members Annual Earnings includes: 1. Contributions you make through a salary reduction agreement with your Employer to: a. An Internal Revenue Code (IRC) Section 401(k), 403(b), 408(k), or 457 deferred compensation arrangement; or b. An executive nonqualified deferred compensation arrangement. 2. Amounts contributed to your fringe benefits according to a salary reduction agreement under an IRC Section 125 plan. Annual Earnings does not include your Employer's contributions on your behalf to any deferred compensation arrangement or pension plan. Child means: 1. Your unmarried child from live birth through age 20 (through age 24 if a registered student in full time attendance at an accredited educational institution); or 2. Your unmarried child who meets either of the following requirements: a. The child is insured under the Group Policy and, on and after the date on which insurance would otherwise end because of the Child's age, is continuously Disabled. Printed 09/09/2004 - 29 - Specimen b. The child was insured under the Prior Plan on the day before the effective date of your Employer's coverage under the Group Policy and was Disabled on that day, and is continuously Disabled thereafter. Child includes any of the following, if they otherwise meet the definition of Child: i. Your adopted child; or ii. Your stepchild, if living in your home; Your child is Disabled if your child is: 1. Continuously incapable of self-sustaining employment because of mental retardation or physical handicap; and 2. Chiefly dependent upon you for support and maintenance, or institutionalized because of mental retardation or physical handicap. You must give us proof your Child is Disabled on our forms within 31 days after a) the date on which insurance would otherwise end because of the Child's age or b) the effective date of your Employer's coverage under the Group Policy if your child is Disabled on that date. At reasonable intervals thereafter, we may require further proof, and have your Child examined at our expense. Contributory means you pay all or part of the premium for insurance. Dependents Life Insurance means dependents life insurance, if any, under the Group Policy. Eligibility Waiting Period means the period you must be a Member before you become eligible for insurance. See Coverage Features. Evidence Of Insurability means an applicant must: 1. Complete and sign our medical history statement; 2. Sign our form authorizing us to obtain information about the applicant's health; 3. Undergo a physical examination, if required by us, which may include blood testing; and 4. Provide any additional information about the applicant's insurability that we may reasonably require. Group Policy means the group life insurance policy issued by us to the Policyholder and identified by the Group Policy Number. Injury means an injury to your body. Life Insurance means life insurance under the Group Policy. L.L.C. Owner -Employee means an individual who owns an equity interest in an Employer and is actively employed in the conduct of the Employer's business. Noncontributory means the Policyholder or Employer pays the entire premium for insurance. P.C. Partner means the sole active employee and majority shareholder of a professional corporation in partnership with the Policyholder. Physician means a licensed M.D. or D.O., acting within the scope of the license. Physician does not include you or your spouse, or the brother, sister, parent or child of either you or your spouse. Pregnancy means your pregnancy, childbirth, or related medical conditions, including complications of pregnancy. Prior Plan means your Employer's group life insurance plan in effect on the day before the effective date of your Employer's coverage under the Group Policy and which is replaced by the Group Policy. Sickness means your sickness, illness, or disease. Printed 09/09/2004 - 30 - Specimen Spouse means a person to whom you are legally married. Spouse does not include a person who is a full-time member of the armed forces of any country. Supplemental Life Insurance means supplemental life insurance, if any, under the Group Policy. POLICYHOLDER PROVISIONS A. Premiums (Hl PJW WrrH COAM U.M.OT.l The premium due on each Premium Due Date is the sum of the premiums for all persons then insured. Premium Rates are shown in the Coverage Features. B. Contributions From Members The Policyholder determines the amount, if any, of each Member's contribution toward the cost of insurance under the Group Policy. C. Changes In Premium Rates We may change Premium Rates for Supplemental Life Insurance upon 31 days written notice, but not more often than once in any calendar year. We may change any other Premium Rates when: A change or clarification in law or governmental regulation affects the amount payable under the Group Policy. Any such change in Premium Rates will reflect only the change in our obligations; or 2. Factors material to underwriting the risk we assumed under the Group Policy, including, but not limited to, number of persons insured, age, Annual Earnings, gender and occupational classification, change by 25% or more; or 3. We and the Policyholder mutually agree to change Premium Rates. Except as provided above, Premium Rates will not be changed during the Initial Rate Guarantee Period shown in the Coverage Features. Thereafter, except as provided above, we may change Premium Rates upon advance written notice to the Policyholder. The minimum advance notice is shown in the Coverage Features as Notice of Rate Change. Any such change in Premium Rates may be made effective on any Premium Due Date, but no such change will be made more than once in any contract year. Contract years are successive 12 month periods computed from the end of the Initial Rate Guarantee Period. D. Payment Of Premiums All premiums are due on the Premium Due Dates shown in the Coverage Features. Each premium is payable on or before its Premium Due Date directly to us at our home office. The payment of each premium as it becomes due will maintain the Group Policy in force until the next Premium Due Date. E. Grace Period And Termination For Nonpayment If a premium is not paid on or before its Premium Due Date, it may be paid during the following Grace Period. The length of the Grace Period is shown in the Coverage Features. The Group Policy will remain in force during the Grace Period. If the premium is not paid during the Grace Period, the Group Policy will terminate automatically at the end of the Grace Period. The Policyholder is liable for premium for insurance under the Group Policy during the Grace Period. We may charge interest at the legal rate for any premium which is not paid during the Grace Period, beginning with the first day after the Grace Period. Printed 09/09/2004 - 31 - Specimen F. Termination For Other Reasons The Policyholder may terminate the Group Policy by giving us written notice. The effective date of termination will be the later of: 1. The date stated in the notice; and 2. The date we receive the notice. We may terminate the Group Policy as follows: 1. On any Premium Due Date if the number of persons insured is less than the Minimum Participation Number or less than the Minimum Participation Percentage shown in the Coverage Features. 2. On any Premium Due Date if we determine that the Policyholder has failed to promptly furnish any necessary information requested by us, or has failed to perform any other obligations relating to the Group Policy. The minimum advance notice of such termination by us is the same as the Notice of Rate Change stated in the Coverage Features. G. Premium Adjustments Premium adjustments involving a return of unearned premiums to the Policyholder will be limited to the 12 months just before the date we receive a request for premium adjustment. H. Certificates We will issue certificates to the Policyholder showing the coverage under the Group Policy. The Policyholder will distribute a certificate to each insured Member. If the terms of the Certificate differ from the Group Policy, the terms stated in the Group Policy will govern. I. Records And Reports The Policyholder or Employer will furnish on our forms all information reasonably necessary to administer the Group Policy. We have the right at all reasonable times to inspect the payroll and other records of the Policyholder or Employer which relate to insurance under the Group Policy. J. Agency And Release Individuals selected by the Policyholder or by any Employer to secure coverage under the Group Policy or to perform their administrative function under it, represent and act on behalf of the person selecting them, and do not represent or act on behalf of Standard Insurance Company. The Policyholder, Employer and such individuals have no authority to alter, expand or extend our liability or to waive, modify or compromise any defense or right we may have under the Group Policy. The Policyholder and each Employer hereby release, hold harmless and indemnify Standard Insurance Company from any liability arising from or related to any negligence, error, omission, misrepresentation or dishonesty of any of them or their representatives, agency or employees. K. Notice Of Suit And Indemnification The Policyholder or Employer shall promptly give us written notice of any lawsuit or other legal proceedings arising under the Group Policy. The Policyholder and Employer are liable for their own negligent, intentional or wrongful acts or omissions, and those of any insurance broker/agent or administrator acting for or on behalf of either of them, arising from or connected with the administration of the Group Policy. The Policyholder and Employer will indemnify and hold us harmless from any and all contractual or extra -contractual claims, demands, losses, costs and expenses, including interest, penalties and attorneys fees, which we may incur or suffer as a result of any such negligent intentional or wrongful acts. Printed 09/09/2004 - 32 - Specimen L. Entire Contract, Changes The Group Policy and the application of the Policyholder constitute the entire contract between the parties. A copy of the Policyholder's application is attached to the Group Policy when issued. The Group Policy may be changed in whole or in part. No change in the Group Policy will be valid unless it is approved in writing by one of our executive officers and given to the Policyholder for attachment to the Group Policy. No agent has authority to change the Group Policy or to waive any of its provisions. A Effect On Workers' Compensation, State Disability Insurance The coverage provided under the Group Policy is not a substitute for coverage under a workers' compensation or state disability income benefit law and does not relieve the Employer of any obligation to provide such coverage. N. Nonassessable Policy This Group Policy, like all group insurance policies issued by us, is nonassessable. (NO DM LI.PH.TB.4 ALI99 Printed 09/09/2004 - 33 - Specimen