Health and Welfare Summary Plan Description

4.2 Disabled Retiree Eligibility

  1. General Rule. If you are under age 62 and have become totally and permanently disabled while you are receiving Active Coverage or registered on the Union's "Out of Work" list, you may continue coverage as a Disabled Retiree if:
    1. your Hour Bank balance is insufficient to provide further coverage;
    2. you are no longer eligible for No-Cost Disability or Reduced Cost COBRA coverage under Section 3.6;
    3. you have received Active Coverage for at least 120 of the last 180 months and at least two periods of 12-consecutive months that do not overlap during the 60 months immediately preceding the date of onset of your disability; and
    4. you submit proof of total and permanent disability.
  2. Totally and Permanently Disabled. You are totally and permanently disabled if you are unable to engage in any substantial gainful activity due to a medically determinable physical or mental impairment that has lasted or can be expected to last for a continuous period of at least twelve months, or can be expected to result in death. The impairment must be so severe as to prevent you not only from engaging in your usual work but, considering your age, education, previous training and work experience, also from engaging in any substantial gainful work which exists in significant numbers in the region in which you live. You must be under the care of a Physician and have been awarded a permanent Social Security disability benefit under Title II of the Social Security Act. Proof that you continue to qualify for Social Security disability benefits and that a Physician considers you to continue to be totally and permanently disabled will be required from time to time by the Plan. A Social Security disability award will constitute a presumption that you are permanently and totally disabled; provided, however, that the presumption may be rebutted by other pertinent facts. If you fail to furnish proof, or if you refuse to be examined by a Physician (designated and paid for by the Plan), the presumption of disability will no longer apply, and you will be considered no longer totally and permanently disabled for purposes of this section.

  3. Effective Date of Coverage. A Disabled Retiree becomes eligible for Retiree coverage under the rules described in Section 4.1 (relating to Regular Retirees), except that up to 12 months (or such lesser period that would be covered by the benefit option in which the Disabled Retiree is enrolled) of retroactive coverage may be credited to a Disabled Retiree who (i) submits his or her application within 60 days from the date of receipt of a Social Security disability award notice and (ii) makes retroactive monthly payments for such coverage to the date of disability up to twelve (12) months (or such lesser period that would be covered by the benefit option in which the Disabled Retiree is enrolled). Disabled Retiree coverage ends on the last day of the month in which the Disabled Retiree attains age 65 or ceases to be totally and permanently disabled.