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RCWRCW
CONSTRUCTION & CONSULTING, LLCCONSTRUCTION & CONSULTING, LLC
HRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTIONHRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTION
Health Reimbursement Arrangement Plan (HRA)
This Plan is established by the above named employer.
The effective date of this Plan is July 1, 2007.
The Employer intends that this Health Reimbursement Arrangement (HRA) Plan qualify as an accident
and health plan under Section 105(e) of the Code, and that the nontaxable benefits provided under the
HRA Plan be eligible for exclusion from Participants' income under Section 105(b) of the Code.
This RCW HRA Plan is not a part of a Cafeteria Plan. The salary reduction, if any, withheld from your
salary (wages) under a Cafeteria Plan is not used to fund this HRA Plan. If your Spouse’s employer
provides Cafeteria Plan credits, those credits cannot be used to increase your HRA Plan reimbursements.
This is not a "Salary (or wage) Reduction" plan. You are not paying for the cost of your benefits by electing
to have your compensation reduced. The RCW HRA is paying 100% of the benefits out of its general
assets. The Employer will designate a maximum benefit that will be provided from the Employer’s general
assets for each enrolled Participant on a monthly basis beginning the first day of any Plan Year or the first
day of the month in which an Employee first enrolls in a Group or Individual Health Plan. There is no
segregated fund or trust established for this HRA Plan.
This Summary Plan Description is a brief description of the Plan and your rights, benefits and obligations
under the Plan. This Plan Description is also the Plan Document in the case of ERISA. If you have
difficulty understanding any part of this document, contact your administrator.
Plan Purpose
RCW HRA is a “limited purpose” plan and is a Group Plan benefit that allows you to obtain
reimbursement of premiums paid for Health Insurance including: Medical, Dental, Vision, and Life.
Eligibility
Participation in this Plan does require you to be enrolled and participating in an individual health
insurance plan. Retired employees are not eligible for this Plan. Former employees are not eligible for
this Plan. In order to be eligible to participate in this Plan, an individual must satisfy the following
requirements:
A. Be currently employed by the Employer in Full-Time Employment for 35 or more
hours per week or in Part-Time Employment for 30, but less than 35, hours per week.
B. Have been employed in Full- or Part-Time Employment by the Employer for the
previous 90 days (this period may be extended at the discretion of the Employer
based upon job performance).
Enrollment
After you become eligible, you may enroll in the Plan, subject to proof of your enrollment or membership
in the aforementioned Health Insurance Plan. You may request coverage for any dependents, provided
such dependents meet the eligibility requirements, and are or will be concurrently enrolled as your
dependent(s) in the aforementioned health plan. Your decision must be made during the enrollment
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CONSTRUCTION & CONSULTING, LLCCONSTRUCTION & CONSULTING, LLC
HRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTIONHRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTION
period provided by the Plan Administrator. If you are a newly hired employee, you must make your
decision during any period immediately preceding your becoming eligible. If you are already a Plan
Participant and you fail to complete an election form for the upcoming Plan year, then you will maintain
enrollment in the HRA based on your current Health Plan coverage, until changed by an approved Change
of Status election. Plan year enrollment shall be from June 1-June 30, 2008.
Change of Status
Only under special circumstances, such as a change in family status, changes in the election of a type of
coverage under your health plan, and certain other events, may you apply to change your selected
benefits. A changed election under this Plan must be consistent with the changes, to the extent it is
necessary or appropriate as a result of the necessity of a change in the election of benefits under the
Employer’s Group Health Plan or of the result of a change in accident and health coverage of the Spouse
or Dependent. If you should terminate your employment and stop your elections under this Plan, you
may, if rehired, begin to participate in the Plan again after re-satisfying the eligibility requirements.
Schedule Of Benefits
These funds are known as Benefit Credits. The amount of which are to be credited at a time or times as
determined by the Employer. The amount of the Benefit Credits is specified in the Schedule A of this
document, with which you are permitted to use towards the reimbursement of health insurance
premiums.
Health Reimbursement Arrangement (HRA) Account: (The account”)
How Health Reimbursement Arrangement Account Works.
The Plan Administrator will set up a Health Reimbursement Arrangement account for you from which
you may be reimbursed some of the insurance premium expenses incurred by you and your Spouse and
Dependents during the Plan Year up to a maximum benefit amount as defined in the RCW Health
Reimbursement Arrangement Account Summary Plan Description Schedule A. The rules for turning in
claims will be stated as part of the Request for Reimbursement Form supplied by the Plan Administrator.
The Employer will maintain this “account” on a memorandum nature for accounting purposes, and will
not be representative of any identifiable Trust assets. Benefit Credits withdrawn as requested by the
Participant will be debited to the then existing account balance.
To receive reimbursement, you must complete a claim form and submit it along with your Insurance
Premium Bill. All claims received by the Administrator will be processed for reimbursement within 30
days. Upon submission of a claim you will be reimbursed the full amount of your eligible expenses up to
the limit of available Benefit Credits in your Health Reimbursement account. Your claim reimbursement
requests will be processed on a minimum of a monthly basis.
You will receive statements periodically to remind you how much is left in your account. You may
continue to submit claims up to 90 days after the Plan Year end for the prior year’s premiums. Employees
who terminate employment and participation in this Plan during the Plan Year will be given until 90 days
after the Plan year end in which to submit request for reimbursement for expenses incurred before their
termination date.
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CONSTRUCTION & CONSULTING, LLCCONSTRUCTION & CONSULTING, LLC
HRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTIONHRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTION
Claims Process
You should submit reimbursement claims during the Plan Year, but in no event later than 90 days after
the end of a Plan Year. Any claims submitted after that time will not be considered. In the case of a claim
for premium reimbursement under the Health Reimbursement Arrangement Plan, the following
timetable for claims applies:
• Notification of whether claim is accepted or denied 30 days
• Extension due to matters beyond the control of the Plan 15 days
• Insufficient information on the Claim:
• Notification of 15 days
• Response by Participant 45 days
• Review of claim denial 60 days
The Plan Administrator will provide written or electronic notification of any claim denial. The notice will
state:
1. The specific reason or reasons for the denial.
2. Reference to the specific Plan provisions on which the denial was based.
3. A description of any additional material or information necessary for the claimant to perfect the
claim and an explanation of why such material or information is necessary.
4. A description of the Plan's review procedures and the time limits applicable to such procedures.
This will include a statement of your right to bring a civil action under section 502 of ERISA
following a denial on review.
5. 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 Claim.
6. If the denial was based on an internal rule, guideline, protocol, or other similar criterion, the
specific rule, guideline, protocol, or criterion will be provided free of charge. If this is not
practical, a statement will be included that such a rule, guideline, protocol, or criterion was relied
upon in making the denial and a copy will be provided free of charge to the claimant upon
request.
When you receive a denial, you will have 180 days following receipt of the notification in which to appeal
the decision. You may submit written comments, documents, records, and other information relating to
the Claim. If you request, you will be provided, free of charge, reasonable access to, and copies of, all
documents, records, and other information relevant to the Claim. The period of time within which a
denial on review is required to be made will begin at the time an appeal is filed in accordance with the
procedures of the Plan. This timing is without regard to whether all the necessary information
accompanies the filing. A document, record, or other information shall be considered relevant to a Claim
if it:
1. was relied upon in making the claim determination;
2. was submitted, considered, or generated in the course of making the claim determination,
without regard to whether it was relied upon in making the claim determination;
3. demonstrated compliance with the administrative processes and safeguards designed to ensure
and to verify that claim determinations are made in accordance with Plan documents and Plan
provisions have been applied consistently with respect to all claimants; or
4. constituted a statement of policy or guidance with respect to the Plan concerning the denied
claim.
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HRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTIONHRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTION
The review will take into account all comments, documents, records, and other information submitted by
the claimant relating to the Claim, without regard to whether such information was submitted or
considered in the initial claim determination. The review will not afford deference to the initial denial and
will be conducted by a fiduciary of the Plan who is neither the individual who made the adverse
determination nor a subordinate of that individual.
No Carryover of Benefits
There is no carry over of any unused benefit from one Plan Year to another. If there is a balance
remaining in your annual allocation at the end of the Plan Year, the balance is forfeited to the Employer.
No cash outs are allowed.
Forfeitures
If your participation in the HRA Plan ends, perhaps because you terminate employment, your period of
coverage ends on the day of the terminating event, such as the day you terminate employment. Any
expenses incurred after that date are ineligible for reimbursement. If you have not incurred Qualified
Expenses equal to the amounts allocated on your behalf under this HRA Plan before that date, you forfeit
the unused amount.
You must submit all claims for reimbursement before the end of a 90 day period that begins on the day of
your termination from the plan. Claims submitted after that 90 day period will not be considered for
reimbursement.
All forfeited amounts become the property of the Employer. The Employer can use forfeited amounts for
the payment of administrative expenses under this HRA Plan, or to assign to future allocations that are
not dependent on a Participants prior reimbursement experience.
Continuation of Coverage after Termination
For Health Reimbursement Arrangement Plan coverage on termination of employment, please see the
Article entitled "CONTINUATION COVERAGE RIGHTS UNDER COBRA." This applies to companies
with 20 or more employees.
Participation Following Termination of Employment or Loss of Eligibility
If you terminate employment for any reason or ceases to be an Eligible Employee for any other reason and
then are rehired or become an Eligible Employee within the same Plan Year, you will able to participate as
a new hire.
Order Of Benefits Regarding The Medical Reimbursement Plan (FSA)
If you elect to participate in the Medical Reimbursement Plan offered by the Employer and also
participate in this HRA Plan, your claims will be submitted and reimbursed under this HRA Plan first,
and will only be reimbursed from the Medical Reimbursement Plan when the expense, or part of the
expense submitted cannot be reimbursed under this HRA Plan.
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CONSTRUCTION & CONSULTING, LLCCONSTRUCTION & CONSULTING, LLC
HRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTIONHRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTION
Qualified Medical Support Orders (QMSO)
Generally your Plan benefits may not be assigned or alienated. However, an exception applies in the case
of “qualified medical child support order.” Basically, a qualified medical child support order is a court-
ordered judgment, decree, order or property settlement agreement in connection with state domestic
relations law which either (1) creates or extends the rights of an “alternate recipient” to participate in a
group health plan, including this Plan, or (2) enforces certain laws relating to medical child support. An
“alternate recipient” is any child or a Participant who is recognized by a medical child support order as
having a right to enrollment under the Participant’s health plan.
A medical child support order must satisfy certain specific conditions to be qualified. You will be notified
by the Plan Administrator if it received a medical child support order that applies to you and whether the
medical child support order is qualified.
Uniformed Service Under USERRA
Continued Participation in the Plan is permitted under certain conditions when you are serving in the
United States military after having been a Participant in this Plan. See your Plan Administrator for the
provisions of this continuation. The current rules are outlined in the (HRA) Plan Document available from
the Plan Administrator.
Participation While on FMLA Leave
A Participant who takes an unpaid leave of absence under the Family and Medical Leave Act of 1993
(“FMLA Leave”) may continue participation in this Plan during the continuation of the current Plan Year
and as long as they are paying for premiums in a Health Insurance Plan. If such participant returns to
active employment, the participant will be reinstated, in the same manner as existed before the FMLA
Leave commenced. The Employer will provide such Benefit Credits that would normally be provided to
such Participant during the remainder of the current Plan Year. The manner in which such Benefit Credits
are applied to the Participant’s account shall be determined by the Employer or Plan Administrator in its
sole discretion.
Future Of The Health Reimbursement Arrangement
The Plan is based on the Employer’s understanding of the current provisions of the Internal Revenue
Code, and relevant Department of the Treasury rulings. The Employer reserves the right to amend or
discontinue the Plan if regulations or changes in the tax law make it advisable to do so. If the Plan is
amended or terminated, it will not affect any benefit to which you are entitled before the date of the
amendment or termination.
Plan Administration, Continuance and Amendment or Termination
Where applicable, the Plan Administrator or its designee shall have full discretionary authority and power
to administer and construe the Plan, subject to applicable requirements of law. Without limiting the
generality of the foregoing, the Plan Administrator shall have the following discretionary powers and
duties: (i) to make and enforce such rules and regulations as it deems necessary or proper for the efficient
administration of the Plan; (ii) to interpret the Plan, its interpretation thereof to be final and conclusive
on all persons claiming benefits under the Plan; (iii) to decide all questions concerning the Plan, including
questions of fact respecting Plan benefits, the eligibility of any person to participate in the Plan and the
status and rights of any Participant under the Plan; and (iv) to appoint such agents, counsel, accountants,
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CONSTRUCTION & CONSULTING, LLCCONSTRUCTION & CONSULTING, LLC
HRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTIONHRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTION
consultants and other persons as may be required to assist in administering the Plan.
The Company reserves the right at its discretion to end or amend the Plan, or any provision, benefit
coverage or contribution under any plan, at any time, for any reason. Any amendment, suspension or
termination of these plans or programs would normally be effected by the Company.
If the Plan is modified, any claims incurred prior to the date of modification will be paid in accordance
with the Plan in effect at that time. Any expense incurred after the amendment date will be paid in
accordance with the new Plan provision.
Other Administrative Information
Plan Sponsor/Employer: RCW Construction & Consulting, LLC
4374 Juniper Terrace
Boynton Beach, FL 33436
EIN: 59-3840760
561-374-9990
Participating Employers: 2
Plan Year: July 1 through June 30
Plan Number: 502
Plan Administrator: Same as Employer
Claims Administrator: Same as Employer
Third Party Administrator: N/A
Agent for Service of Legal Process: Plan Administrator
Classification and Funding
The Employer intends that the Plan qualify as an employer-provided medical reimbursement plan under
Code sections 105 and 106 and regulations issued hereunder, and as a health reimbursement arrangement
as defined under IRS Notice 2002-45.
Third Party Administrator.
The Plan may from time to time employ the services of an Third Party Administrator (TPA) for designated
Plan administration, or other qualified professionals for Plan services, under the direction of the Plan
Administrator.
Not a Contract of Employment
No provision of the Plan is to be considered a contract of employment between you and the Employer.
The Employer’s rights with regard to disciplinary action and termination of any Employee, if necessary,
are in no manner changed by any provision of the Plan.
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CONSTRUCTION & CONSULTING, LLCCONSTRUCTION & CONSULTING, LLC
HRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTIONHRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTION
STATEMENT OF ERISA RIGHTS
A participant in the Plan is entitled to certain rights and protections under the Employee Retirement
Income Security Act of 1974, as amended ("ERISA"). ERISA provides that all Plan participants shall be
entitled to:
• Examine, without charge, at the Plan Administrator's office, all plan documents, and copies of all
documents governing the Plan and a copy of the latest annual report (Form 5500 Series) filed by
the Plan with the U.S. Department of Labor.
• Obtain copies of plan documents governing the operation of the Plan and other Plan information
upon written request to the Plan Administrator. The Plan Administrator may make a reasonable
charge for the copies.
• Continue health care coverage if there is a loss of coverage under the Plan as a result of a qualifying
event. Review this summary plan description and the documents governing the Plan on the rules
governing your COBRA continuation coverage rights.
In addition to creating rights for Plan participants, ERISA imposes duties upon the people who are
responsible for the operation of the employee benefit plan. The people who operate the plan, called
"fiduciaries" of the Plan, have a duty to do so prudently and in the interest of plan participants and
beneficiaries. No one, including the employer or any other person, may fire you or otherwise discriminate
against you in any way to prevent you from obtaining a welfare benefit or exercising rights under ERISA.
If a claim for a welfare benefit is denied in whole or in part, you have a right to know why this was done, to
obtain copies of documents relating to the decision without charge, and to appeal any denial, all within
certain time schedules.
Under ERISA, there are steps you can take to enforce the above rights. For instance, if you request
materials from the Plan and do not receive them within 30 days, you may file suit in a federal court. In
such a case, the court may require the Plan Administrator to provide the materials and pay the employee
up to $110 a day until you receive the materials, unless the materials were not sent because of reasons
beyond the control of the Plan Administrator. 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. In addition, if you disagree with the Plan’s
decision or lack thereof concerning the qualified status of a domestic relations order or a medical child
support order, you may file suit in federal court. If it should happen that Plan fiduciaries misuse the
Plan’s money, or if you are discriminated against for asserting your statutory 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
sued to pay these costs and fees. If you lose, the court may order you to pay these costs and fees, for
example, if it finds the claim is 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, or if you need assistance obtaining Plan
documents from the Plan Administrator, you should contact the nearest office of the Employee Benefits
Security Administration, U.S. Department of Labor, listed in your telephone directory or the Division of
Technical Assistance and Inquiries, Employee Benefits Security Administration, U.S. Department of
Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210. You may also obtain certain
publications about your rights and responsibilities under ERISA by calling the publications hotline of the
Employee Benefits Security Administration.
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CONSTRUCTION & CONSULTING, LLCCONSTRUCTION & CONSULTING, LLC
HRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTIONHRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTION
Legal Control
The right is reserved in the Plan for the Plan Sponsor to terminate, suspend, withdraw, amend or modify
the Plan in whole or in part at any time, subject to the applicable provisions of the Plan.
This is a Summary Plan Description only. (See statement of ERISA rights.) If there is a discrepancy
between the description of the Plan as contained in this material, and the official Plan Document, the
language of the Health Reimbursement Arrangement Document will apply.
CONTINUATION COVERAGE RIGHTS UNDER COBRA
Under federal law, the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), certain
employees and their families covered under health benefits under this Plan will be entitled to the
opportunity to elect a temporary extension of health coverage (called "COBRA continuation coverage")
where coverage under the Plan would otherwise end. This notice is intended to inform Plan Participants
and beneficiaries, in summary fashion, of their rights and obligations under the continuation coverage
provisions of COBRA, as amended and reflected in final and proposed regulations published by the
Department of the Treasury. This notice is intended to reflect the law and does not grant or take away any
rights under the law.
The Plan Administrator or its designee is responsible for administering COBRA continuation coverage.
Complete instructions on COBRA, as well as election forms and other information, will be provided by the
Plan Administrator or its designee to Plan Participants who become Qualified Beneficiaries under
COBRA. While the Plan itself is not a group health plan, it does provide health benefits. Whenever "Plan"
is used in this section, it means any of the health benefits under this Plan including the Health Care
Reimbursement Plan.
1. What is COBRA Continuation Coverage? (applies to companies with over 20 employees)
COBRA continuation coverage is the temporary extension of group health plan coverage that must be
offered to certain Plan Participants and their eligible family members (called "Qualified Beneficiaries") at
group rates. The right to COBRA continuation coverage is triggered by the occurrence of a life event that
results in the loss of coverage under the terms of the Plan (the "Qualifying Event"). The coverage must be
identical to the coverage that the Qualified Beneficiary had immediately before the Qualifying Event, or if
the coverage has been changed, the coverage must be identical to the coverage provided to similarly
situated active employees who have not experienced a Qualifying Event (in other words, similarly situated
non-COBRA beneficiaries).
2. Who Can Become a Qualified Beneficiary?
In general, a Qualified Beneficiary can be:
(a) Any individual who, on the day before a Qualifying Event, is covered under a Plan by virtue of being on
that day either a covered Employee, the Spouse of a covered Employee, or a Dependent child of a covered
Employee. If, however, an individual is denied or not offered coverage under the Plan under
circumstances in which the denial or failure to offer constitutes a violation of applicable law, then the
individual will be considered to have had the coverage and will be considered a Qualified Beneficiary if
that individual experiences a Qualifying Event.
(b) Any child who is born to or placed for adoption with a covered Employee during a period of COBRA
continuation coverage, and any individual who is covered by the Plan as an alternate recipient under a
qualified medical support order. If, however, an individual is denied or not offered coverage under the
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CONSTRUCTION & CONSULTING, LLCCONSTRUCTION & CONSULTING, LLC
HRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTIONHRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTION
Plan under circumstances in which the denial or failure to offer constitutes a violation of applicable law,
then the individual will be considered to have had the coverage and will be considered a Qualified
Beneficiary if that individual experiences a Qualifying Event.
The term "covered Employee" includes any individual who is provided coverage under the Plan due to his
or her performance of services for the employer sponsoring the Plan.
An individual is not a Qualified Beneficiary if the individual's status as a covered Employee is attributable
to a period in which the individual was a nonresident alien who received from the individual's Employer
no earned income that constituted income from sources within the United States. If, on account of the
preceding , an individual is not a Qualified Beneficiary, then a Spouse or Dependent child of the individual
will also not be considered a Qualified Beneficiary by virtue of the relationship to the individual.
Each Qualified Beneficiary (including a child who is born to or placed for adoption with a covered
Employee during a period of COBRA continuation coverage) must be offered the opportunity to make an
independent election to receive COBRA continuation coverage.
3. What is a Qualifying Event?
A Qualifying Event is any of the following if the Plan provided that the Plan participant would lose
coverage (i.e., cease to be covered under the same terms and conditions as in effect immediately before
the Qualifying Event) in the absence of COBRA continuation coverage:
(a) The death of a covered Employee.
(b) The termination (other than by reason of the Employee's gross misconduct), or reduction of hours, of
a covered Employee's employment.
(c) The divorce or legal separation of a covered Employee from the Employee's Spouse.
(d) A covered Employee's enrollment in any part of the Medicare program.
(e) A Dependent child's ceasing to satisfy the Plan's requirements for a Dependent child (for example,
attainment of the maximum age for dependency under the Plan). If the Qualifying Event causes the
covered Employee, or the covered Spouse or a Dependent child of the covered Employee, to cease to be
covered under the Plan under the same terms and conditions as in effect immediately before the
Qualifying Event (or in the case of the bankruptcy of the Employer, any substantial elimination of
coverage under the Plan occurring within 12 months before or after the date the bankruptcy proceeding
commences), the persons losing such coverage become Qualified Beneficiaries under COBRA if all the
other conditions of the COBRA are also met. For example, any increase in contribution that must be paid
by a covered Employee, or the Spouse, or a Dependent child of the covered Employee, for coverage under
the Plan that results from the occurrence of one of the events listed above is a loss of coverage.
The taking of leave under the Family and Medical Leave Act of 1993 ("FMLA") does not constitute a
Qualifying Event. A Qualifying Event will occur, however, if an Employee does not return to employment
at the end of the FMLA leave and all other COBRA continuation coverage conditions are present. If a
Qualifying Event occurs, it occurs on the last day of FMLA leave and the applicable maximum coverage
period is measured from this date (unless coverage is lost at a later date and the Plan provides for the
extension of the required periods, in which case the maximum coverage date is measured from the date
when the coverage is lost.) Note that the covered Employee and family members will be entitled to
COBRA continuation coverage even if they failed to pay the employee portion of premiums for coverage
under the Plan during the FMLA leave.
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HRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTIONHRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTION
4. What is the Procedure for Obtaining COBRA Continuation Coverage?
The Plan has conditioned the availability of COBRA continuation coverage upon the timely election of
such coverage. An election is timely if it is made during the election period.
In the case of an individual who is not a Qualified Beneficiary and who is receiving coverage under the
Plan solely because of the individual's relationship to a Qualified Beneficiary, if the Plan's obligation to
make COBRA continuation coverage available to the Qualified Beneficiary ceases, the Plan is not obligated
to make coverage available to the individual who is not a Qualified Beneficiary.
If Timely Payment is made to the Plan in an amount that is not significantly less than the amount the Plan
requires to be paid for a period of coverage, then the amount paid will be deemed to satisfy the Plan's
requirement for the amount to be paid, unless the Plan notifies the Qualified Beneficiary of the amount of
the deficiency and grants a reasonable period of time for payment of the deficiency to be made. A
"reasonable period of time" is 30 days after the notice is provided. A shortfall in a Timely Payment is not
significant if it is no greater than the lesser of $50 or 10% of the required amount.
5. What is the Election Period and How Long Must It Last?
The election period is the time period within which the Qualified Beneficiary can elect COBRA
continuation coverage under the Plan. The election period must begin not later than the date the Qualified
Beneficiary would lose coverage on account of the Qualifying Event and must not end before the date that
is 60 days after the later of the date the Qualified Beneficiary would lose coverage on account of the
Qualifying Event or the date notice is provided to the Qualified Beneficiary of her or his right to elect
COBRA continuation coverage.
Note: If a covered employee who has been terminated or experienced a reduction of hours qualifies for a
trade readjustment allowance or alternative trade adjustment assistance under a federal law called the
Trade Act of 2002, and the employee and his or her covered dependents have not elected COBRA
coverage within the normal election period, a second opportunity to elect COBRA coverage will be made
available for themselves and certain family members, but only within a limited period of 60 days or less
and only during the six months immediately after their group health plan coverage ended. Any person
who qualifies or thinks that he or she and/or his or her family members may qualify for assistance under
this special provision should contact the Plan Administrator or its designee for further information.
6. Is a Covered Employee or Qualified Beneficiary Responsible for Informing the Plan
Administrator of the Occurrence of a Qualifying Event?
The Plan will offer COBRA continuation coverage to qualified beneficiaries only after the Plan
Administrator or its designee has been timely notified that a Qualifying Event has occurred. The employer
(if the employer is not the Plan Administrator) will notify the Plan Administrator or its designee of the
Qualifying Event within 30 days following the date coverage ends when the Qualifying Event is:
(a) the end of employment or reduction of hours of employment,
(b) death of the employee,
(c) commencement of a proceeding in bankruptcy with respect to the employer, or
(d) enrollment of the employee in any part of Medicare,
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HRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTIONHRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTION
IMPORTANT:
For the other Qualifying Events (divorce or legal separation of the employee and spouse or a
dependent child's losing eligibility for coverage as a dependent child), you or someone on your behalf
must notify the Plan Administrator or its designee in writing within 60 days after the Qualifying Event
occurs, using the procedures specified below. If these procedures are not followed or if the notice is not
provided in writing to the Plan Administrator or its designee during the 60-day notice period, any spouse
or dependent child who loses coverage will not be offered the option to elect continuation coverage. You
must send this notice to the Plan Administrator.
NOTICE PROCEDURES:
Any notice that you provide must be in writing. Oral notice, including notice by telephone, is not
acceptable. You must mail, fax or hand-deliver your notice to the person, department or firm listed below,
at the following address:
RCW Construction & Consulting, LLC
4374 Juniper Terrace; Boynton Beach, Florida 33436
If mailed, your notice must be postmarked no later than the last day of the required notice period. Any
notice you provide must state:
• the name of the plan or plans under which you lost or are losing coverage,
• the name and address of the employee covered under the plan,
• the name(s) and address(es) of the Qualified Beneficiary(ies), and
• the Qualifying Event and the date it happened.
If the Qualifying Event is a divorce or legal separation, your notice must include a copy of the divorce
decree or the legal separation agreement.
Be aware that there are other notice requirements in other contexts, for example, in order to qualify for a
disability extension.
Once the Plan Administrator or its designee receives timely notice that a Qualifying Event has occurred,
COBRA continuation coverage will be offered to each of the qualified beneficiaries. Each Qualified
Beneficiary will have an independent right to elect COBRA continuation coverage. Covered employees
may elect COBRA continuation coverage for their spouses, and parents may elect COBRA continuation
coverage on behalf of their children. For each Qualified Beneficiary who elects COBRA continuation
coverage, COBRA continuation coverage will begin on the date that plan coverage would otherwise have
been lost. If you or your spouse or dependent children do not elect continuation coverage within the 60-
day election period described above, the right to elect continuation coverage will be lost.
7. Is a Waiver Before the End of the Election Period Effective to End a Qualified
Beneficiary's Election Rights?
If, during the election period, a Qualified Beneficiary waives COBRA continuation coverage, the waiver
can be revoked at any time before the end of the election period. Revocation of the waiver is an election of
COBRA continuation coverage. However, if a waiver is later revoked, coverage need not be provided
retroactively (that is, from the date of the loss of coverage until the waiver is revoked). Waivers and
revocations of waivers are considered made on the date they are sent to the Plan Administrator or its
designee, as applicable.
RCWRCW
CONSTRUCTION & CONSULTING, LLCCONSTRUCTION & CONSULTING, LLC
HRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTIONHRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTION
8. When May a Qualified Beneficiary's COBRA Continuation Coverage be Terminated?
During the election period, a Qualified Beneficiary may waive COBRA continuation coverage. Except for
an interruption of coverage in connection with a waiver, COBRA continuation coverage that has been
elected for a Qualified Beneficiary must extend for at least the period beginning on the date of the
Qualifying Event and ending not before the earliest of the following dates:
(a) The last day of the applicable maximum coverage period.
(b) The first day for which Timely Payment is not made to the Plan with respect to the Qualified
Beneficiary.
(c) The date upon which the Employer ceases to provide any group health plan (including a successor
plan) to any employee.
(d) The date, after the date of the election, that the Qualified Beneficiary first becomes covered under any
other Plan that does not contain any exclusion or limitation with respect to any pre-existing condition,
other than such an exclusion or limitation that does not apply to, or is satisfied by, the Qualified
Beneficiary.
(e) The date, after the date of the election,that the Qualified Beneficiary first enrolls in the Medicare
program (either part A or part B, whichever occurs earlier).
(f) In the case of a Qualified Beneficiary entitled to a disability extension, the later of:
(1) (i) 29 months after the date of the Qualifying Event, or (ii) the first day of the month that
is more than 30 days after the date of a final determination under Title II or XVI of the Social
Security Act that the disabled Qualified Beneficiary whose disability resulted in the Qualified
Beneficiary's entitlement to the disability extension is no longer disabled, whichever is earlier; or
(2) the end of the maximum coverage period that applies to the Qualified Beneficiary without
regard to the disability extension.
The Plan can terminate for cause the coverage of a Qualified Beneficiary on the same basis that the Plan
terminates for cause the coverage of similarly situated non-COBRA beneficiaries, for example, for the
submission of a fraudulent claim.
In the case of an individual who is not a Qualified Beneficiary and who is receiving coverage under the
Plan solely because of the individual's relationship to a Qualified Beneficiary, if the Plan's obligation to
make COBRA continuation coverage available to the Qualified Beneficiary ceases, the Plan is not obligated
to make coverage available to the individual who is not a Qualified Beneficiary.
9. What Are the Maximum Coverage Periods for COBRA Continuation Coverage?
The maximum coverage periods are based on the type of the Qualifying Event and the status of the
Qualified Beneficiary, as shown below.
(a) In the case of a Qualifying Event that is a termination of employment or reduction of hours of
employment, the maximum coverage period ends 18 months after the Qualifying Event if there is not a
disability extension and 29 months after the Qualifying Event if there is a disability extension.
RCWRCW
CONSTRUCTION & CONSULTING, LLCCONSTRUCTION & CONSULTING, LLC
HRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTIONHRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTION
(b) In the case of a covered Employee's enrollment in the Medicare program before experiencing a
Qualifying Event that is a termination of employment or reduction of hours of employment, the maximum
coverage period for Qualified Beneficiaries other than the covered Employee ends on the later of:
(1) 36 months after the date the covered Employee becomes enrolled in the Medicare program; or
(2) 18 months (or 29 months, if there is a disability extension) after the date of the covered Employee's
termination of employment or reduction of hours of employment.
(c) In the case of a Qualified Beneficiary who is a child born to or placed for adoption with a covered
Employee during a period of COBRA continuation coverage, the maximum coverage period is the
maximum coverage period applicable to the Qualifying Event giving rise to the period of COBRA
continuation coverage during which the child was born or placed for adoption.
(d) In the case of any other Qualifying Event than that described above, the maximum coverage period
ends 36 months after the Qualifying Event.
10. Under What Circumstances Can the Maximum Coverage Period Be Expanded?
If a Qualifying Event that gives rise to an 18-month or 29-month maximum coverage period is followed,
within that 18- or 29-month period, by a second Qualifying Event that gives rise to a 36-months
maximum coverage period, the original period is expanded to 36 months, but only for individuals who are
Qualified Beneficiaries at the time of both Qualifying Events. In no circumstance can the COBRA
maximum coverage period be expanded to more than 36 months after the date of the first Qualifying
Event. The Plan Administrator must be notified of the second qualifying event within 60 days of the
second qualifying event. This notice must be sent to the Plan Administrator or its designee.
11. How Does a Qualified Beneficiary Become Entitled to a Disability Extension?
A disability extension will be granted if an individual (whether or not the covered Employee) who is a
Qualified Beneficiary in connection with the Qualifying Event that is a termination or reduction of hours
of a covered Employee's employment, is determined under Title II or XVI of the Social Security Act to
have been disabled at any time during the first 6 days of COBRA continuation coverage. To qualify for the
disability extension, the Qualified Beneficiary must also provide the Plan Administrator with notice of the
disability determination on a date that is both within 60 days after the date of the determination and
before the end of the original 18-month maximum coverage. This notice must be sent to the Plan
Administrator or its designee.
12. Does the Plan Require Payment for COBRA Continuation Coverage?
For any period of COBRA continuation coverage under the Plan, qualified beneficiaries who elect COBRA
continuation coverage may be required to pay up to 102% of the applicable premium and up to 150% of
the applicable premium for any expanded period of COBRA continuation coverage covering a disabled
Qualified Beneficiary due to a disability extension. Your Plan Administrator will inform you of the cost.
The Plan will terminate a Qualified Beneficiary's COBRA continuation coverage as of the first day of any
period for which timely payment is not made.
13. Must the Plan Allow Payment for COBRA Continuation Coverage to be made in Monthly
Installments?
Yes. The Plan is also permitted to allow for payment at other intervals.
RCWRCW
CONSTRUCTION & CONSULTING, LLCCONSTRUCTION & CONSULTING, LLC
HRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTIONHRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTION
14. What is Timely Payment for payment for COBRA Continuation Coverage?
Timely Payment means a payment made no later than 30 days after the first day of the coverage period.
Payment that is made to the Plan by a later date is also considered Timely Payment if either under the
terms of the Plan, covered employees or Qualified Beneficiaries are allowed until that later date to pay for
their coverage for the period or under the terms of an arrangement between the Employer and the entity
that provides Plan benefits on the Employer's behalf, the Employer is allowed until that later date to pay
for coverage of similarly situated non-COBRA beneficiaries for the period.
Notwithstanding the above paragraph, the Plan does not require payment for any period of COBRA
continuation coverage for a Qualified Beneficiary earlier than 45 days after the date on which the election
of COBRA continuation coverage is made for that Qualified Beneficiary. Payment is considered made on
the date on which it is postmarked to the Plan.
If Timely Payment is made to the Plan in an amount that is not significantly less than the amount the Plan
requires to be paid for a period of coverage, then the amount paid will be deemed to satisfy the Plan's
requirement for the amount to be paid, unless the Plan notifies the Qualified Beneficiary of the amount of
the deficiency and grants a reasonable period of time for payment of the deficiency to be made. A
"reasonable period of time" is 30 days after the notice is provided. A shortfall in a Timely Payment is not
significant if it is no greater than the lesser of $50 or 10% of the required amount.
IF YOU HAVE QUESTIONS
If you have questions about your COBRA continuation coverage, you should contact the Plan
Administrator or its designee or you may contact the nearest Regional or District Office of the U.S.
Department of Labor's Employee Benefits Security Administration (EBSA). Addresses and phone
numbers of Regional and District EBSA Offices are available through
EBSA's website at www.dol.gov/ebsa.
KEEP YOUR PLAN ADMINISTRATOR INFORMED OF ADDRESS CHANGES
In order to protect your family's rights, you should keep the Plan Administrator informed of any changes
in the addresses of family members. You should also keep a copy, for your records, of any notices you send
to the Plan Administrator or its designee.
If you have any questions, please contact the Administrator.
RCWRCW
CONSTRUCTION & CONSULTING, LLCCONSTRUCTION & CONSULTING, LLC
HRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTIONHRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTION
Health Reimbursement Arrangement (HRA)
Summary Plan Description – Effective July 1, 2007
Schedule A
Schedule Of Benefits
This Plan will reimburse Health Insurance Premium expenses incurred during the Period of Coverage up
to $300.00 per month regardless of whether the insurance plan(s) covers the employee only or the
employee’s family.
RCWRCW CLAIM FOR REIMBURSEMENT
CONSTRUCTION & CONSULTING, LLCCONSTRUCTION & CONSULTING, LLC
4374 JUNIPER TERRACE, BOYNTON BEACH, FL 334364374 JUNIPER TERRACE, BOYNTON BEACH, FL 33436 Instructions on reverse side
Tel: 561-374-9990Tel: 561-374-9990 ∗∗ Fax: 561-375-9821Fax: 561-375-9821 CHECK IF ADDRESS CHANGE
Section 1 - Personal Information
Employee Name (Last Name, First Name, Middle) Social Security Number
Employee Mailing Address (Street, City, Zip)
Home Phone Cell Phone
Section 2 - Third Party Medical Insurance Premium Reimbursements
Name of Service Provider Date of Service/
Coverage
Expense
Description
Person for Whom
Expense Incurred
Net
Amount
Total Expenses Claimed
Section 3 - Certification
The undersigned participant in the Health Reimbursement Arrangement certifies that all expenses for which
by submission of this form, were incurred during a period while the undersigned was covered under the Plan
with respect to such expenses, and that these expenses have not previously been reimbursed and are not
reimbursable under any other health plan coverage. The undersigned fully understands that he or she alone is
fully responsible for the sufficiency, accuracy and veracity of all information relating to this claim and that
unless an expense for which reimbursement is claimed is a proper expense under the Plan, which relate to such
expense. The undersigned also understands that he/she is responsible to keep sufficient documentation to
substantiate the expenses claimed for reimbursement, as may be required by the IRS.
Employee Signature Date
___________________________ _________________
elate to such
Procedures for Submitting Claims
In order to receive reimbursement from your Health Reimbursement Arrangement, all claims
should have the following information:
Section 1
1. Employee or participant’s name, address, work and home telephone number
2. Employee’s Social Security Number
The following information must be listed on ALL RECEIPTS AND THE CLAIM FOR
REMIBURSEMENT FORM:
1. Date the service was provided
2. What service was provided
3. Name of service provider
4. Person who received service
5. Net amount of service
6. Provider’s signature or receipt is required with your claim for reimbursement.
Section 2
Third Party Medical Insurance Premium Reimbursements
Cancer and health premiums that are not payroll deducted through you or your spouse’s
employer are listed in this in this section. Canceled checks and bank statement are acceptable as
receipts for third party insurance only.
Section 3
Signature and Date
Sign and date our claim for reimbursement and mail to:
RCW Construction & Consulting, LLC
Attn: HRA Claims
4374 Juniper Terrace, Boynton Beach, FL 33436
If you have questions regarding how to complete your claim form, please call your administrator
at 561-374-9990. You may fax your claim to 561-375-9821. If you fax your claim, please do not
mail the original.
Copy of Claim: Please keep a copy of your signed form and receipts. A photocopy is as valid as
the original.
RCWRCW EMPLOYEE ENROLLMENT FORM
CONSTRUCTION & CONSULTING, LLCCONSTRUCTION & CONSULTING, LLC
4374 JUNIPER TERRACE, BOYNTON BEACH, FL 334364374 JUNIPER TERRACE, BOYNTON BEACH, FL 33436 Please PRINT and SUBMIT this form to
Tel: 561-374-9990Tel: 561-374-9990 !! Fax: 561-375-9821Fax: 561-375-9821 Your Benefits Administrator
Section 1 - Plan Election
1. Type of Product (s) Effective Date:
Health Reimbursement Arrangement
Section 2 - Personal Information
2. Employee Name (Last Name, First Name, Middle) 3. Full Time Hire Date (Day/Month/Year)
4. Social Security Number 5. Birth Date (Month/Day/Year) 6. Marital Status
7. Employee Mailing Address (Street, City, Zip)
8. E-Mail Address 9. Home Phone 10. Cell Phone
Section 3 - Eligible Dependents
12.a. Name (Last, First, Middle) S.S. # Birth Date Gender F/T Student
__Spouse ____Child/Step Child
12.b. Name (Last, First, Middle) S.S. # Birth Date Gender F/T Student
__Spouse ____Child/Step Child
12.c. Name (Last, First, Middle) S.S. # Birth Date Gender F/T Student
__Spouse ____Child/Step Child
12.d. Name (Last, First, Middle) S.S. # Birth Date Gender F/T Student
__Spouse ____Child/Step Child
Section 4 -Authorization /Employee Signature
I understand that:
*This election will remain in effect for the duration of the plan year.
*To participate in succeeding years, I must complete a new form.
*I cannot submit claims incurred prior to the date I joined or after the plan year ends.
*My employer cannot be responsible for any tax liabilites,w hich I may incur as a result of my
participation in the plan.
*I cannot suspend, increase or decrease these deductions during the plan year unless I experience a
valid change in status.
13. Employee Signature 14. Date
____________________________ ___________
Section 5 - Benefit Refusal
I do not wish to participate in RCW HRA at this time. I understand that I may not elect to participate
in the Plan until the next open enrollment period unless I have a valid change in status.
15. Employee Signature 16. Enroller Initials 17. Date
___________________________ ___________ ___________

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RCW Construction HRA Plan

  • 1. RCWRCW CONSTRUCTION & CONSULTING, LLCCONSTRUCTION & CONSULTING, LLC HRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTIONHRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTION Health Reimbursement Arrangement Plan (HRA) This Plan is established by the above named employer. The effective date of this Plan is July 1, 2007. The Employer intends that this Health Reimbursement Arrangement (HRA) Plan qualify as an accident and health plan under Section 105(e) of the Code, and that the nontaxable benefits provided under the HRA Plan be eligible for exclusion from Participants' income under Section 105(b) of the Code. This RCW HRA Plan is not a part of a Cafeteria Plan. The salary reduction, if any, withheld from your salary (wages) under a Cafeteria Plan is not used to fund this HRA Plan. If your Spouse’s employer provides Cafeteria Plan credits, those credits cannot be used to increase your HRA Plan reimbursements. This is not a "Salary (or wage) Reduction" plan. You are not paying for the cost of your benefits by electing to have your compensation reduced. The RCW HRA is paying 100% of the benefits out of its general assets. The Employer will designate a maximum benefit that will be provided from the Employer’s general assets for each enrolled Participant on a monthly basis beginning the first day of any Plan Year or the first day of the month in which an Employee first enrolls in a Group or Individual Health Plan. There is no segregated fund or trust established for this HRA Plan. This Summary Plan Description is a brief description of the Plan and your rights, benefits and obligations under the Plan. This Plan Description is also the Plan Document in the case of ERISA. If you have difficulty understanding any part of this document, contact your administrator. Plan Purpose RCW HRA is a “limited purpose” plan and is a Group Plan benefit that allows you to obtain reimbursement of premiums paid for Health Insurance including: Medical, Dental, Vision, and Life. Eligibility Participation in this Plan does require you to be enrolled and participating in an individual health insurance plan. Retired employees are not eligible for this Plan. Former employees are not eligible for this Plan. In order to be eligible to participate in this Plan, an individual must satisfy the following requirements: A. Be currently employed by the Employer in Full-Time Employment for 35 or more hours per week or in Part-Time Employment for 30, but less than 35, hours per week. B. Have been employed in Full- or Part-Time Employment by the Employer for the previous 90 days (this period may be extended at the discretion of the Employer based upon job performance). Enrollment After you become eligible, you may enroll in the Plan, subject to proof of your enrollment or membership in the aforementioned Health Insurance Plan. You may request coverage for any dependents, provided such dependents meet the eligibility requirements, and are or will be concurrently enrolled as your dependent(s) in the aforementioned health plan. Your decision must be made during the enrollment
  • 2. RCWRCW CONSTRUCTION & CONSULTING, LLCCONSTRUCTION & CONSULTING, LLC HRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTIONHRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTION period provided by the Plan Administrator. If you are a newly hired employee, you must make your decision during any period immediately preceding your becoming eligible. If you are already a Plan Participant and you fail to complete an election form for the upcoming Plan year, then you will maintain enrollment in the HRA based on your current Health Plan coverage, until changed by an approved Change of Status election. Plan year enrollment shall be from June 1-June 30, 2008. Change of Status Only under special circumstances, such as a change in family status, changes in the election of a type of coverage under your health plan, and certain other events, may you apply to change your selected benefits. A changed election under this Plan must be consistent with the changes, to the extent it is necessary or appropriate as a result of the necessity of a change in the election of benefits under the Employer’s Group Health Plan or of the result of a change in accident and health coverage of the Spouse or Dependent. If you should terminate your employment and stop your elections under this Plan, you may, if rehired, begin to participate in the Plan again after re-satisfying the eligibility requirements. Schedule Of Benefits These funds are known as Benefit Credits. The amount of which are to be credited at a time or times as determined by the Employer. The amount of the Benefit Credits is specified in the Schedule A of this document, with which you are permitted to use towards the reimbursement of health insurance premiums. Health Reimbursement Arrangement (HRA) Account: (The account”) How Health Reimbursement Arrangement Account Works. The Plan Administrator will set up a Health Reimbursement Arrangement account for you from which you may be reimbursed some of the insurance premium expenses incurred by you and your Spouse and Dependents during the Plan Year up to a maximum benefit amount as defined in the RCW Health Reimbursement Arrangement Account Summary Plan Description Schedule A. The rules for turning in claims will be stated as part of the Request for Reimbursement Form supplied by the Plan Administrator. The Employer will maintain this “account” on a memorandum nature for accounting purposes, and will not be representative of any identifiable Trust assets. Benefit Credits withdrawn as requested by the Participant will be debited to the then existing account balance. To receive reimbursement, you must complete a claim form and submit it along with your Insurance Premium Bill. All claims received by the Administrator will be processed for reimbursement within 30 days. Upon submission of a claim you will be reimbursed the full amount of your eligible expenses up to the limit of available Benefit Credits in your Health Reimbursement account. Your claim reimbursement requests will be processed on a minimum of a monthly basis. You will receive statements periodically to remind you how much is left in your account. You may continue to submit claims up to 90 days after the Plan Year end for the prior year’s premiums. Employees who terminate employment and participation in this Plan during the Plan Year will be given until 90 days after the Plan year end in which to submit request for reimbursement for expenses incurred before their termination date.
  • 3. RCWRCW CONSTRUCTION & CONSULTING, LLCCONSTRUCTION & CONSULTING, LLC HRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTIONHRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTION Claims Process You should submit reimbursement claims during the Plan Year, but in no event later than 90 days after the end of a Plan Year. Any claims submitted after that time will not be considered. In the case of a claim for premium reimbursement under the Health Reimbursement Arrangement Plan, the following timetable for claims applies: • Notification of whether claim is accepted or denied 30 days • Extension due to matters beyond the control of the Plan 15 days • Insufficient information on the Claim: • Notification of 15 days • Response by Participant 45 days • Review of claim denial 60 days The Plan Administrator will provide written or electronic notification of any claim denial. The notice will state: 1. The specific reason or reasons for the denial. 2. Reference to the specific Plan provisions on which the denial was based. 3. A description of any additional material or information necessary for the claimant to perfect the claim and an explanation of why such material or information is necessary. 4. A description of the Plan's review procedures and the time limits applicable to such procedures. This will include a statement of your right to bring a civil action under section 502 of ERISA following a denial on review. 5. 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 Claim. 6. If the denial was based on an internal rule, guideline, protocol, or other similar criterion, the specific rule, guideline, protocol, or criterion will be provided free of charge. If this is not practical, a statement will be included that such a rule, guideline, protocol, or criterion was relied upon in making the denial and a copy will be provided free of charge to the claimant upon request. When you receive a denial, you will have 180 days following receipt of the notification in which to appeal the decision. You may submit written comments, documents, records, and other information relating to the Claim. If you request, you will be provided, free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the Claim. The period of time within which a denial on review is required to be made will begin at the time an appeal is filed in accordance with the procedures of the Plan. This timing is without regard to whether all the necessary information accompanies the filing. A document, record, or other information shall be considered relevant to a Claim if it: 1. was relied upon in making the claim determination; 2. was submitted, considered, or generated in the course of making the claim determination, without regard to whether it was relied upon in making the claim determination; 3. demonstrated compliance with the administrative processes and safeguards designed to ensure and to verify that claim determinations are made in accordance with Plan documents and Plan provisions have been applied consistently with respect to all claimants; or 4. constituted a statement of policy or guidance with respect to the Plan concerning the denied claim.
  • 4. RCWRCW CONSTRUCTION & CONSULTING, LLCCONSTRUCTION & CONSULTING, LLC HRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTIONHRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTION The review will take into account all comments, documents, records, and other information submitted by the claimant relating to the Claim, without regard to whether such information was submitted or considered in the initial claim determination. The review will not afford deference to the initial denial and will be conducted by a fiduciary of the Plan who is neither the individual who made the adverse determination nor a subordinate of that individual. No Carryover of Benefits There is no carry over of any unused benefit from one Plan Year to another. If there is a balance remaining in your annual allocation at the end of the Plan Year, the balance is forfeited to the Employer. No cash outs are allowed. Forfeitures If your participation in the HRA Plan ends, perhaps because you terminate employment, your period of coverage ends on the day of the terminating event, such as the day you terminate employment. Any expenses incurred after that date are ineligible for reimbursement. If you have not incurred Qualified Expenses equal to the amounts allocated on your behalf under this HRA Plan before that date, you forfeit the unused amount. You must submit all claims for reimbursement before the end of a 90 day period that begins on the day of your termination from the plan. Claims submitted after that 90 day period will not be considered for reimbursement. All forfeited amounts become the property of the Employer. The Employer can use forfeited amounts for the payment of administrative expenses under this HRA Plan, or to assign to future allocations that are not dependent on a Participants prior reimbursement experience. Continuation of Coverage after Termination For Health Reimbursement Arrangement Plan coverage on termination of employment, please see the Article entitled "CONTINUATION COVERAGE RIGHTS UNDER COBRA." This applies to companies with 20 or more employees. Participation Following Termination of Employment or Loss of Eligibility If you terminate employment for any reason or ceases to be an Eligible Employee for any other reason and then are rehired or become an Eligible Employee within the same Plan Year, you will able to participate as a new hire. Order Of Benefits Regarding The Medical Reimbursement Plan (FSA) If you elect to participate in the Medical Reimbursement Plan offered by the Employer and also participate in this HRA Plan, your claims will be submitted and reimbursed under this HRA Plan first, and will only be reimbursed from the Medical Reimbursement Plan when the expense, or part of the expense submitted cannot be reimbursed under this HRA Plan.
  • 5. RCWRCW CONSTRUCTION & CONSULTING, LLCCONSTRUCTION & CONSULTING, LLC HRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTIONHRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTION Qualified Medical Support Orders (QMSO) Generally your Plan benefits may not be assigned or alienated. However, an exception applies in the case of “qualified medical child support order.” Basically, a qualified medical child support order is a court- ordered judgment, decree, order or property settlement agreement in connection with state domestic relations law which either (1) creates or extends the rights of an “alternate recipient” to participate in a group health plan, including this Plan, or (2) enforces certain laws relating to medical child support. An “alternate recipient” is any child or a Participant who is recognized by a medical child support order as having a right to enrollment under the Participant’s health plan. A medical child support order must satisfy certain specific conditions to be qualified. You will be notified by the Plan Administrator if it received a medical child support order that applies to you and whether the medical child support order is qualified. Uniformed Service Under USERRA Continued Participation in the Plan is permitted under certain conditions when you are serving in the United States military after having been a Participant in this Plan. See your Plan Administrator for the provisions of this continuation. The current rules are outlined in the (HRA) Plan Document available from the Plan Administrator. Participation While on FMLA Leave A Participant who takes an unpaid leave of absence under the Family and Medical Leave Act of 1993 (“FMLA Leave”) may continue participation in this Plan during the continuation of the current Plan Year and as long as they are paying for premiums in a Health Insurance Plan. If such participant returns to active employment, the participant will be reinstated, in the same manner as existed before the FMLA Leave commenced. The Employer will provide such Benefit Credits that would normally be provided to such Participant during the remainder of the current Plan Year. The manner in which such Benefit Credits are applied to the Participant’s account shall be determined by the Employer or Plan Administrator in its sole discretion. Future Of The Health Reimbursement Arrangement The Plan is based on the Employer’s understanding of the current provisions of the Internal Revenue Code, and relevant Department of the Treasury rulings. The Employer reserves the right to amend or discontinue the Plan if regulations or changes in the tax law make it advisable to do so. If the Plan is amended or terminated, it will not affect any benefit to which you are entitled before the date of the amendment or termination. Plan Administration, Continuance and Amendment or Termination Where applicable, the Plan Administrator or its designee shall have full discretionary authority and power to administer and construe the Plan, subject to applicable requirements of law. Without limiting the generality of the foregoing, the Plan Administrator shall have the following discretionary powers and duties: (i) to make and enforce such rules and regulations as it deems necessary or proper for the efficient administration of the Plan; (ii) to interpret the Plan, its interpretation thereof to be final and conclusive on all persons claiming benefits under the Plan; (iii) to decide all questions concerning the Plan, including questions of fact respecting Plan benefits, the eligibility of any person to participate in the Plan and the status and rights of any Participant under the Plan; and (iv) to appoint such agents, counsel, accountants,
  • 6. RCWRCW CONSTRUCTION & CONSULTING, LLCCONSTRUCTION & CONSULTING, LLC HRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTIONHRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTION consultants and other persons as may be required to assist in administering the Plan. The Company reserves the right at its discretion to end or amend the Plan, or any provision, benefit coverage or contribution under any plan, at any time, for any reason. Any amendment, suspension or termination of these plans or programs would normally be effected by the Company. If the Plan is modified, any claims incurred prior to the date of modification will be paid in accordance with the Plan in effect at that time. Any expense incurred after the amendment date will be paid in accordance with the new Plan provision. Other Administrative Information Plan Sponsor/Employer: RCW Construction & Consulting, LLC 4374 Juniper Terrace Boynton Beach, FL 33436 EIN: 59-3840760 561-374-9990 Participating Employers: 2 Plan Year: July 1 through June 30 Plan Number: 502 Plan Administrator: Same as Employer Claims Administrator: Same as Employer Third Party Administrator: N/A Agent for Service of Legal Process: Plan Administrator Classification and Funding The Employer intends that the Plan qualify as an employer-provided medical reimbursement plan under Code sections 105 and 106 and regulations issued hereunder, and as a health reimbursement arrangement as defined under IRS Notice 2002-45. Third Party Administrator. The Plan may from time to time employ the services of an Third Party Administrator (TPA) for designated Plan administration, or other qualified professionals for Plan services, under the direction of the Plan Administrator. Not a Contract of Employment No provision of the Plan is to be considered a contract of employment between you and the Employer. The Employer’s rights with regard to disciplinary action and termination of any Employee, if necessary, are in no manner changed by any provision of the Plan.
  • 7. RCWRCW CONSTRUCTION & CONSULTING, LLCCONSTRUCTION & CONSULTING, LLC HRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTIONHRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTION STATEMENT OF ERISA RIGHTS A participant in the Plan is entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974, as amended ("ERISA"). ERISA provides that all Plan participants shall be entitled to: • Examine, without charge, at the Plan Administrator's office, all plan documents, and copies of all documents governing the Plan and a copy of the latest annual report (Form 5500 Series) filed by the Plan with the U.S. Department of Labor. • Obtain copies of plan documents governing the operation of the Plan and other Plan information upon written request to the Plan Administrator. The Plan Administrator may make a reasonable charge for the copies. • Continue health care coverage if there is a loss of coverage under the Plan as a result of a qualifying event. Review this summary plan description and the documents governing the Plan on the rules governing your COBRA continuation coverage rights. In addition to creating rights for Plan participants, ERISA imposes duties upon the people who are responsible for the operation of the employee benefit plan. The people who operate the plan, called "fiduciaries" of the Plan, have a duty to do so prudently and in the interest of plan participants and beneficiaries. No one, including the employer or any other person, may fire you or otherwise discriminate against you in any way to prevent you from obtaining a welfare benefit or exercising rights under ERISA. If a claim for a welfare benefit is denied in whole or in part, you have a right to know why this was done, to obtain copies of documents relating to the decision without charge, and to appeal any denial, all within certain time schedules. Under ERISA, there are steps you can take to enforce the above rights. For instance, if you request materials from the Plan and do not receive them within 30 days, you may file suit in a federal court. In such a case, the court may require the Plan Administrator to provide the materials and pay the employee up to $110 a day until you receive the materials, unless the materials were not sent because of reasons beyond the control of the Plan Administrator. 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. In addition, if you disagree with the Plan’s decision or lack thereof concerning the qualified status of a domestic relations order or a medical child support order, you may file suit in federal court. If it should happen that Plan fiduciaries misuse the Plan’s money, or if you are discriminated against for asserting your statutory 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 sued to pay these costs and fees. If you lose, the court may order you to pay these costs and fees, for example, if it finds the claim is 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, or if you need assistance obtaining Plan documents from the Plan Administrator, you should contact the nearest office of the Employee Benefits Security Administration, U.S. Department of Labor, listed in your telephone directory or the Division of Technical Assistance and Inquiries, Employee Benefits Security Administration, U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210. You may also obtain certain publications about your rights and responsibilities under ERISA by calling the publications hotline of the Employee Benefits Security Administration.
  • 8. RCWRCW CONSTRUCTION & CONSULTING, LLCCONSTRUCTION & CONSULTING, LLC HRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTIONHRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTION Legal Control The right is reserved in the Plan for the Plan Sponsor to terminate, suspend, withdraw, amend or modify the Plan in whole or in part at any time, subject to the applicable provisions of the Plan. This is a Summary Plan Description only. (See statement of ERISA rights.) If there is a discrepancy between the description of the Plan as contained in this material, and the official Plan Document, the language of the Health Reimbursement Arrangement Document will apply. CONTINUATION COVERAGE RIGHTS UNDER COBRA Under federal law, the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), certain employees and their families covered under health benefits under this Plan will be entitled to the opportunity to elect a temporary extension of health coverage (called "COBRA continuation coverage") where coverage under the Plan would otherwise end. This notice is intended to inform Plan Participants and beneficiaries, in summary fashion, of their rights and obligations under the continuation coverage provisions of COBRA, as amended and reflected in final and proposed regulations published by the Department of the Treasury. This notice is intended to reflect the law and does not grant or take away any rights under the law. The Plan Administrator or its designee is responsible for administering COBRA continuation coverage. Complete instructions on COBRA, as well as election forms and other information, will be provided by the Plan Administrator or its designee to Plan Participants who become Qualified Beneficiaries under COBRA. While the Plan itself is not a group health plan, it does provide health benefits. Whenever "Plan" is used in this section, it means any of the health benefits under this Plan including the Health Care Reimbursement Plan. 1. What is COBRA Continuation Coverage? (applies to companies with over 20 employees) COBRA continuation coverage is the temporary extension of group health plan coverage that must be offered to certain Plan Participants and their eligible family members (called "Qualified Beneficiaries") at group rates. The right to COBRA continuation coverage is triggered by the occurrence of a life event that results in the loss of coverage under the terms of the Plan (the "Qualifying Event"). The coverage must be identical to the coverage that the Qualified Beneficiary had immediately before the Qualifying Event, or if the coverage has been changed, the coverage must be identical to the coverage provided to similarly situated active employees who have not experienced a Qualifying Event (in other words, similarly situated non-COBRA beneficiaries). 2. Who Can Become a Qualified Beneficiary? In general, a Qualified Beneficiary can be: (a) Any individual who, on the day before a Qualifying Event, is covered under a Plan by virtue of being on that day either a covered Employee, the Spouse of a covered Employee, or a Dependent child of a covered Employee. If, however, an individual is denied or not offered coverage under the Plan under circumstances in which the denial or failure to offer constitutes a violation of applicable law, then the individual will be considered to have had the coverage and will be considered a Qualified Beneficiary if that individual experiences a Qualifying Event. (b) Any child who is born to or placed for adoption with a covered Employee during a period of COBRA continuation coverage, and any individual who is covered by the Plan as an alternate recipient under a qualified medical support order. If, however, an individual is denied or not offered coverage under the
  • 9. RCWRCW CONSTRUCTION & CONSULTING, LLCCONSTRUCTION & CONSULTING, LLC HRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTIONHRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTION Plan under circumstances in which the denial or failure to offer constitutes a violation of applicable law, then the individual will be considered to have had the coverage and will be considered a Qualified Beneficiary if that individual experiences a Qualifying Event. The term "covered Employee" includes any individual who is provided coverage under the Plan due to his or her performance of services for the employer sponsoring the Plan. An individual is not a Qualified Beneficiary if the individual's status as a covered Employee is attributable to a period in which the individual was a nonresident alien who received from the individual's Employer no earned income that constituted income from sources within the United States. If, on account of the preceding , an individual is not a Qualified Beneficiary, then a Spouse or Dependent child of the individual will also not be considered a Qualified Beneficiary by virtue of the relationship to the individual. Each Qualified Beneficiary (including a child who is born to or placed for adoption with a covered Employee during a period of COBRA continuation coverage) must be offered the opportunity to make an independent election to receive COBRA continuation coverage. 3. What is a Qualifying Event? A Qualifying Event is any of the following if the Plan provided that the Plan participant would lose coverage (i.e., cease to be covered under the same terms and conditions as in effect immediately before the Qualifying Event) in the absence of COBRA continuation coverage: (a) The death of a covered Employee. (b) The termination (other than by reason of the Employee's gross misconduct), or reduction of hours, of a covered Employee's employment. (c) The divorce or legal separation of a covered Employee from the Employee's Spouse. (d) A covered Employee's enrollment in any part of the Medicare program. (e) A Dependent child's ceasing to satisfy the Plan's requirements for a Dependent child (for example, attainment of the maximum age for dependency under the Plan). If the Qualifying Event causes the covered Employee, or the covered Spouse or a Dependent child of the covered Employee, to cease to be covered under the Plan under the same terms and conditions as in effect immediately before the Qualifying Event (or in the case of the bankruptcy of the Employer, any substantial elimination of coverage under the Plan occurring within 12 months before or after the date the bankruptcy proceeding commences), the persons losing such coverage become Qualified Beneficiaries under COBRA if all the other conditions of the COBRA are also met. For example, any increase in contribution that must be paid by a covered Employee, or the Spouse, or a Dependent child of the covered Employee, for coverage under the Plan that results from the occurrence of one of the events listed above is a loss of coverage. The taking of leave under the Family and Medical Leave Act of 1993 ("FMLA") does not constitute a Qualifying Event. A Qualifying Event will occur, however, if an Employee does not return to employment at the end of the FMLA leave and all other COBRA continuation coverage conditions are present. If a Qualifying Event occurs, it occurs on the last day of FMLA leave and the applicable maximum coverage period is measured from this date (unless coverage is lost at a later date and the Plan provides for the extension of the required periods, in which case the maximum coverage date is measured from the date when the coverage is lost.) Note that the covered Employee and family members will be entitled to COBRA continuation coverage even if they failed to pay the employee portion of premiums for coverage under the Plan during the FMLA leave.
  • 10. RCWRCW CONSTRUCTION & CONSULTING, LLCCONSTRUCTION & CONSULTING, LLC HRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTIONHRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTION 4. What is the Procedure for Obtaining COBRA Continuation Coverage? The Plan has conditioned the availability of COBRA continuation coverage upon the timely election of such coverage. An election is timely if it is made during the election period. In the case of an individual who is not a Qualified Beneficiary and who is receiving coverage under the Plan solely because of the individual's relationship to a Qualified Beneficiary, if the Plan's obligation to make COBRA continuation coverage available to the Qualified Beneficiary ceases, the Plan is not obligated to make coverage available to the individual who is not a Qualified Beneficiary. If Timely Payment is made to the Plan in an amount that is not significantly less than the amount the Plan requires to be paid for a period of coverage, then the amount paid will be deemed to satisfy the Plan's requirement for the amount to be paid, unless the Plan notifies the Qualified Beneficiary of the amount of the deficiency and grants a reasonable period of time for payment of the deficiency to be made. A "reasonable period of time" is 30 days after the notice is provided. A shortfall in a Timely Payment is not significant if it is no greater than the lesser of $50 or 10% of the required amount. 5. What is the Election Period and How Long Must It Last? The election period is the time period within which the Qualified Beneficiary can elect COBRA continuation coverage under the Plan. The election period must begin not later than the date the Qualified Beneficiary would lose coverage on account of the Qualifying Event and must not end before the date that is 60 days after the later of the date the Qualified Beneficiary would lose coverage on account of the Qualifying Event or the date notice is provided to the Qualified Beneficiary of her or his right to elect COBRA continuation coverage. Note: If a covered employee who has been terminated or experienced a reduction of hours qualifies for a trade readjustment allowance or alternative trade adjustment assistance under a federal law called the Trade Act of 2002, and the employee and his or her covered dependents have not elected COBRA coverage within the normal election period, a second opportunity to elect COBRA coverage will be made available for themselves and certain family members, but only within a limited period of 60 days or less and only during the six months immediately after their group health plan coverage ended. Any person who qualifies or thinks that he or she and/or his or her family members may qualify for assistance under this special provision should contact the Plan Administrator or its designee for further information. 6. Is a Covered Employee or Qualified Beneficiary Responsible for Informing the Plan Administrator of the Occurrence of a Qualifying Event? The Plan will offer COBRA continuation coverage to qualified beneficiaries only after the Plan Administrator or its designee has been timely notified that a Qualifying Event has occurred. The employer (if the employer is not the Plan Administrator) will notify the Plan Administrator or its designee of the Qualifying Event within 30 days following the date coverage ends when the Qualifying Event is: (a) the end of employment or reduction of hours of employment, (b) death of the employee, (c) commencement of a proceeding in bankruptcy with respect to the employer, or (d) enrollment of the employee in any part of Medicare,
  • 11. RCWRCW CONSTRUCTION & CONSULTING, LLCCONSTRUCTION & CONSULTING, LLC HRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTIONHRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTION IMPORTANT: For the other Qualifying Events (divorce or legal separation of the employee and spouse or a dependent child's losing eligibility for coverage as a dependent child), you or someone on your behalf must notify the Plan Administrator or its designee in writing within 60 days after the Qualifying Event occurs, using the procedures specified below. If these procedures are not followed or if the notice is not provided in writing to the Plan Administrator or its designee during the 60-day notice period, any spouse or dependent child who loses coverage will not be offered the option to elect continuation coverage. You must send this notice to the Plan Administrator. NOTICE PROCEDURES: Any notice that you provide must be in writing. Oral notice, including notice by telephone, is not acceptable. You must mail, fax or hand-deliver your notice to the person, department or firm listed below, at the following address: RCW Construction & Consulting, LLC 4374 Juniper Terrace; Boynton Beach, Florida 33436 If mailed, your notice must be postmarked no later than the last day of the required notice period. Any notice you provide must state: • the name of the plan or plans under which you lost or are losing coverage, • the name and address of the employee covered under the plan, • the name(s) and address(es) of the Qualified Beneficiary(ies), and • the Qualifying Event and the date it happened. If the Qualifying Event is a divorce or legal separation, your notice must include a copy of the divorce decree or the legal separation agreement. Be aware that there are other notice requirements in other contexts, for example, in order to qualify for a disability extension. Once the Plan Administrator or its designee receives timely notice that a Qualifying Event has occurred, COBRA continuation coverage will be offered to each of the qualified beneficiaries. Each Qualified Beneficiary will have an independent right to elect COBRA continuation coverage. Covered employees may elect COBRA continuation coverage for their spouses, and parents may elect COBRA continuation coverage on behalf of their children. For each Qualified Beneficiary who elects COBRA continuation coverage, COBRA continuation coverage will begin on the date that plan coverage would otherwise have been lost. If you or your spouse or dependent children do not elect continuation coverage within the 60- day election period described above, the right to elect continuation coverage will be lost. 7. Is a Waiver Before the End of the Election Period Effective to End a Qualified Beneficiary's Election Rights? If, during the election period, a Qualified Beneficiary waives COBRA continuation coverage, the waiver can be revoked at any time before the end of the election period. Revocation of the waiver is an election of COBRA continuation coverage. However, if a waiver is later revoked, coverage need not be provided retroactively (that is, from the date of the loss of coverage until the waiver is revoked). Waivers and revocations of waivers are considered made on the date they are sent to the Plan Administrator or its designee, as applicable.
  • 12. RCWRCW CONSTRUCTION & CONSULTING, LLCCONSTRUCTION & CONSULTING, LLC HRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTIONHRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTION 8. When May a Qualified Beneficiary's COBRA Continuation Coverage be Terminated? During the election period, a Qualified Beneficiary may waive COBRA continuation coverage. Except for an interruption of coverage in connection with a waiver, COBRA continuation coverage that has been elected for a Qualified Beneficiary must extend for at least the period beginning on the date of the Qualifying Event and ending not before the earliest of the following dates: (a) The last day of the applicable maximum coverage period. (b) The first day for which Timely Payment is not made to the Plan with respect to the Qualified Beneficiary. (c) The date upon which the Employer ceases to provide any group health plan (including a successor plan) to any employee. (d) The date, after the date of the election, that the Qualified Beneficiary first becomes covered under any other Plan that does not contain any exclusion or limitation with respect to any pre-existing condition, other than such an exclusion or limitation that does not apply to, or is satisfied by, the Qualified Beneficiary. (e) The date, after the date of the election,that the Qualified Beneficiary first enrolls in the Medicare program (either part A or part B, whichever occurs earlier). (f) In the case of a Qualified Beneficiary entitled to a disability extension, the later of: (1) (i) 29 months after the date of the Qualifying Event, or (ii) the first day of the month that is more than 30 days after the date of a final determination under Title II or XVI of the Social Security Act that the disabled Qualified Beneficiary whose disability resulted in the Qualified Beneficiary's entitlement to the disability extension is no longer disabled, whichever is earlier; or (2) the end of the maximum coverage period that applies to the Qualified Beneficiary without regard to the disability extension. The Plan can terminate for cause the coverage of a Qualified Beneficiary on the same basis that the Plan terminates for cause the coverage of similarly situated non-COBRA beneficiaries, for example, for the submission of a fraudulent claim. In the case of an individual who is not a Qualified Beneficiary and who is receiving coverage under the Plan solely because of the individual's relationship to a Qualified Beneficiary, if the Plan's obligation to make COBRA continuation coverage available to the Qualified Beneficiary ceases, the Plan is not obligated to make coverage available to the individual who is not a Qualified Beneficiary. 9. What Are the Maximum Coverage Periods for COBRA Continuation Coverage? The maximum coverage periods are based on the type of the Qualifying Event and the status of the Qualified Beneficiary, as shown below. (a) In the case of a Qualifying Event that is a termination of employment or reduction of hours of employment, the maximum coverage period ends 18 months after the Qualifying Event if there is not a disability extension and 29 months after the Qualifying Event if there is a disability extension.
  • 13. RCWRCW CONSTRUCTION & CONSULTING, LLCCONSTRUCTION & CONSULTING, LLC HRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTIONHRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTION (b) In the case of a covered Employee's enrollment in the Medicare program before experiencing a Qualifying Event that is a termination of employment or reduction of hours of employment, the maximum coverage period for Qualified Beneficiaries other than the covered Employee ends on the later of: (1) 36 months after the date the covered Employee becomes enrolled in the Medicare program; or (2) 18 months (or 29 months, if there is a disability extension) after the date of the covered Employee's termination of employment or reduction of hours of employment. (c) In the case of a Qualified Beneficiary who is a child born to or placed for adoption with a covered Employee during a period of COBRA continuation coverage, the maximum coverage period is the maximum coverage period applicable to the Qualifying Event giving rise to the period of COBRA continuation coverage during which the child was born or placed for adoption. (d) In the case of any other Qualifying Event than that described above, the maximum coverage period ends 36 months after the Qualifying Event. 10. Under What Circumstances Can the Maximum Coverage Period Be Expanded? If a Qualifying Event that gives rise to an 18-month or 29-month maximum coverage period is followed, within that 18- or 29-month period, by a second Qualifying Event that gives rise to a 36-months maximum coverage period, the original period is expanded to 36 months, but only for individuals who are Qualified Beneficiaries at the time of both Qualifying Events. In no circumstance can the COBRA maximum coverage period be expanded to more than 36 months after the date of the first Qualifying Event. The Plan Administrator must be notified of the second qualifying event within 60 days of the second qualifying event. This notice must be sent to the Plan Administrator or its designee. 11. How Does a Qualified Beneficiary Become Entitled to a Disability Extension? A disability extension will be granted if an individual (whether or not the covered Employee) who is a Qualified Beneficiary in connection with the Qualifying Event that is a termination or reduction of hours of a covered Employee's employment, is determined under Title II or XVI of the Social Security Act to have been disabled at any time during the first 6 days of COBRA continuation coverage. To qualify for the disability extension, the Qualified Beneficiary must also provide the Plan Administrator with notice of the disability determination on a date that is both within 60 days after the date of the determination and before the end of the original 18-month maximum coverage. This notice must be sent to the Plan Administrator or its designee. 12. Does the Plan Require Payment for COBRA Continuation Coverage? For any period of COBRA continuation coverage under the Plan, qualified beneficiaries who elect COBRA continuation coverage may be required to pay up to 102% of the applicable premium and up to 150% of the applicable premium for any expanded period of COBRA continuation coverage covering a disabled Qualified Beneficiary due to a disability extension. Your Plan Administrator will inform you of the cost. The Plan will terminate a Qualified Beneficiary's COBRA continuation coverage as of the first day of any period for which timely payment is not made. 13. Must the Plan Allow Payment for COBRA Continuation Coverage to be made in Monthly Installments? Yes. The Plan is also permitted to allow for payment at other intervals.
  • 14. RCWRCW CONSTRUCTION & CONSULTING, LLCCONSTRUCTION & CONSULTING, LLC HRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTIONHRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTION 14. What is Timely Payment for payment for COBRA Continuation Coverage? Timely Payment means a payment made no later than 30 days after the first day of the coverage period. Payment that is made to the Plan by a later date is also considered Timely Payment if either under the terms of the Plan, covered employees or Qualified Beneficiaries are allowed until that later date to pay for their coverage for the period or under the terms of an arrangement between the Employer and the entity that provides Plan benefits on the Employer's behalf, the Employer is allowed until that later date to pay for coverage of similarly situated non-COBRA beneficiaries for the period. Notwithstanding the above paragraph, the Plan does not require payment for any period of COBRA continuation coverage for a Qualified Beneficiary earlier than 45 days after the date on which the election of COBRA continuation coverage is made for that Qualified Beneficiary. Payment is considered made on the date on which it is postmarked to the Plan. If Timely Payment is made to the Plan in an amount that is not significantly less than the amount the Plan requires to be paid for a period of coverage, then the amount paid will be deemed to satisfy the Plan's requirement for the amount to be paid, unless the Plan notifies the Qualified Beneficiary of the amount of the deficiency and grants a reasonable period of time for payment of the deficiency to be made. A "reasonable period of time" is 30 days after the notice is provided. A shortfall in a Timely Payment is not significant if it is no greater than the lesser of $50 or 10% of the required amount. IF YOU HAVE QUESTIONS If you have questions about your COBRA continuation coverage, you should contact the Plan Administrator or its designee or you may contact the nearest Regional or District Office of the U.S. Department of Labor's Employee Benefits Security Administration (EBSA). Addresses and phone numbers of Regional and District EBSA Offices are available through EBSA's website at www.dol.gov/ebsa. KEEP YOUR PLAN ADMINISTRATOR INFORMED OF ADDRESS CHANGES In order to protect your family's rights, you should keep the Plan Administrator informed of any changes in the addresses of family members. You should also keep a copy, for your records, of any notices you send to the Plan Administrator or its designee. If you have any questions, please contact the Administrator.
  • 15. RCWRCW CONSTRUCTION & CONSULTING, LLCCONSTRUCTION & CONSULTING, LLC HRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTIONHRA PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTION Health Reimbursement Arrangement (HRA) Summary Plan Description – Effective July 1, 2007 Schedule A Schedule Of Benefits This Plan will reimburse Health Insurance Premium expenses incurred during the Period of Coverage up to $300.00 per month regardless of whether the insurance plan(s) covers the employee only or the employee’s family.
  • 16. RCWRCW CLAIM FOR REIMBURSEMENT CONSTRUCTION & CONSULTING, LLCCONSTRUCTION & CONSULTING, LLC 4374 JUNIPER TERRACE, BOYNTON BEACH, FL 334364374 JUNIPER TERRACE, BOYNTON BEACH, FL 33436 Instructions on reverse side Tel: 561-374-9990Tel: 561-374-9990 ∗∗ Fax: 561-375-9821Fax: 561-375-9821 CHECK IF ADDRESS CHANGE Section 1 - Personal Information Employee Name (Last Name, First Name, Middle) Social Security Number Employee Mailing Address (Street, City, Zip) Home Phone Cell Phone Section 2 - Third Party Medical Insurance Premium Reimbursements Name of Service Provider Date of Service/ Coverage Expense Description Person for Whom Expense Incurred Net Amount Total Expenses Claimed Section 3 - Certification The undersigned participant in the Health Reimbursement Arrangement certifies that all expenses for which by submission of this form, were incurred during a period while the undersigned was covered under the Plan with respect to such expenses, and that these expenses have not previously been reimbursed and are not reimbursable under any other health plan coverage. The undersigned fully understands that he or she alone is fully responsible for the sufficiency, accuracy and veracity of all information relating to this claim and that unless an expense for which reimbursement is claimed is a proper expense under the Plan, which relate to such expense. The undersigned also understands that he/she is responsible to keep sufficient documentation to substantiate the expenses claimed for reimbursement, as may be required by the IRS. Employee Signature Date ___________________________ _________________
  • 18. Procedures for Submitting Claims In order to receive reimbursement from your Health Reimbursement Arrangement, all claims should have the following information: Section 1 1. Employee or participant’s name, address, work and home telephone number 2. Employee’s Social Security Number The following information must be listed on ALL RECEIPTS AND THE CLAIM FOR REMIBURSEMENT FORM: 1. Date the service was provided 2. What service was provided 3. Name of service provider 4. Person who received service 5. Net amount of service 6. Provider’s signature or receipt is required with your claim for reimbursement. Section 2 Third Party Medical Insurance Premium Reimbursements Cancer and health premiums that are not payroll deducted through you or your spouse’s employer are listed in this in this section. Canceled checks and bank statement are acceptable as receipts for third party insurance only. Section 3 Signature and Date Sign and date our claim for reimbursement and mail to: RCW Construction & Consulting, LLC Attn: HRA Claims 4374 Juniper Terrace, Boynton Beach, FL 33436 If you have questions regarding how to complete your claim form, please call your administrator at 561-374-9990. You may fax your claim to 561-375-9821. If you fax your claim, please do not mail the original.
  • 19. Copy of Claim: Please keep a copy of your signed form and receipts. A photocopy is as valid as the original.
  • 20. RCWRCW EMPLOYEE ENROLLMENT FORM CONSTRUCTION & CONSULTING, LLCCONSTRUCTION & CONSULTING, LLC 4374 JUNIPER TERRACE, BOYNTON BEACH, FL 334364374 JUNIPER TERRACE, BOYNTON BEACH, FL 33436 Please PRINT and SUBMIT this form to Tel: 561-374-9990Tel: 561-374-9990 !! Fax: 561-375-9821Fax: 561-375-9821 Your Benefits Administrator Section 1 - Plan Election 1. Type of Product (s) Effective Date: Health Reimbursement Arrangement Section 2 - Personal Information 2. Employee Name (Last Name, First Name, Middle) 3. Full Time Hire Date (Day/Month/Year) 4. Social Security Number 5. Birth Date (Month/Day/Year) 6. Marital Status 7. Employee Mailing Address (Street, City, Zip) 8. E-Mail Address 9. Home Phone 10. Cell Phone Section 3 - Eligible Dependents 12.a. Name (Last, First, Middle) S.S. # Birth Date Gender F/T Student __Spouse ____Child/Step Child 12.b. Name (Last, First, Middle) S.S. # Birth Date Gender F/T Student __Spouse ____Child/Step Child 12.c. Name (Last, First, Middle) S.S. # Birth Date Gender F/T Student __Spouse ____Child/Step Child 12.d. Name (Last, First, Middle) S.S. # Birth Date Gender F/T Student __Spouse ____Child/Step Child Section 4 -Authorization /Employee Signature I understand that: *This election will remain in effect for the duration of the plan year. *To participate in succeeding years, I must complete a new form. *I cannot submit claims incurred prior to the date I joined or after the plan year ends. *My employer cannot be responsible for any tax liabilites,w hich I may incur as a result of my participation in the plan. *I cannot suspend, increase or decrease these deductions during the plan year unless I experience a valid change in status. 13. Employee Signature 14. Date ____________________________ ___________ Section 5 - Benefit Refusal I do not wish to participate in RCW HRA at this time. I understand that I may not elect to participate in the Plan until the next open enrollment period unless I have a valid change in status. 15. Employee Signature 16. Enroller Initials 17. Date ___________________________ ___________ ___________