LIFE INSURANCE BENEFITS FOR U.S. EMPLOYEES AND RETIREES And ACCIDENTAL DEATH and DISMEMBERMENT INSURANCE BENEFITS FOR U.S. EMPLOYEES Under the NATIONAL RAILWAY CARRIERS and UNITED TRANSPORTATION UNION (NRC/UTU) HEALTH and WELFARE PLAN TABLE OF CONTENTS Page I. INTRODUCTION...........................................................................1 II. DEFINITIONS ............................................................................10 III. EFFECTIVE DATE OF COVERAGE ........................................14 IV. LIFE INSURANCE UNDER THE PLAN ...................................16 V. RIGHT TO CONVERT TO A PERSONAL POLICY OF LIFE INSURANCE ................................................17 VI. ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE UNDER THE PLAN.............................................21 VII. WHEN COVERAGE ENDS .......................................................23 VIII. CONDITIONS UNDER WHICH ACTIVE EMPLOYMENT IS DEEMED TO CONTINUE .........................25 IX. BENEFICIARY ...........................................................................31 X. REVIEW OF CLAIMS ................................................................34 XI. FUTURE OF THE PLAN ...........................................................38 XII. ERISA INFORMATION ..............................................................39 XIII. STATEMENT OF ERISA RIGHTS ............................................42 I Introduction This booklet describes the life insurance and accidental death and dismemberment insurance benefits that are available to U.S. employees and the life insurance benefit that is available to retirees under the National Railway Carriers and United Transportation Union (NRC/UTU) Health and Welfare Plan. We urge you to read it carefully, and to keep it in a safe place. Your Beneficiary should know where it is kept. The NRC/UTU Health and Welfare Plan B which we refer to in this booklet as the "Plan" B also provides health benefits. Those benefits are described in a separate booklet entitled "NATIONAL RAILWAY CARRIERS and UNITED TRANSPORTATION UNION HEALTH AND WELFARE PLAN." The Plan is maintained pursuant to collective bargaining agreements between the United Transportation Union ("the UTU") and contain freight railroads; including the Burlington Northern Santa Fe, Conrail, CSX, Kansas City Southern, Norfolk Southern, and Union Pacific, along with their wholly-owned subsidiaries. For those employees and retirees eligible for coverage under it, the Plan replaces coverage under The Railroad Employees National Health and Welfare Plan. This booklet does not constitute a legal contract. The benefits it describes are provided pursuant to an insurance policy. If there are any differences between this booklet and the insurance policy, the policy will govern. For information about Plan benefits or how to file a claim, call Metropolitan toll-free at 1-800-310-7770. Schedule of Benefits The life insurance and accidental death and dismemberment insurance benefits under the Plan are provided through Group Policy No. 105147 issued to the Plan by Metropolitan Life Insurance Company. The Group Policy provides the following benefits, subject to the remaining provisions of this booklet. BENEFITS FOR ELIGIBLE EMPLOYEES The following insurance benefits are payable to Eligible Employees effective July 1, 2004: Amount LIFE INSURANCE ......................................................................$20,000 ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE...................................Up to $ 16,000 BENEFITS FOR RETIRED EMPLOYEES LIFE INSURANCE.........................................................................$ 2,000 Conversion Of Life Insurance Benefits To Personal Policy If your life insurance coverage under the Plan ceases, you may be permitted to purchase a personal policy of life insurance from Metropolitan Life Insurance Company, without having to give proof of good health. Certain restrictions will apply, though. See Section V of this booklet. No Cash Value or Assignment The life insurance and accidental death and dismemberment insurance provided under the Plan do not at any time provide paid-up insurance, or loan or cash values. Nor may you assign your insurance benefits to anyone else. -5- Life And AD&D Insurance Under The Former Policy Contract Group Policy No. 105147 issued by Metropolitan Life Insurance Company became effective on January 1, 2002. Eligible Employees and retirees who are covered under this Plan and who were eligible for benefits prior to January 1, 2002 were covered under a different policy issued by Minnesota Life Insurance Company. That policy provided the same benefits and level of benefits as the Metropolitan policy provided at the time it was issued. Now, the Metropolitan policy provides for the benefits described in this booklet, which for Eligible Employees are greater than they were before. Eligibility Because certain employees sometimes work in train service and sometimes in engine service, the Plan has been designed to avoid duplication of benefits. The Plan provides that the following employees of railroads participating in it are eligible for life and AD&D insurance coverage under the Plan (provided they meet the other criteria in the definition of Eligible Employee): • Employees who, as of the last Friday in August of the prior calendar year, are listed in UnitedHealthcare’s records as working under a UTU collective bargaining agreement; • Employees hired after the last Friday in August of the prior calendar year under a UTU agreement, provided they did not first work under a collective bargaining agreement with the Brotherhood of Locomotive Engineers and Trainmen ("BLET"). • Employees moving after the last Friday in August of the prior calendar year, to a position covered by a UTU agreement, provided that as of the date of the move they had not last worked under a BLET agreement. For employees, eligibility for coverage under the Metropolitan policy begins when the employee becomes an Eligible Employee and ends when the employee is no longer an Eligible Employee. -6- Employees not eligible for coverage under the Plan during a given calendar year because of being listed in UnitedHealthcare's records as working under a BLET agreement as of the last Friday in August of the prior calendar year will not become eligible for coverage at any time during such given calendar year, even if they subsequently work under a UTU agreement. These employees may continue to be eligible for coverage under The Railroad Employees National Health and Welfare Plan. NOTE: For these purposes, an employee should be listed in UnitedHealthcare's records as working under a UTU agreement as of the last Friday in August of any given calendar year only if, during the twelve-month period ending on June 30 of such calendar year, the employee's earnings from train and engine service under a UTU agreement were greater than his or her earnings from train and engine service under a BLET agreement. Similarly, an employee should be listed in UnitedHealthcare's records as working under a BLET agreement as of the last Friday in August of any given calendar year only if, during the twelve-month period ending on June 30 of such calendar year, the employee's earnings from train and engine service under a BLET agreement were greater than his or her earnings from train and engine service under a UTU agreement. The Plan also provides that the following retired employees of railroads participating in it are eligible for life insurance coverage under the Plan (provided they meet the other criteria in the definition of Retired Employees): $ Employees who retired on or before September 1, 1999, and who had last worked under a collective bargaining agreement between a Participating Employer and the UTU; $ Employees who retired after September 1, 1999, and before January 1, 2000, and who, as of September 1, 1999, last worked under a collective bargaining agreement between a Participating Employer and the UTU, or who transferred after September 1, 1999 to a position covered by a collective bargaining agreement between a Participating Employer and the UTU, provided that as of that date they had not last worked under a BLET agreement; -7- $ Employees who retired on or after January 1, 2000, and who were covered under this Plan as Eligible Employees for health care benefits and for life and AD&D insurance benefits when they last worked. For Retired Employees, eligibility for coverage under the Metropolitan policy will be January 1, 2002, if you were already retired as of that date. If you become a Retired Employee on or after January 1, 2002, your life insurance as a Retired Employee will become effective on the date immediately following the date your coverage as an Eligible Employee ceases. Retired Employees who are not eligible for coverage under the Plan as Eligible Employees during a given calendar year because of being listed in UnitedHealthcare's records as working under a BLET agreement as of the last Friday in August of the prior calendar year will not become eligible for coverage at anytime during such given calendar year, even if they last worked under a UTU agreement before their retirement. These Retired Employees may continue to be eligible for coverage under The Railroad Employees National Health and Welfare Plan. You and your beneficiary are not entitled to receive the benefits under this Plan and under The Railroad Employees National Health and Welfare Plan. Accordingly, if your beneficiary receives life insurance benefits under The Railroad Employees National Health and Welfare Plan on account of your death, your beneficiary will not be permitted to receive life insurance benefits under this Plan on account of your death. Similarly, if you or your beneficiary receives AD&D insurance benefits under The Railroad Employees National Health and Welfare Plan on account of injuries you sustained in an accident, you and your beneficiary will not be permitted to receive AD&D insurance benefits under this Plan for injuries you sustained in the same accident. If your beneficiary receives life insurance benefits under this Plan on account of your death, your beneficiary will be deemed to have waived any right to life insurance benefits under The Railroad Employees National Health and Welfare Plan on account of your death. Similarly, if you or your beneficiary receives AD&D insurance benefits under this Plan on account of injuries you sustained in an accident, you and your beneficiary will be deemed to have waived any right to -8- AD&D insurance benefits under The Railroad Employees National Health and Welfare Plan for injuries you sustained in the same accident. -9- II Definitions The following terms used in this booklet have the meanings set forth below: "Another Railroad Health and Welfare Plan" means a health and welfare plan established pursuant to agreement between a railroad or railroads and a labor organization or labor organizations other than this Plan and The Railroad Employees National Health and Welfare Plan. "Eligible Employee" means you are eligible for coverage if: • You are a U.S. resident, you are employed by a participating employer, and you work under a collective bargaining agreement with either the UTU or the BLET; and • If you were hired on or after March 1, 2004, at least three full calendar months have passed since the month in which you first rendered the Requisite Amount of Compensated Services for the participating employer by whom you are now employed. If in the interim you begin working for a different participating employer, you will not become an Eligible Employee until three full calendar months have passed since the month in which you first rendered the Requisite Amount of Compensated Service for your new participating employer; and • you are listed on UnitedHealthcare’s records as of the last Friday in August of the prior calendar year as working under a collective bargaining agreement with the UTU; or • you were hired after the last Friday in August of the prior calendar year under a UTU agreement and did not first work under a collective bargaining agreement with the BLET; or • after the last Friday in August of the prior calendar year, you -10- moved to a position covered by a UTU agreement and as of the date of the move you had not last worked under a BLET agreement. "Former Policy Contract" means: a. Group Policy Contract 29415-G issued by Minnesota Life Insurance Company to the National Railway Carriers and United Transportation Union Health and Welfare Plan; or b. Group Policy Contract 1023000-G issued by Metropolitan Life Insurance Company to The Railroad Employees National Health and Welfare Plan; or c. Any other policy issued to The Railroad Employees National Health and Welfare Plan, the insurance under which was replaced by the insurance under Group Policy Contract 1023000-G issued by Metropolitan Life Insurance Company, and which was defined in Group Policy Contract 1023000-G as a "Former Policy Contract." "Group Policy" means Group Policy No. 105147 issued by Metropolitan Life Insurance Company to the Policyholder for benefits under this Plan. "Metropolitan" means the Metropolitan Life Insurance Company. Metropolitan's home office is located at One Madison Avenue, New York, New York 10010. "Participating Employer" means an employer that participates in the Plan. The employers participating in the Plan include the Burlington Northern Santa Fe, Conrail, CSX, Kansas City Southern, Norfolk Southern, and Union Pacific, along with their wholly-owned subsidiaries. "Plan" means the National Railway Carriers and United Transportation Union (NRC/UTU) Health and Welfare Plan. "Requisite Amount of Compensated Service" means compensated service rendered on an aggregate of at least seven (7) calendar days during a calendar month. This seven- day rule will be applied in accordance with the terms of the collective bargaining agreement providing for it, including any side letter to such agreement dealing with application of the rule. -11-
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