PIPE FITTERS’ WELFARE FUND">

PIPE FITTERS’ WELFARE FUND, LOCAL UNION 597
Summary of Material Modification
September, 2005

The Trustees of the Pipe Fitters’ Welfare Fund, Local 597 have made the following revisions to the plan of benefits as described in this announcement letter.

1. COBRA rates adjusted effective October 1, 2005.
2. Reduced COBRA Premium for Employees Available for Work Effective July 1, 2005.
3. Retiree Premiums Adjusted Effective January 1, 2006.
4. Upon a participant’s death, enhanced options for surviving spouses age 60 or older.
5. Combined annual out of pocket maximum of $5,000 for Prescription and Specialty Drugs instead of the previous separate $5,000.00 out of pocket maximum for each.
6. Dental cleanings/exams covered two times each calendar year instead of requiring six months between dental cleanings and exams.
7. Extended COBRA coverage during military service.
8. Clarification of Retired Employee Eligibility Rule.
9. Reimbursement of weekly disability benefits for non-work related incidents eliminated.
10. Higher Welfare Fund premiums for retirees working in related pipe fitting employment.

Please keep this notice with your Summary Plan Description (SPD) booklet for future reference. If you have any questions, please call the Fund Office.

Sincerely,
Board of Trustees

1. COBRA Rates Adjusted Effective October 1, 2005
Because of favorable claims experience, the COBRA rates are being increased by only a small amount effective October 1, 2005. The monthly COBRA rates effective October 1, 2004 and October 1, 2005 are as follows:

COBRA Rates 10/1/2004 10/1/2005
Medical Only $755.00 $761.00
Medical, Dental, & Vision $836.00 $841.00

 

2. Reduced COBRA Premium for Employees Available for Work Effective July 1, 2005
The Board has established a subsidized premium during the first six months of COBRA for participants who are available for work in the industry. A participant is available for work in the industry if he or she is employed by a Contributing Employer or if the participant is registered on the Pipe Fitters’ Association, Local 597 U.A. out of work list and is currently eligible for referral, as provided in Section 3.03(E) on page 17 of the SPD booklet.

This change was originally planned for January 1, 2006, but is being implemented earlier. As of July 1, 2005, the Subsidized Premium is set at 50% of the regular COBRA premium.

Because of the change in the COBRA rates provided in item 1 above, the Subsidized Premium amounts will also be adjusted effective October 1, 2005. This means that for participants who are available for work in the industry, the Subsidized COBRA Premium amounts effective October 1, 2005 are as follows: 1) for Medical only, the rate is $380.50 per month, and 2) for Medical, Dental, and Vision, the rate is $420.50 per month.

 
 
3. Retiree Premiums Adjusted Effective January 1, 2006
The Board has established a policy of adjusting the Retiree Premium every January 1. Retiree Premiums are established based on a percentage of the COBRA rates. For a person eligible for Medicare, the Premium is 9% of the COBRA rate. For a person not eligible for Medicare, the Standard Retiree Premium is 15% of the COBRA rate. Because the COBRA rates have been revised, the Standard Retiree Premiums will be adjusted effective January 1, 2006. The old and new monthly rates are as follows:

Standard Retiree Rates
  Previous Rates Rates Effective January 1, 2006
Person eligible for Medicare $75.00 $76.00
Person not eligible for Medicare $125.00 $126.00

 
 
4. Upon a participant’s death, enhanced options for a surviving spouse age 60 or older
Under the Plan’s COBRA provision, your eligible Dependents, including your surviving spouse, are allowed to purchase up to 36 months of COBRA coverage upon your death. Effective April 1, 2005, the Fund will provide Surviving Spouse Medical Benefits as an alternative to COBRA to your surviving spouse under certain circumstances. This new benefit does not apply to other Dependents who will continue to have the option of electing COBRA coverage. Effective April 1, 2005, Section 3.03 (F) on page 17 of the SPD booklet is deleted and a new Section 3.05 is adopted as follows:

3.05 Eligibility For Surviving Spouse Medical Benefits Effective April 1, 2005

A.

Eligibility
  As an alternative to COBRA, your surviving spouse may be able to purchase Surviving Spouse Medical Benefits if each of the following conditions are met: 1) you die while covered under the Welfare Fund as an Active or Retired Employee, 2) your surviving spouse is at least age 60 on the date you die, and 3) your spouse is eligible to receive a surviving spouse benefit from the Pipe Fitter’s Retirement Fund, Local 597 immediately following your death. If these conditions are met, your spouse will have three months to make a one time election to purchase this coverage. If the spouse declines coverage, or fails to make timely payment for such coverage, this option terminates and will not be offered a second time.
 
 

i.

Benefits Prior to Medicare. The Surviving Spouse Medical Benefit prior to Medicare is the same benefit provided to dependent spouses of Retired Employees not yet eligible for Medicare described in Section 2.02 and the Prescription and Specialty Drug Benefit described in Section 2.04. The amount charged will be determined from time to time by the Board of Trustees and is expected to equal approximately 50% of the Active Employee COBRA rate. As of April 1, 2005 the charge is $377 per month. Effective January 1, 2006, the charge is $380 per month.
 
 

ii.

Benefits After Medicare Entitlement. The Surviving Spouse Medical Benefit after Medicare entitlement is the same benefit provided to dependent spouses of Retired Employees eligible for Medicare described in Section 2.03 and the Prescription and Specialty Drug Benefit described in Section 2.04. The amount charged will be determined from time to time by the Board of Trustees and is expected to equal approximately the full cost of such coverage. As of April 1, 2005 the charge is $300 per month.
     

B.

Termination Of Eligibility
  A surviving spouse will no longer be eligible to purchase the Surviving Spouse Medical Benefits if any of the following events occur.
     
 

i.

Failure to make timely payment in accordance with the Fund Office procedures.
     
 

ii.

Remarriage of the surviving spouse.

 

5. Combined annual out of pocket maximum of $5,000 for Prescription and Specialty Drugs
Previously, the Plan provided for a $5,000 out of pocket maximum for Prescription Drugs and a separate $5,000 annual out-of-pocket maximum for Specialty Drugs. This meant that a participant utilizing both Prescription and Specialty Drugs may have had to pay $10,000 for these two types of drugs. To address this issue, the Plan has been amended effective January 1, 2005, so that the out-of pocket maximum for Prescription and Specialty Drugs is combined for a total annual out of pocket maximum of $5,000 for all drugs. Accordingly, Section 2.04 on page 8 of the SPD booklet is restated to delete the separate out of pocket maximum for Specialty Drugs and to provide for a combined out of pocket maximum.

 

6. Dental cleanings/exams covered two times each calendar year

The Plan has been amended to allow two dental cleanings/exams during a calendar year instead of requiring six months between dental cleanings/exams. Effective January 1, 2005, Section 10.05 Covered Dental Expenses on page 36 of the SPD booklet is amended by restating Sections 10.05(A) and (B) as follows:

10.05 A. Two routine oral examinations per calendar year.

10.05 B. Two routine prophylaxis treatments by a Dentist or dental hygienist per calendar year.

7. Extended COBRA coverage during military service

For a participant entering the military, the maximum period of COBRA coverage is increased from 18 to 24 months. This change is effective for an election of medical benefits on or after December 10, 2004, and fulfills the requirements under the Veterans Benefits Improvement Act of 2004.

Plan Section 3.01(J), Effect of Military Service on Eligibility, on page 12 of the SPD booklet is amended to increase from 18 to 24 months the maximum period of COBRA coverage applicable to Options 1 and 2.

Under Option 1, you are offered COBRA coverage upon entering the military. Under Option 1, active Plan eligibility is suspended and you are relying on military and/or COBRA coverage for you and your dependents. Upon your discharge, your active Plan eligibility and Accumulation Account are reinstated. Option 1 is the default option and applies unless you elect Option 2

Under Option 2, you continue your active coverage under the Plan while you are in the military. Your Plan eligibility continues for as long as the hours in your Accumulation Account permit, after which you are offered COBRA coverage.

You can contact the Fund Office, if you have questions on how military service affects your eligibility.

 

8. Clarification of Retired Employee Eligibility Rule
Retirees who are otherwise eligible for Retired Employee Coverage are required to pay the applicable premium after the run-out of their accumulation account. However, there is an exception to this rule if the eligible spouse is receiving benefits as a result of his or her employment. To clarify this exception, effective January 1, 2005, Section 3.02(A) on page 14 of the SPD booklet is amended by adding the following paragraph at the end of item 3 as follows:

If you do not pay the applicable premium, your eligibility for Retired Employee Coverage will terminate and you will not be allowed to re-enroll at a later date. However, there is one exception to this rule: if your eligible spouse is receiving medical benefits as a result of their current employment, you may defer covering your spouse under this Fund’s retiree medical coverage until his or her employment based coverage terminates.

 

9. Reimbursement of weekly disability benefits for non-work related incidents eliminated
Under the Plan’s subrogation and reimbursement rules, the Fund is entitled to 100% reimbursement of medical bills and weekly disability benefits paid on an injured participant’s behalf, where the participant subsequently receives payment from a responsible third party. However, effective for settlements approved after August 24, 2005, Section 17.01 at page 45 is amended to provide that the Fund will no longer seek reimbursement of weekly disability benefits in the case of a non-work related injury. It should be noted that non-work related disabilities will continue to count against the two-period limit during a 60 month period, as provided in Section 6.01 at page 22 of the SPD booklet.

The rule is different for a work-related disability. For a work-related disability, the Fund is still entitled to 100% reimbursement of weekly disability benefits paid on an injured participant’s behalf, where the participant subsequently receives payment from a responsible third party. With regard to the two-period limit for weekly disability benefits during a 60 month period, a work-related disability will not count against this limit when the Fund receives 100% reimbursement of medical bills and weekly disability benefits paid on the participant’s behalf.

 

10. Higher Welfare Fund premiums for retirees working in related pipe fitting employment effective January 1, 2006
The Fund provides benefits for employees who work in the pipe fitting industry, including subsidized medical benefits for retirees.

For retirees who return to covered employment, the Fund receives contributions under the collective bargaining agreement. The Fund does not receive those contributions for retirees who work in the pipe fitting industry in a job not covered by the collective bargaining agreement. Accordingly, the Board has established a Related Employment Premium to recover some of the benefit expense for retirees working in related pipe fitting employment.

Under these provisions, a retiree must provide advance written notice of such employment. Retirees currently employed in related employment must provide advance written notice prior to the January 1, 2006 effective date. If advance notice is not provided, and the Fund learns of such employment, the retiree will owe additional payments as described in the example. Attached is a Notification Form for reporting related employment.

The related employment premium has been established effective January 1, 2006 as provided in new Section 3.02 (B-1) which has been added to the SPD booklet as follows:

3.02 B-1. Related Employment Premium For Retirees Working In Non-Covered Employment For An Employer Engaged In The Pipe Fitting Industry.

A.

Related Employment Premium
   
Effective January 1, 2006, the Related Employment Premium will be charged to eligible retirees who perform any work for an employer which is engaged in the Pipe Fitting Industry in the United States (Related Employment). An employer is engaged in the Pipe Fitting Industry if it performs contracts for or performs work within the Pipe Fitters’ Trade Jurisdiction as defined in the Area Agreement; Trade Jurisdiction applies to the type of work performed regardless of whether such work is performed within the Territorial Jurisdiction of the Local 597 Area Agreement.

If the retiree would otherwise be eligible at no charge due to the run-out of hours in his Accumulation Account, he will receive Active Employee Benefits and will be charged the Standard Premium for retiree coverage while engaged in Related Employment. After the run-out of hours in his Accumulation Account, a retiree will receive Retired Employee Coverage and will be charged the Related Employment Premium during any months of Related Employment.

The amount of the Related Employment Premium depends on the number of persons in the retiree’s family unit who are covered and whether each covered person is eligible for Medicare. In addition, the Related Employment Premium is capped at two persons per family unit (e.g., retiree plus spouse and child need pay only for two persons); where there are family units of more than two, the rates charged will be for the retiree and the youngest covered family member.

Effective January 1, 2006, the Related Employment Premiums applicable to a retiree who works in Non-Covered Employment in the Pipe Fitting Industry for any hours during a month are shown below:
 

    Related Employment Premium
    Premium per person eligible for Medicare: $151 per month
    Premium per person not eligible for Medicare: $252 per month
   
The rates of $151 and $252 have been set at 18% of the current COBRA rate for the Medicare covered persons and 30% of the current COBRA rate for the non-Medicare covered persons.

Whenever COBRA rates adjust in the future, these Related Employment Premiums shall also automatically be adjusted and shall be, respectively, 18% and 30% of the COBRA rate applicable at any future date.

Eligibility for Retired Employee Coverage is conditioned on the retired employee authorizing any applicable retiree self-payment or premium to be deducted from the retired employee’s monthly benefit received from the Pipe Fitters’ Retirement Fund Local 597.

The higher Related Employment Premium will be charged during the period of Related Employment. A retired employee will qualify to have the lower Standard Premium reinstated as of the calendar month which follows the later of 1) the date the Related Employment ceases and 2) the end of any arrearages due because of a failure to report Related Employment.
 

B. Duty to Report Non-Covered Employment in the Pipe Fitting Industry
   
As a condition of eligibility for any coverage, retirees are required to provide the Fund Office with advance written notice of any Related Employment.
       
C. Failure to Report Related Employment
   
A retiree who fails to report Related Employment, and therefore receives coverage without paying the Related Employment Premium, will be subject to the following provisions:
 
 

i.

During the remainder of his Related Employment, the retiree will be charged the applicable premium as follows: 1) the Standard Premium, if the Accumulation Account applies, or 2) the Related Employment Premium, if the Accumulation Account does not apply.
 
 

ii.

After terminating the Related Employment, the retiree will be charged the applicable Related Employment premium for a number of months equal to the number of months of Related Employment he failed to properly report. The amount of the applicable premium will be based on: 1) the current premium rates, and 2) the type and order of coverage (Medicare Eligible or Non-Medicare Eligible) received during the period of unreported Related Employment. In addition, the retiree will pay an additional Failure to Report Premium of $100.00 per month for each month of Related Employment he failed to report up to a maximum of $1,200.00.
 
EXAMPLE. Ben is retired with no dependents. He fails to report Related Employment and receives coverage for himself without paying the applicable premium. During his Related Employment there are three distinct types of coverage.

The first type of coverage is for three months of Active Employee Benefits based on his Accumulation Account during which he should have paid the Standard Premium for a person not eligible for Medicare ($126/mo). At the end of this first period, he exhausts his Accumulation Account.

The second type of coverage is for four months of Retired Employee Coverage for a person not eligible for Medicare during which he should have paid the Related Employment Premium for a person not eligible for Medicare ($252/mo). After the end of this second period, he becomes eligible for Medicare.

The third type of coverage is for two months when he is eligible for Medicare during which he should have paid the Related Employment Premium for a person who is eligible for Medicare ($151/mo). At the end of this third period, he terminates his Related Employment.

After he terminates the Related Employment, he will be charged the Related Employment Premium for nine months which is equal to the number of months of Related Employment he failed to properly report plus the $100.00 per month Failure to Report Premium.

This means that during the nine months after he terminates the Related Employment he will pay the Related Employment Premium that corresponds to the three periods noted above plus the $100.00 per month Failure to Report Premium. During the first three months, he will be charged $126/mo + $100.00/mo = $226/mo. During the next four months, he will be charged $252/mo +100/mo = $352/mo. During the next two months, he will be charged $151/mo +$100/mo = $251/mo. Thereafter, he will be charged the Standard Premium for a person eligible for Medicare ($76/mo).