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Long Term Disability |
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General
If a Member becomes Totally Disabled while
insured for the Long Term Disability Benefit, the Plan will pay the benefits for
which that Member is eligible in accordance with the provisions of this policy.
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Classification: Amount
All eligible persons under age 60: $1,000 no CPP offset
2 year own occupation
Integration provision: 85%
from all sources
Waiting Period: 26 weeks of Total Disability
Benefit Duration: up to five years or to age 60, whichever occurs first
Please note: The all source maximum benefit
entitlement will be determined in accordance with the following formula:
1,000 hours times the basic hourly rate
exclusive of overtime or any additional allowances as outlined in the Collective
Agreement in force at the onset of disability times 85 percent.
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Benefit Payment
Waiting Period
A Member must be Totally Disabled for a period of 26
weeks or for the duration of the Weekly Indemnity
benefit period, whichever is greater.
If a Member, who has satisfied some but not all of the
Benefit Payment Waiting Period, returns to work for a
continuous period of 30 days or less and again
becomes Disabled as a result of the same sickness or
injury, such later Period of Disability will be deemed by
the Plan to be a continuation of the previous Period of
Disability, however, the Benefit Payment Waiting
Period will be extended by the number of days worked
by the Member during that period.
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Waiver of Premiums
No premium will be charged for this benefit for
a Member while Long Term Disability Benefits are payable under this
policy.
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Calculation of the Monthly Integrated Benefit
The Monthly Integrated Benefit shall be the Monthly
Benefit reduced by an amount equal to the sum of any
disability or retirement benefits for which the Member
is eligible under:
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- the Canada Pension Plan or Quebec
Pension Plan; and
- any workers’ compensation legislation in
Canada; and
- any government disability or retirement benefit
plans in any other jurisdiction.
However, no Benefit reduction shall be applied
until income from all disability related sources
exceeds 85% of the Member’s gross predisability
earnings at onset of disability and only to the
extent that the total income exceeds the 85%
threshold.
In no event, however, shall the Monthly Integrated
Benefit be less than the Minimum Monthly Benefit
shown in the Benefit Schedule.
For the purpose of the calculation of the Monthly
Integrated Benefit, any lump sum payment received
from any source specified in the definition of “Income
from All Sources” shall be converted to equivalent
monthly amounts for the period to which such
payments relate.
Government Source Income Integration Freeze
During any one Period of Disability, any Cost-of-Living
increase in disability benefits under a Government
Plan will not reduce the amount of the Monthly
Integrated Benefit otherwise payable under this policy
if the increase is effective after the due date of the first
payment to a Member under this benefit.
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Time of Payment
Subject to the terms and conditions of this
policy, the Long Term Disability Benefit shall be payable one month following the
expiration of the Benefit Payment Waiting Period and at the end of each monthly period
thereafter.
Taxability Status
The Plan will administer any payments made under
this benefit on the basis of the Taxability Status set out in the Benefit
Schedule. However, the Plan shall not be responsible for any taxes or penalties levied by
any government in connection with such benefit payments and shall not be liable to
the Policyholder or any Member or Employer for any such taxes or penalties.
Termination of Monthly Disability Benefit
Payments
Monthly Disability benefit payments payable to a
Disabled Member shall terminate on the earliest of the date the Member:
- engages in any occupation for wage or profit,
except as allowed by the provisions of this policy;
- fails to provide written proof satisfactory
to the Plan of continuance of Disability;
- fails to submit to any medical examination by
Physicians of the Plan’s choice;
- refuses to follow the treatment recommended
for his or her disabling condition by a Physician whose specialty encompasses such
disabling condition;
- is no longer receiving regular and ongoing
care of a Physician;
- refuses to enter into any Rehabilitation
Program that is considered to be appropriate by the Plan;
- fails to agree in writing to reimburse the
Plan, following written request to do so, for any amounts owed to the Plan;
- ceases to be Disabled;
- dies;
- starts to draw a Union Pension; or
- has received benefits for the Maximum
Benefit Payment Period as shown in the Policy.
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Recurrent Disability
If a Member who has received benefits under the Long
Term Disability Benefit of this policy returns to work for
a period of 180 days or less and again becomes
Disabled as a result of the same sickness or injury,
such later Period of Disability will be deemed by the
Plan to be a continuation of the previous Period of
Disability. No new Benefit Payment Waiting Period will
be required, however, no benefits are payable for any
period of such employment.
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Extension of Benefit Payments
If a Member’s insurance terminates while
Disabled, the Plan will continue to pay benefits, provided:
- the Member is receiving benefits under the
Long Term Disability Benefit of this policy, or is completing the Benefit
Payment Waiting Period on the date the insurance terminated;
- the Member was Disabled on the date the
insurance terminated;
- the Member has remained Disabled since the
date the insurance terminated; and
- notice of Disability is given by the Member
to the Plan within six months from:
- the commencement date of Disability with
respect to a Member who resides in the province of Quebec,
- the termination date of insurance with
respect to a Member who resides in a province other than Quebec.
In no event will benefit payments continue
beyond any date specified for the termination of benefit payments.
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Limitations
- The Plan will not pay benefits for any Period
of Disability which directly or indirectly results from or is contributed to by
a disability due to:
- a self-inflicted sickness or injury caused
while sane or insane,
- any act related to insurrection or war or
participation in a riot, or
- the Member’s commission or attempted
commission of any criminal offense (including an offense related to driving
a vehicle while under the influence of alcohol).
- No amount will be paid for any period:
- during which the Member is imprisoned, or
- on formal leave of absence taken by the
Member
- a Member collects Union Pension benefits.
- The Plan will not pay benefits for a Period
of Disability due to:
- the chronic use of alcohol or drugs
(prescribed or otherwise), or
- the use of any hallucinogen,
unless the Member is under active treatment and
is participating in a medically supervised rehabilitation program.
All substance abuse claims will
be paid a maximum WI benefit of 6 weeks, provided
they are in a rehabilitation centre and remain
there for the full course of treatment.
- No amount will be payable for any Period of
Disability which results from or is caused by a condition:
for which the Member was treated or attended by
a Physician, or for which prescription drugs were taken, during the 3
month period prior to the effective date of insurance,
until the Member has performed all the duties of
his or her regular occupation (on a Full-Time and Full-Pay Basis) for a 12
month period after the effective date of his or her insurance.
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Policyholder Subsidy
The Plan will pay an amount equal to 50% of the
remuneration of a Member who is actively participating in an approved
Rehabilitation Program provided by the Policyholder for the first 3 months of
participation in such Program.
The amount paid to the Member by the Plan will
be made as Additional Monthly Income, thus reducing the Policyholder’s
income payments by 50%.
The Plan’s subsidy shall apply only once
during any period of Disability.
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Eligibility for Total Disability Benefits
A Disabled Member will be eligible for Total
Disability Benefit payments if:
- the Member became Totally Disabled while
insured for the Total Disability Benefit,
- the Member’s Total Disability has continued
for a period in excess of the Benefit Payment Waiting Period shown in the
policy, and
- as a result of the Disability, the Member
- is absent from work,
- incurs a loss of Earnings, and
- is not engaged in any occupation for wage or
profit, except as specified under the subsection “Rehabilitation Program”.
The Member must submit proof of loss
satisfactory to the Plan.
Please Note: Members returning to work, must be cleared
in writing to do so by their physician.
Rehabilitation Program
If a Member receiving Total Disability Benefits
under this policy, participates in a Rehabilitation Program approved by the Plan, he
or she shall be eligible for Disability benefits while participating in the
program for a period of up to 24 months, or a longer period if deemed advisable
by the Plan. The Rehabilitation Program must be supervised by a Physician, and
is subject to the continued approval of the Plan.
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Amount of Benefit
For purposes of the calculation of the Monthly
Integrated Benefit, the Monthly Benefit shall be the Insured Amount shown in the
Policy.
The Total Disability Benefit amount shall be the
Monthly Integrated Benefit reduced by:
- 50% of the Member’s monthly Net (After-Tax)
Earnings under an approved Rehabilitation Program; and
- an amount equal to the amount by which the
Member’s
- Income from All Sources, plus
- 100% of the Member’s monthly Net
(After-Tax) Earnings under the Rehabilitation Program
exceeds 100% of the
Member’s monthly Inflation-Indexed, Pre-Disability Net (After-Tax)
Earnings.
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Definitions
When used in the provisions of the Long Term
Disability Benefit, each of the following terms is limited in meaning to the
definition shown.
Claim Anniversary Date
The date 12 months after the first day for which
benefits are payable, and each date 12 months thereafter during the same Period
of Disability.
Consumer Price Index
The Consumer Price Index published by Statistics
Canada.
If the Consumer Price Index is:
- no longer available,
- no longer published, or
- changed so that it no longer reasonably
reflects the rate of change in the cost of living,
then the Plan will
determine some other appropriate index to use for these calculations and the CPI Factor
will be based on such index.
CPI Factor
A ration calculated annually at the Claim
Anniversary Date by dividing the Consumer Price Index at Claim Anniversary Date*
by the Consumer Price Index at commencement date* of Disability, but
in no event will the CPI Factor be less than 1.
*The Consumer Price Index is published monthly
for a period several months in the past. For calculations based on the Consumer
Price Index, the index used will be that published for the month four months prior
to the date used for calculation. For example, for any date in January, the index used
will be that published for the preceding September.
Disability or Disabled
Respectively, Total Disability or Totally
Disabled.
Income from All Sources
The sum of any amounts for which the Member is
eligible as:
- disability or retirement benefits provided
under the Canada Pension Plan or Quebec Pension Plan (Primary and Secondary
Income benefits);
- any salary continuation from the Employer;
- any indemnity for loss of time provided under
any other group disability plan, including any professional association plan;
- any retirement income provided under any
retirement or pension plan of any other employer if the income commenced after the
commencement date of Disability;
- any indemnity for which the Member is
eligible under any Employment Insurance Act, Workers’ Compensation Law or
similar legislation;
- any amount paid or payable under any no-fault
automobile insurance policy for disability, loss of income, or wage
replacement, if permitted by law;
- Disability benefits paid by the Plan under
this policy.
Inflation-Indexed, Pre-Disability Net
(After-Tax) Earnings
Net (After-Tax) Earnings at commencement of
Disability times CPI Factor
Net (After-Tax) Earnings
A Member’s Earnings, excluding any Federal and
Provincial Income Taxes deducted, and non-voluntary pension plan
contributions.
Period of Disability
The period of time from and including the date
on which a Member becomes disabled until the Member ceases to be Disabled due to
the same sickness or injury.
Primary Income Benefits
Disability income benefits for which a Member is
eligible under the Canada Pension Plan or Quebec Pension Plan, whether or
not the Member has dependent children.
Rehabilitation Program
A program of job training or work-related
activity approved by the Plan designed to facilitate a Disabled Member’s
return to employment or any other gainful employment for which the Member is or
may become qualified.
Secondary Income Benefits
Disability income benefits for which a Member is
eligible under the Canada Pension Plan or Quebec Pension Plan, which are
in addition to Primary Income Benefits and are provided in respect of the
Member’s dependent children.
Total Disability or Totally Disabled
A condition due to sickness or accidental bodily
injury which requires the regular and ongoing care of a legally qualified
Physician appropriate to the sickness or injury and as a result of which the Member is
not engaged in any occupation for wage or profit and
- during the Own Occupation Disability Period,
is prevented from performing the substantial duties of his or her
own occupation;
- after the Own Occupation Disability Period,
is prevented from performing any gainful occupation
- for which the Member is or may become
reasonably qualified by training, education, or experience, and
- which will enable the Member to earn at least
67% of his or her Inflation-Indexed, Pre-Disability Earnings.
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