Dynegy Northeast Generation, Inc. Comprehensive Welfare Benefits Plan (Effective January 1, 2002)
This agreement consolidates several existing employee welfare benefit plans of Dynegy Northeast Generation, Inc. into a single, comprehensive plan effective January 1, 2002. The plan covers eligible employees and their dependents, outlining benefits, claims procedures, funding, administration, and legal rights. It also addresses compliance with federal laws such as COBRA, FMLA, and HIPAA. The plan is administered by the company and may be amended or terminated at the company's discretion. The agreement ensures uninterrupted benefits for employees while streamlining plan management.
Comprehensive Welfare Benefits Plan
Table of Contents | ||||
I. DEFINITIONS AND CONSTRUCTION | 1 | |||
1.1 Definitions | 1 | |||
1.2 Number and Gender | 3 | |||
1.3 Headings | 3 | |||
1.4 Reference to Plan Includes Constituent Benefit Programs | 3 | |||
1.5 Inconsistent Provisions in Constituent Benefit Program Documents | 3 | |||
1.6 Effect Upon Other Plans | 3 | |||
II. ESTABLISHMENT AND PURPOSE OF THE PLAN | 4 | |||
2.1 Establishment and Purpose of the Plan | 4 | |||
2.2 Intention to be Welfare Benefit Plan | 4 | |||
23 Incorporation of Constituent Benefit Programs | 4 | |||
III. PARTICIPATION AND DEPENDENT COVERAGE | 5 | |||
3.1 Eligible Employee Coverage | 5 | |||
3.2 Eligible Dependent Coverage | 5 | |||
3.3 Enrollment Without Regard to Medicaid Eligibility | 6 | |||
3.4 Special Enrollment Periods | 6 | |||
IV. THIRD PARTY LIABILITY | 7 | |||
4.1 Effect of Article | 7 | |||
4.2 Third Party Liability isPrimary asto Covered Expenses | 7 | |||
4.3 Plans Rights of Reimbursement For Covered Expenses Previously Paid | 7 | |||
4.4 Plans Exclusion of Coverage For Future Covered Expenses | 7 | |||
4.5 Plans Rights of Independent Legal Action | 7 | |||
4.6 Attorney Fees, Costs and Expenses | 8 | |||
4.7 Obligations of Participants | 8 | |||
4.8 Limitations on Plans Rights of Reimbursement | 8 | |||
V. BENEFIT CLAIMS PROCEDURE | 9 | |||
5.1 Claims For Benefits | 9 | |||
5.2 Definitions | 9 | |||
5.3 Filing of Benefit Claim | 10 | |||
5.4 Processing of Benefit Claim | 11 | |||
5.5 Notification of Adverse Benefit Determination | 12 | |||
5.6 Timing of Adverse Benefit Determination Notification Regarding Health Benefit Claims | 12 | |||
5.7 Timing of Adverse Benefit Determination Notification Regarding Disability Benefit Claims | 14 | |||
5.8 Timing of Adverse Benefit Determination Regarding Non-Health And Disability Claims | 14 | |||
5.9 Review of Adverse Benefit Determination Regarding Health or Disability Benefit Claims | 15 | |||
5.10 Review of Adverse Benefit Determination Regarding Non-Health and Disability Benefit Claims | 16 | |||
5.11 Notification of Benefit Determination on Review | 16 |
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5.12 Timing of Notification Regarding Review of Health Benefit Claims | 17 | |||
5.13 Timing of Notification Regarding Review of Disability Benefit Claims | 18 | |||
5.14 Timing of Notification Regarding Review of Non-Health or Disability Claims | 18 | |||
5.15 Exhaustion of Administrative Remedies | 18 | |||
5.16 Payment of Benefits | 18 | |||
5.17 Authorized Representatives | 19 | |||
VI. FUNDING OF PLAN | 20 | |||
6.1 Source of Benefits | 20 | |||
6.2 Participant Contributions | 20 | |||
6.3 HMO Premiums | 20 | |||
6.4 Insurance Premiums | 20 | |||
6.5 Trust | 20 | |||
VII. ADMINISTRATION OF PLAN | 21 | |||
7.1 Plan Administrator | 21 | |||
7.2 Discretion to Interpret Plan | 21 | |||
7.3 Powers and Duties | 21 | |||
7.4 Expenses | 22 | |||
7.5 Right to Delegate | 22 | |||
7.6 Reliance on Reports, Certificates, and Participant Information | 23 | |||
7.7 Indemnification | 23 | |||
7.8 Fiduciary Duty | 23 | |||
7.9 Compensation and Bond | 23 | |||
VIII. AMENDMENT AND TERMINATION OF PLAN | 24 | |||
8.1 Right to Amend | 24 | |||
8.2 Right to Terminate | 24 | |||
8.3 Effect of Amendment Or Termination | 24 | |||
8.4 Delegation to Benefit Plans Committee | 24 | |||
8.5 Effect of Oral Statements | 24 | |||
IX. MISCELLANEOUS PROVISIONS | 25 | |||
9.1 No Guarantee of Employment | 25 | |||
9.2 Payments to Minors and Incompetents | 25 | |||
9.3 No Vested Right to Benefits | 25 | |||
9.4 Nonalienation of Benefits | 25 | |||
9.5 Unknown Whereabouts | 26 | |||
9.6 Participating Employers | 26 | |||
9.7 Notice and Filing | 26 | |||
9.8 Incorrect Information, Fraud, Concealment, or Error | 27 | |||
9.9 Medical Responsibilities | 27 | |||
9.10 Compromise of Claims | 27 | |||
9.11 Electronic Administration | 27 | |||
9.12 Tax Payments | 27 | |||
9.13 Compensation and Bond | 28 | |||
9.14 Jurisdiction | 28 | |||
9.15 Severability | 28 |
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X. QUALIFIED MEDICAL CHILD SUPPORT ORDERS | 29 | |||
XI. COBRA CONTINUATION COVERAGE | 30 | |||
XII. FMLA COVERAGE | 31 | |||
XIII. USERRA | 32 | |||
XIV. RESTRICTIONS REGARDING PROTECTED HEALTH INFORMATION | 33 | |||
14.1 Purpose of Article | 33 | |||
14.2 Provision of Information to the Company Pursuant to Authorization | 33 | |||
14.3 Provision of Summary Health Information to Company | 33 | |||
14.4 General Provision of Health Information to Company | 33 | |||
14.5 Adequate Separation | 35 | |||
14.6 Privacy Officer | 36 | |||
14.7 Coverage and Effective Date | 38 | |||
APPENDIX A | A-1 | |||
APPENDIX B | B-1 |
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Definitions and Construction
(1) | Administrative Services Agreement: The agreement(s) entered into with each individual or entity providing administrative services with respect to one or more Constituent Benefit Programs. | |
(2) | Administrative Services Provider: Any individual or entity operating under an Administrative Services Agreement to provide administrative services with respect to any benefits offered under one or more of the Constituent Benefit Programs. | |
(3) | Board: The board of directors of the Company. | |
(4) | Cafeteria Plan: The cafeteria plan, if any, established by the Employer under section 125 of the Code. | |
(5) | Code: The Internal Revenue Code of 1986, as amended. | |
(6) | Benefit Plans Committee: The Committee to which the Board has delegated certain Plan sponsor powers. | |
(7) | Company: Dynegy Northeast Generation, Inc. | |
(8) | Compensation: Unless otherwise specifically provided in a Constituent Benefit Program, the annual base pay paid by the Employer to or for the benefit of a Participant for services performed for the Employer. | |
(9) | Condition: Any sickness, injury, or other mental or physical disability giving rise to the payment of benefits under the Plan. | |
(10) | Constituent Benefit Programs: The benefit programs listed on Appendix B to the Plan, as such programs and such Appendix B may be amended from time to time. | |
(11) | Constituent Benefit Program Document(s): The written document(s) setting forth the terms of the applicable Constituent Benefit Program, including, but not limited to, the benefits provided, the eligibility and enrollment requirements, the conditions of dependent coverage, if applicable, the termination of coverage, and the terms and conditions of benefit payments under each Constituent Benefit Program, as may be amended from time to time. Appendix B describes the Constituent Benefit Program Document or Constituent Benefit Program Documents for each Constituent Benefit Program. Appendix B also describes which Employers maintain which Constituent Benefit Programs for their Eligible Employees. | |
(12) | Covered Eligible Dependent: Each Eligible Dependent who is covered under the Plan pursuant to Section 3.2. |
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(13) | Effective Date: January l, 2002, except as otherwise stated herein and except that provisions of the Plan required to have an earlier effective date by applicable statute and/or regulation shall be effective as of the required effective date in such statute and/or regulation. | |
(14) | Eligible Dependent: With respect to an Eligible Employee, each person who by virtue of a relationship to such Eligible Employee is eligible for coverage under a Constituent Benefit Program. | |
(15) | Eligible Employee: Each individual who is eligible for coverage under a Constituent Benefit Program because of current or former employment with the Employer. Notwithstanding any provision of the Plan to the contrary, no individual who is designated, compensated, or otherwise classified or treated by the Employer as an independent contractor, leased employee, or other non-common law employee shall be an Eligible Employee, unless a Constituent Benefit Program specifically and expressly provides otherwise. | |
(16) | Employer: The Company and each Participating Employer. | |
(17) | ERISA: The Employee Retirement Income Security Act of 1974, as amended. | |
(18) | Group Health Plan: Each Constituent Benefit Program, which is a group health plan within the meaning of section 5000(b)(l) of the Code, and/or a group health plan within the meaning of section 607(1) of ERISA, as applicable, and for purposes of Article XII, is either a group health plan within the meaning of section 5000(b)(l) of the Code or any Constituent Benefit Program designated by the Employer as a Group Health Plan for purposes of FMLA Leave. | |
(19) | HMO: Any health maintenance organization or similar organization or network of individuals or organizations that has contracted to provide medical, dental, and/or other health-related benefits to Participants and Covered Eligible Dependents. | |
(20) | Insured Constituent Benefit Program: Each Constituent Benefit Program whose benefits are provided by an Insurer. | |
(21) | Insurer: Any insurance company that has contracted to provide benefits under a Constituent Benefit Program. | |
(22) | Participant: Each Eligible Employee who is a participant in the Plan pursuant to Article III and, where reference is appropriate, each Covered Eligible Dependent. | |
(23) | Participating Employer: Any subsidiary or affiliate of the Company, or any other entity permitted by law to do so, that has been designated by the Company as a participating employer and participates in the Plan with respect to one or more Constituent Benefit Programs. | |
(24) | Plan: The Dynegy Northeast Generation, Inc. Comprehensive Welfare Benefits Plan. |
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(25) | Plan Administrator: An individual, committee or entity appointed by the Board to perform, in a fiduciary capacity as administrative fiduciary, certain identified duties and responsibilities with respect to the administration of the Plan and/or a Constituent Benefit Program. | |
(26) | Plan Year: The twelve-consecutive month period commencing on January 1 of each year. | |
(27) | Recovery: An amount obtained by or for the benefit of a Participant or Covered Eligible Dependent from a Third Party, such Third Partys liability carrier, or in the case of uninsured or underinsured motorist coverage, from such Participants or Covered Eligible Dependents automobile insurance carrier because of a Condition for which a Third Party is legally liable. In the case of a Recovery which, in whole or in part, includes assets other than cash or cash equivalents, the Plan Administrator shall determine the monetary value thereof. | |
(28) | Third Party: Any individual or entity who or which is or may be liable to a Participant or Covered Eligible Dependent for a Condition or for payment of damages or expenses related to a Condition. |
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Establishment and Purpose of the Plan
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Participation and Dependent Coverage
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Third Party Liability
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Benefit Claims Procedure
(1) | Adverse Benefit Determination: Any denial, reduction or termination of or failure to provide or make payment (in whole or in part) for a Plan benefit, including any denial, reduction, termination or failure to provide or make payment that is based on a determination of a Claimants eligibility to participate in the Plan, and including with respect to health benefits a denial, reduction, termination or failure to provide or make payment resulting from the application of any utilization review, as well the failure to cover an item or service for which benefits are otherwise provided because it is determined to be experimental, investigational or not medically necessary or appropriate. Further and with respect to health benefits, any reduction or termination of an ongoing course of treatment prior to its scheduled expiration will be treated as an Adverse Benefit Determination regarding a Concurrent Care Claim. Further, any invalidation of a claim for failure to furnish written proof of loss or to comply with the claim submission procedure will be treated as an Adverse Benefit Determination. | ||
(2) | Benefits Administrator: The person or office to whom the Plan Administrator that has powers and duties of benefit claims administration has delegated day-to-day Plan administration responsibilities and who, pursuant to such delegation, processes Plan benefit claims in the ordinary course or if none has been so designated, the Plan Administrator that has powers and duties of benefits claims administration. | ||
(3) | Claimant: A Participant or beneficiary or an authorized representative of such Participant or beneficiary who has filed or desires to file a claim for a Plan benefit. |
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(4) | Concurrent Care Claim: Any request to extend an ongoing course of a health benefit treatment beyond the period of time or number of treatments that has previously been approved under the Plan. | ||
(5) | Health Care Professional: A physician or other health care professional licensed, accredited or certified to perform specified health services consistent with State law. | ||
(6) | Independent Fiduciary: The person or entity retained by the Plan Administrator to perform the review of an Adverse Benefit Determination, who will be an individual other than (a) the individual who made the Adverse Benefit Determination that is the subject of the review and (b) the subordinate of such individual. | ||
(7) | Post-Service Claim: Any claim for a Plan health benefit that is not a Pre-Service Claim. | ||
(8) | Pre-Service Claim: Any claim for a Plan health benefit the terms of which condition receipt thereof, in whole or in part, on approval of the benefit in advance of obtaining medical care. | ||
(9) | Urgent Care Claim: Any Plan health benefit claim for medical care or treatment with respect to which the application of the time periods otherwise applicable to such claim (a) could seriously jeopardize, as determined either by a physician with knowledge of the Claimants medical condition or by the Benefits Administrator (applying the judgment of a prudent layperson who possesses an average knowledge of health and medicine), the Claimants life, health or ability to regain maximum function, or (b) would subject the Claimant, in the opinion of a physician with knowledge of the Claimants medical condition, to severe pain that cannot be adequately managed without the care or treatment that is the subject of the claim. |
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(1) | All materials submitted to the Benefits Administrator by the Claimant in connection with the claim; | ||
(2) | A written description of why the Benefits Administrator was of the view that the Claimants right to the benefit, payable at the time or times and in the form requested, was not clear; | ||
(3) | A description of all Plan provisions pertaining to the benefit claim; | ||
(4) | Where appropriate, a summary as to whether such Plan provisions have in the past been consistently applied with respect to other similarly situated Claimants; and | ||
(5) | Such other information as may be helpful or relevant to the Plan Administrator in its consideration of the claim. |
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(1) | State the specific reason or reasons for the Adverse Benefit Determination; | ||
(2) | Provide specific reference to pertinent Plan provisions on which the Adverse Benefit Determination is based; | ||
(3) | In the case of a health or disability benefit claim and if an internal rule, guideline, protocol or other similar criterion was relied upon in making the Adverse Benefit Determination, either provide such criterion or state that such criterion was relied upon and that a copy of the criterion will be provided free of charge to the Claimant upon request; | ||
(4) | In the case of a health or disability benefit claim and if the Adverse Benefit Determination is based on a medical necessity, experimental treatment or similar exclusion or limit, either explain the scientific or clinical judgment for the determination, applying the terms of the Plan to the Claimants medical circumstances, or state that such explanation will be provided free of charge to the Claimant upon request; | ||
(5) | Describe any additional material or information necessary for the Claimant to perfect the claim and explain why such material or information is necessary; | ||
(6) | Describe the Plans review procedures and time limits applicable to such procedures, including a statement of the Claimants right to bring a civil action under section 502(a) of ERISA following an Adverse Benefit Determination on review; and | ||
(7) | If an Urgent Care Claim is involved, provide a description of the expedited review process available for Urgent Care Claims (see Section 5.12). |
(1) | In the case of an Urgent Care Claim other than a Concurrent Care Claim, as soon as possible, taking into account the medical exigencies, but not later than seventy-two hours after the claim is filed with the Plan Administrator; provided, however, that if additional information from the Claimant is necessary to complete the claim, the Claimant will be notified within twenty-four hours after such claim is filed with the Plan Administrator and will be given at least forty-eight hours to provide the specified information, and notice of the Plan Administrators benefit determination will be provided to the Claimant within forty-eight hours after the earlier of (a) the Plan Administrators receipt of the specified information or (b) the end of the period afforded the Claimant to provide the specified information. In addition, such notification may be provided orally (provided that written or electronic notification is provided within three days following such oral notification). |
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(2) | In the case of a properly submitted Urgent Care Claim that is a Concurrent Care Claim, if such claim is made at least 24 hours prior to the scheduled expiration of treatment, notice of the disposition of the claim will be furnished to the Claimant as soon as possible, taking into account the medical exigencies, but not later than 24 hours after such claim is filed with the Plan Administrator. If such claim is not made at least twenty-four hours prior to the scheduled expiration of treatment, the claim shall be governed by Clause (1) above. | ||
(3) | In the case of a decision to reduce or terminate a previously approved ongoing course of health benefit treatment that was to be provided over a period of time or a number of treatments, the Plan Administrator shall notify the Claimant of the Adverse Benefit Determination at a time sufficiently in advance of the reduction or termination to allow the Claimant to appeal and obtain a determination on review of such Adverse Benefit Determination before the benefit is reduced or terminated. | ||
(4) | In the case of a Pre-Service Claim not described in Clauses (1) through (3) above, the Plan Administrator shall notify the Claimant of the Adverse Benefit Determination within a reasonable period of time appropriate to the medical circumstances but not later than fifteen days after receipt of the claim by the Plan (which period may be extended one time for up to an additional fifteen days provided that the Plan Administrator both determines that such extension is necessary due to matters beyond the control of the Plan and notifies the Claimant prior to the expiration of the initial fifteen-day period of the circumstances requiring the extension of time and the date by which the Plan expects to render a decision). | ||
(5) | In the case of a Post-Service Claim not described in Clauses (1) through (3) above, the Plan Administrator shall notify the Claimant of the Adverse Benefit Determination within a reasonable period of time but not later than thirty days after receipt of the claim (which period may be extended one time for up to fifteen days provided that the Plan Administrator both determines that such extension is necessary due to matters beyond the control of the Plan and notifies the Claimant prior to the expiration of the initial thirty-day period of the circumstances requiring the extension of time and the date by which the Plan expects to render a decision). |
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(1) | To exercise the right to request a review of an Adverse Benefit Determination, a Claimant must submit a written request for such review to the Plan Administrator not later than 180 days following receipt by the Claimant of the Adverse Benefit Determination notification; | ||
(2) | The Claimant shall have the opportunity to submit written comments, documents, records, and other information relating to the claim for benefits to the Plan Administrator or, as applicable, to the Independent Fiduciary; | ||
(3) | The Claimant shall have the right to have all comments, documents, records, and other information relating to the claim for benefits that have been submitted by the Claimant considered on review without regard to whether such comments, documents, records or information was considered in the initial benefit determination; | ||
(4) | The Claimant shall have reasonable access to, and copies of, all documents, records, and other information relevant to the claim for benefits free of charge upon request, including (a) documents, records or other information relied upon for the benefit determination, (b) documents, records or other information submitted, considered or generated without regard to whether such documents, records or other information were relied upon in making the benefit determination, (c) documents, records or other information that demonstrates compliance with the standard claims procedure in making the benefit determination on the Claimants claim, and (d) documents, records or other information that constitutes a statement of policy or guidance with respect to the Plan concerning the denied treatment option or benefit for the Claimants diagnosis, without regard to whether such statement of policy or guidance was relied upon in making the benefit determination; | ||
(5) | The review of the Adverse Benefit Determination shall not give deference to the original decision; | ||
(6) | The review of the Adverse Benefit Determination shall be conducted solely by an Independent Fiduciary; | ||
(7) | If the initial benefit determination was based in whole or in part on a medical judgment, including determinations with regard to whether a particular treatment, drug or other item is experimental, investigational or not medically necessary or appropriate, the Independent Fiduciary conducting the review shall consult with a Health Care Professional with appropriate training and experience in the applicable field of medicine who was not consulted, and is not the subordinate of someone who was consulted, during the initial benefit determination; and | ||
(8) | The Claimant shall have the right to have identified to him the medical or vocational experts whose advice was obtained in connection with the Adverse Benefit Determination (without regard to whether the advice was relied upon in making such determination). |
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(1) | The Claimant must submit a written request for such review to the Plan Administrator not later than 60 days following receipt by the Claimant of the Adverse Benefit Determination notification; | ||
(2) | The Claimant shall have the opportunity to submit written comments, documents, records, and other information relating to the claim for benefits to the Plan Administrator; | ||
(3) | The Claimant shall have the right to have all comments, documents, records, and other information relating to the claim for benefits that have been submitted by the Claimant considered on review without regard to whether such comments, documents, records or information was considered in the initial benefit determination; and | ||
(4) | The Claimant shall have reasonable access to, and copies of, all documents, records, and other information relevant to the claim for benefits free of charge upon request, including (a) documents, records or other information relied upon for the benefit determination, (b) documents, records or other information submitted, considered or generated without regard to whether such documents, records or other information were relied upon in making the benefit determination, and (c) documents, records or other information that demonstrates compliance with the standard claims procedure. |
(1) | State the specific reason or reasons for the Adverse Benefit Determination; | ||
(2) | Provide specific reference to pertinent Plan provisions on which the Adverse Benefit Determination is based; |
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(3) | State 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 Claimants claim for benefits including (a) documents, records or other information relied upon for the benefit determination, (b) documents, records or other information submitted, considered or generated without regard to whether such documents, records or other information were relied upon in making the benefit determination, (c) documents, records or other information that demonstrates compliance with the standard claims procedure in making the benefit determination on the Claimants claim, and (d) in the case of claims regarding health or disability benefits, documents, records or other information that constitutes a statement of policy or guidance with respect to the Plan concerning the denied treatment option or benefit for the Claimants diagnosis, without regard to whether such statement of policy or guidance was relied upon in making the benefit determination. | ||
(4) | Describe the Claimants right to bring an action under section 502(a) of ERISA; |
(1) | If an internal rule, guideline, protocol or other similar criterion was relied upon in making the Adverse Benefit Determination, either provide such criterion or state that such criterion was relied upon and that a copy of the criterion will be provided free of charge to the Claimant upon request; | ||
(2) | If the Adverse Benefit Determination is based on a medical necessity, experimental treatment or similar exclusion or limit, either explain the scientific or clinical judgment for the determination, applying the terms of the Plan to the Claimants medical circumstances, or state that such explanation will be provided free of charge to the Claimant upon request; | ||
(3) | Include the following statement: You and your plan may have other voluntary alternative dispute resolution options, such as mediation. One way to find out what may be available is to contact your local U.S. Department of Labor Office and your State insurance regulatory agency. |
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Funding of Plan
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Administration of Plan
(1) | To make and enforce such rules, regulations, and procedures as it may deem necessary or proper for the orderly and efficient administration of the Plan and/or a Constituent Benefit Program with respect to the duties and responsibilities of such Plan Administrator as described on Appendix B; | ||
(2) | With the consent of the Company, to enter into an Administrative Services Agreement with an individual or entity; | ||
(3) | In its discretion and as applicable with respect to the duties and responsibilities of such Plan Administrator as described on Appendix B, to interpret and decide all matters of fact in granting or denying benefits under the Plan and/or a Constituent Benefit Program its interpretation and decision thereof to be final and conclusive on all persons claiming benefits under the Plan and/or a Benefit Constituent Program; |
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(4) | In its discretion and as applicable with respect to the duties and responsibilities of such Plan Administrator as described on Appendix B, to determine eligibility under the terms of the Plan and/or a Constituent Benefit Program, its determination thereof to be final and conclusive on all persons; | ||
(5) | In its discretion and as applicable with respect to the duties and responsibilities of such Plan Administrator as described on Appendix B, to determine the amount of and authorize the payment of benefits under the Plan and/or a Constituent Benefit Program, its determination and authorization thereof to be final and conclusive on all persons; | ||
(6) | To prepare and distribute information explaining the Plan and/or a Constituent Benefit Program to the extent pertaining to provisions of the Plan as to which the Plan Administrator has duties and responsibilities as described on Appendix B; | ||
(7) | To obtain from the Employer, Employees, beneficiaries, and Eligible Dependents such information as may be necessary for the proper administration of the Plan and/or a Constituent Benefit Program; | ||
(8) | With the consent of the Company, to appoint an Administrative Services Provider; and | ||
(9) | With the consent of the Company, to sue or cause suit to be brought in the name of the Plan. |
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(1) | Solely in the interest of Participants and for the exclusive purpose of providing benefits to Participants, Covered Eligible Dependents, and their beneficiaries and of defraying reasonable expenses of administering the Plan; | ||
(2) | With the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims; and | ||
(3) | In accordance with the documents and instruments governing the Plan insofar as such documents and instruments are consistent with applicable law. |
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Amendment and Termination of Plan
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Miscellaneous Provisions
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Qualified Medical Child Support Orders
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COBRA Continuation Coverage
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FMLA Coverage
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USERRA
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RESTRICTIONS REGARDING
PROTECTED HEALTH INFORMATION
(1) | For the purpose of enabling the Company to obtain premium bids from health insurers for providing health insurance coverage under the Plan; | ||
(2) | For purposes of determining whether and, if so, how to modify or amend the Plan; or | ||
(3) | For purposes of determining whether and, if so, how to terminate the Plan, in whole or in part. |
(1) | The Company will not use or further disclose the information other than as permitted or required by the Plan documents or as required by law or the Regulations as set forth in the Dynegy Inc. and Affiliates Employee Plan Protected Health Information Privacy Policy (the Privacy Policy); |
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(2) | The Company will ensure that any agents, including a subcontractor, to whom it provides PHI received from the Plan agree to the same restriction and conditions that apply to the Company with respect to such information; | ||
(3) | The Company will not use or disclose the information for employment- related actions and decisions or in connection with any other benefit or employee benefit plan of the Company; | ||
(4) | The Company will report to the Plan any use or disclosure of the information that is inconsistent with the uses or disclosures provided for of which it becomes aware; | ||
(5) | The Company will make available to Participants PHI in accordance with Section 164.524 of the Regulations as set forth in the Privacy Policy; | ||
(6) | The Company will make available to Participants PHI for amendment and incorporate any amendments to PHI in accordance with Section 164.526 of the Regulations as set forth in the Privacy Policy; | ||
(7) | The Company will make available to Participants the information required to provide an accounting of disclosures in accordance with Section 164.528 of the Regulations as set forth in the Privacy Policy; | ||
(8) | The Company will make its internal practices, books and records relating to the use and disclosure of PHI received from the Plan available to the Secretary of Health and Human Services for purposes of determining compliance by the Plan with the Regulations; | ||
(9) | If feasible, the Company will return or destroy all PHI received from the Plan that the Company still maintains in any form and retain no copies of such information when no longer needed for the purpose for which disclosure was made or if such return or destruction is not feasible, the Company will limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible; and | ||
(10) | The Company will ensure the adequate separation required pursuant to Section 14.5 below. |
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(1) | The only employees, classes of employees or other persons under the control of the Company to be given access to PHI disclosed to the Company or who receives PHI relating to payment under, health care operations of, or other matters pertaining to the Plan in the ordinary course of business are: those individuals employed by or providing services to the division of the Companys Human Resources Department which deals with the administration and processing of benefit claims under the Plan, the Plans fiduciaries (i.e., the Plan Administrator(s)), the members of the compensation committee of the Companys Board of Directors, the Plans Privacy Officer and other employees/individuals who have been identified by the Privacy Officer as persons who may have need to access PHI whether by virtue of being involved in the ongoing operation and administration of the Plan or being involved in such Plan sponsor activities that may entail bid proposals, etc. | ||
(2) | The access to and use by the Company and the other individuals and entities described in item (A) above is restricted to (i) the Plan administration functions that the Company performs in connection with the operation and administration of the Plan, (ii) the Plan sponsor functions with respect to which the Company is entitled to receive SHI pursuant to Section 14.4 above, (iii) uses and disclosures described in an authorization by the Plan Participant, and (iv) uses and disclosures that are described to Plan Participants in the Notice of Privacy Practices and Consent for Dynegy Inc. and Affiliates Plan Participants, as required by Section 164.520 of the Regulations. | ||
(3) | In the event that any person described in item (A) of this section fails to comply with any of the requirements of this section or of Section 14.4 above, the noncompliance shall be reported to the Plans Privacy Office in a report describing the name of the noncompliant person and a summary of the details regarding such persons noncompliance. Upon receipt of such report, the Plans Privacy Officer shall solicit a response from the person who has been reported as noncompliant giving such person the opportunity to contest the charge of noncompliance or to offer justification or other reasons why sanctions should not be imposed with respect to the noncompliance. The Plans Privacy Officer shall, after considering all details and facts and circumstances relating to an alleged act of noncompliance for which sanctions may be imposed pursuant to this item (C), determine if a sanction should be imposed (which sanction may range from a warning that subsequent acts of noncompliance may result in significant penalties to proposed dismissal from employment or termination of contract, as applicable). Upon determination of a sanction and if the sanction may be imposed under the authority of the Plans Privacy Officer, the sanction shall be imposed. If the sanction requires action of the Company, the Plans Privacy Officer shall confer with the appropriate executives of the Company. If the Company, following consideration of a proposed sanction from the Plans Privacy Officer for noncompliance with the requirements of sections 14.4 and 14.5 by a person or entity, determines not to impose such sanction, the Company shall advise the Plans Privacy Officer. In such event, the Plans Privacy Officer must consider and propose an alternative sanction for the noncompliant person or entity. |
-35-
(1) | To develop and propose to the Plan fiduciaries (i.e., the Plan Administrator) a protected health information policy for the Plan, which policy when adopted shall become the Privacy Policy. | ||
(2) | Provides development guidance and assists in the identification, implementation, and maintenance of information privacy policies and procedures in coordination with management and administration, and legal counsel. | ||
(3) | Performs initial and periodic information privacy risk assessments and conducts related ongoing compliance monitoring activities in coordination with information privacy compliance and operational assessment functions. | ||
(4) | Works with legal counsel and management, key departments, and committees to ensure the Company has and maintains appropriate privacy and confidentiality consent, authorization forms, and information notices and materials reflecting current organization and legal practices and requirements. | ||
(5) | Oversees, directs, delivers, or ensures delivery of initial and privacy training and orientation to all parties who may have access to PHI in connection with the Plan including Company employees, Plan service providers, contractors, Plan business associates, such as third-party administrators, COBRA vendors and utilization review organizations and other appropriate third parties. |
-36-
(6) | Participates in the development, implementation, and ongoing compliance monitoring of all trading partner and business associate agreements, to ensure all privacy concerns, requirements, and responsibilities are addressed. | ||
(7) | Establishes with management and operations a mechanism to identify all of the Companys plans and benefit arrangements which are covered entities for purposes of the laws governing PHI. | ||
(8) | Tracks and monitors access to PHI within the Company in connection with the operation and administration of the Plan and its sponsorship by the Company. | ||
(9) | Establishes rules to determine when to allow qualified individuals to review or receive a report on PHI privacy activity. | ||
(10) | Works cooperatively with the Human Resources Department and other applicable Company offices/personnel in overseeing Plan Participants rights to inspect, amend and restrict access to PHI when appropriate. | ||
(11) | Establishes and administers a process for receiving, documenting, tracking, investigating, and taking action on all complaints concerning privacy policies regarding the Plan and procedures in coordination and collaboration with other similar functions and, when necessary, legal counsel. | ||
(12) | Ensures compliance with privacy practices and consistent application of sanctions for failure to comply with Plan privacy policies for all individuals in the Companys workforce, extended workforce, and for all business associates, such as third-party administrators, COBRA vendors and utilization review organizations, in cooperation with Human Resources, administration, and legal counsel as applicable. | ||
(13) | Initiates, facilitates and promotes activities to foster information privacy awareness within the Company. | ||
(14) | Reviews all system-related information security plans throughout the Companys network to ensure alignment between security and privacy practices, and acts as a liaison to the information systems department. | ||
(15) | Works with all Company personnel and business associates, such as third- party administrators, COBRA vendors and utilization review organizations, involved with any aspect of release of Plan PHI, to ensure full coordination and cooperation under the Plans privacy policies and procedures and legal requirements. | ||
(16) | Maintains current knowledge of applicable federal and state privacy laws and monitors advancements in information privacy technologies to ensure organizational adaptation and compliance. | ||
(17) | Serves as information privacy consultant to the Company with respect to the Plan. |
-37-
DYNEGY NORTHEAST GENERATION, INC. | ||||
By: | /s/ Jane D. Jones | |||
Name: | Jane D. Jones |
-38-
Accidental Death and Dismemberment Insurance Plan
A-1
I. | Dynegy Northeast Generation, Inc. Group Medical Plan |
| Participating Employers: Dynegy Northeast Generation, Inc. | ||
| Constituent Benefit Plan Documents: Summary Plan Description and Administrative Services Contracts with MVP, Centrus and Complink. | ||
| Plan Administrators: With respect to benefits provided or administered under their respective contracts, MVP, Centrus and Complink shall serve as benefit claims and claims appeals fiduciaries for the Dynegy Northeast Generation, Inc. Group Medical Plan and shall have the following powers, duties and responsibilities: |
(1) | The sole discretionary authority to interpret and decide all matters of fact and Plan interpretation in granting or denying benefits under the Dynegy Northeast Generation, Inc. Group Medical Plan, such interpretation decision thereof to be final and conclusive on all persons claiming benefits under the Plan with respect to the Dynegy Northeast Generation, Inc. Medical Plan; | ||
(2) | The sole discretionary authority to determine and authorize payment of medical benefits under the Dynegy Northeast Generation, Inc. Medical Plan, any such decision thereof to be final and conclusive on all persons; | ||
(3) | The sole discretionary authority to process and determine benefit claims and benefit claims appeals under the Dynegy Northeast Generation, Inc. Medical Plan except to the extent the Plans claims procedures expressly provides otherwise; and | ||
(4) | Any such other powers and duties as the Company shall designate to be its fiduciary responsibility with respect to the Dynegy Northeast Generation, Inc. Medical Benefit Plan. |
B-1
(1) | In its sole discretionary authority, to determine eligibility under the terms of the Dynegy Northeast Generation, Inc. Medical Plan, its decision thereof to be final and conclusive on all persons; | ||
(2) | To prepare and distribute information explaining the Dynegy Northeast Generation, Inc. Medical Plan including, but not limited to, all materials and information required to be distributed pursuant to ERISA; | ||
(3) | To perform any and all reporting and disclosure required with respect to the Dynegy Northeast Generation, Inc. Medical Plan under applicable provisions of ERISA; | ||
(4) | To sue or cause suit to be brought in the name of the Plan with respect to the Dynegy Northeast Generation, Inc. Medical Plan; | ||
(5) | To correct any defect or supply any omission or recover any inconsistency that may appear in the Constituent Benefit Plan Documents with respect to the Dynegy Northeast Generation, Inc. Medical Plan, in such manner and to such extent as it deems expedient; and | ||
(6) | To employ and compensate such accountants, attorneys and other agents and employees as it may deem necessary or advisable in the appropriate and efficient administration of the Plan with respect to the Dynegy Northeast Generation, Inc. Medical Plan. |
II. | Dynegy Northeast Generation, Inc. Employee Assistance Plan |
| Participating Employers: Dynegy Northeast Generation, Inc. | ||
| Constituent Benefit Plan Documents: Summary Plan Descriptions and Administrative Services Contract with ENI. | ||
| Plan Administrators: With respect to benefits provided or administered under its contract, ENI shall serve as benefit claims and claims appeals fiduciary for the Dynegy Northeast Generation, Inc. Employee Assistance Plan and shall have the following powers, duties and responsibilities: |
(1) | The sole discretionary authority to interpret and decide all matters of fact and Plan interpretation in granting or denying benefits under the Dynegy Northeast Generation, Inc. Employee Assistance Plan, such interpretation decision thereof to be final and conclusive on all persons claiming benefits under the Plan with respect to the Dynegy Northeast Generation, Inc. Employee Assistance Plan; | ||
(2) | The sole discretionary authority to determine and authorize payment of medical benefits under the Dynegy Northeast Generation, Inc. Employee Assistance Plan, any such decision thereof to be final and conclusive on all persons; |
B-2
(3) | The sole discretionary authority to process and determine benefit claims and benefit claims appeals under the Dynegy Northeast Generation, Inc. Employee Assistance Plan except to the extent the Plans claims procedures expressly provides otherwise; and | ||
(4) | Any such other powers and duties as the Company shall designate to be its fiduciary responsibility with respect to the Dynegy Northeast Generation, Inc. Employee Assistance Plan. |
(1) | In its sole discretionary authority, to determine eligibility under the terms of the Dynegy Northeast Generation, Inc. Employee Assistance Plan, its decision thereof to be final and conclusive on all peisons; | ||
(2) | To prepare and distribute information explaining the Dynegy Northeast Generation, Inc. Employee Assistance Plan including, but not limited to, all materials and information required to be distributed pursuant to ERISA; | ||
(3) | To perform any and all reporting and disclosure required with respect to the Dynegy Northeast Generation, Inc. Employee Assistance Plan under applicable provisions of ERISA; | ||
(4) | To sue or cause suit to be brought in the name of the Plan with respect to the Dynegy Northeast Generation, Inc. Employee Assistance Plan; | ||
(5) | To correct any defect or supply any omission or recover any inconsistency that may appear in the Constituent Benefit Plan documents with respect to the Dynegy Northeast Generation, Inc. Employee Assistance Plan, in such manner and to such extent as it deems expedient; and | ||
(6) | To employ and compensate such accountants, attorneys and other agents and employees as it may deem necessary or advisable in the appropriate and efficient administration of the Plan with respect to the Dynegy Northeast Generation, Inc. Employee Assistance Plan. |
B-3
III. | Dynegy Northeast Generation, Inc. Medical Reimbursement Account Program |
| Participating Employers: Dynegy Northeast Generation, Inc. (until January 30, 2002) | ||
| Constituent Benefit Plan Documents: Dynegy Northeast Generation, Inc. Medical Reimbursement Spending Account Program; Summary Plan Description and Administrative Services Contract with TaxSaver, Inc. | ||
| Plan Administrators: With respect to spending account benefits provided or administered under its contract, TaxSaver, Inc. shall serve as benefits claims and claims appeal fiduciary for the Dynegy Northeast Generation, Inc. Medical Reimbursement Account Program and shall have the following powers, duties and responsibilities: |
(1) | The sole discretionary authority to interpret and decide all matters of fact and Plan interpretation in granting or denying benefits under the Dynegy Northeast Generation, Inc. Medical Reimbursement Account Program, such interpretation decision thereof to be final and conclusive on all persons claiming benefits under the Plan with respect to the Dynegy Northeast Generation, Inc. Medical Reimbursement Account Program; | ||
(2) | The sole discretionary authority to determine and authorize payment of medical benefits under the Dynegy Northeast Generation, Inc. Medical Reimbursement Account Program, any such decision thereof to be final and conclusive on all persons; | ||
(3) | The sole discretionary authority to process and determine benefit claims and benefit claims appeals under the Dynegy Northeast Generation, Inc. Medical Reimbursement Account Program except to the extent the Plans claims procedures expressly provides otherwise; and | ||
(4) | Any such other powers and duties as the Company shall designate to be its fiduciary responsibility with respect to the Dynegy Northeast Generation, Inc. Medical Reimbursement Account Program. |
(1) | All administrative responsibility with respect to salary reduction payroll processing; | ||
(2) | In its sole discretionary authority, to determine eligibility under the terms of the Dynegy Northeast Generation, Inc. Medical Reimbursement Account Program, its decision thereof to be final and conclusive on all persons; | ||
(3) | To prepare and distribute information explaining the Dynegy Northeast Generation, Inc. Medical Reimbursement Account Program including, but not limited to, all materials and information required to be distributed pursuant to ERISA; |
B-4
(4) | To perform any and all reporting and disclosure required with respect to the Dynegy Northeast Generation, Inc. Medical Reimbursement Account Program under applicable provisions of ERISA; | ||
(5) | To sue or cause suit to be brought in the name of the Plan with respect to the Dynegy Northeast Generation, Inc. Medical Reimbursement Account Program; | ||
(6) | To correct any defect or supply any omission or recover any inconsistency that may appear in the Constituent Benefit Plan Documents with respect to the Dynegy Northeast Generation, Inc. Medical Reimbursement Account Program, in such manner and to such extent as it deems expedient; and | ||
(7) | To employ and compensate such accountants, attorneys and other agents and employees as it may deem necessary or advisable in the appropriate and efficient administration of the Plan with respect to the Dynegy Northeast Generation, Inc. Medical Reimbursement Account Program. |
IV. | Dynegy Northeast Generation, Inc. Dependent Care Reimbursement Account Program |
| Participating Employers: Dynegy Northeast Generation, Inc. (until January 30, 2002) | ||
| Constituent Benefit Plan Documents: Dynegy Northeast Generation, Inc. Dependent Care Reimbursement Account Program; Summary Plan Description and Administrative Services Contract with TaxSaver, Inc. | ||
| Plan Administrators: With respect to spending account benefits provided or administered under its contract, TaxSaver shall have the following powers, duties and responsibilities: |
(1) | The sole discretionary authority to interpret and decide all matters of fact and Plan interpretation in granting or denying benefits under the Dynegy Northeast Generation, Inc. Dependent Care Reimbursement Account Program, such interpretation decision thereof to be final and conclusive on all persons claiming benefits under the Plan with respect to the Dynegy Northeast Generation, Inc. Dependent Care Reimbursement Account Program; | ||
(2) | The sole discretionary authority to determine and authorize payment of medical benefits under the Dynegy Northeast Generation, Inc. Dependent Care Reimbursement Account Program, any such decision thereof to be final and conclusive on all persons; |
B-5
(3) | The sole discretionary authority to process and determine benefit claims and benefit claims appeals under the Dynegy Northeast Generation, Inc. Dependent Care Reimbursement Account Program except to the extent the Plans claims procedures expressly provides otherwise; and | ||
(4) | Any such other powers and duties as the Company shall designate to be its fiduciary responsibility with respect to the Dynegy Northeast Generation, Inc. Dependent Care Reimbursement Account Program and the Plan. |
(1) | All administrative responsibility with respect to salary reduction payroll processing; | ||
(2) | In its sole discretionary authority, to determine eligibility under the terms of the Dynegy Northeast Generation, Inc. Dependent Care Reimbursement Account Program, its decision thereof to be final and conclusive on all persons; | ||
(3) | To prepare and distribute information explaining the Dynegy Northeast Generation, Inc. Dependent Care Reimbursement Account Program Plan including, but not limited to, all materials and information required to be distributed pursuant to ERISA; | ||
(4) | To perform any and all reporting and disclosure required with respect to the Dynegy Northeast Generation, Inc. Dependent Care Reimbursement Account Program under applicable provisions of ERISA; | ||
(5) | To sue or cause suit to be brought in the name of the Plan with respect to the Dynegy Northeast Generation, Inc. Dependent Care Reimbursement Account Program; | ||
(6) | To correct any defect or supply any omission or recover any inconsistency that may appear in the Constituent Benefit Plan Documents with respect to the Dynegy Northeast Generation, Inc. Dependent Care Reimbursement Account Program, in such manner and to such extent as it deems expedient; and | ||
(7) | To employ and compensate such accountants, attorneys and other agents and employees as it may deem necessary or advisable in the appropriate and efficient administration of the Plan with respect to the Dynegy Northeast Generation, Inc. Dependent Care Reimbursement Account Program. |
B-6
V. | Dynegy Northeast Generation, Inc. Group Life Insurance and Accidental Death and Dismemberment Insurance Plan |
| Participating Employers: Dynegy Northeast Generation, Inc. | ||
| Constituent Benefit Plan Documents: Summary Plan Description and Insurance Contract with Aetna Life Insurance Company. | ||
| Plan Administrators: With respect to benefits provided or administered under its contract, Aetna Life Insurance Company shall have the following powers, duties and responsibilities: |
(1) | The sole discretionary authority to interpret and decide all matters of fact and Plan interpretation in granting or denying benefits under the Dynegy Northeast Generation, Inc. Group Life Insurance Plan, such interpretation decision thereof to be final and conclusive on all persons claiming benefits under the Plan with respect to the Dynegy Northeast Generation, Inc. Group Life Insurance Plan; | ||
(2) | The sole discretionary authority to determine and authorize payment of medical benefits under the Dynegy Northeast Generation, Inc. Group Life Insurance Plan, any such decision thereof to be final and conclusive on all persons; | ||
(3) | The sole discretionary authority to process and determine benefit claims and benefit claims appeals under the Dynegy Northeast Generation, Inc. Group Life Insurance Plan except to the extent the Plans claims procedures expressly provides otherwise; and | ||
(4) | Any such other powers and duties as the Company shall designate to be its fiduciary responsibility with respect to the Dynegy Northeast Generation, Inc. Group Life Insurance Plan. |
(1) | In its sole discretionary authority, to determine elligibility under the terms of the Dynegy Northeast Generation, Inc. Group Life Insurance Plan, its decision thereof to be final and conclusive on all persons; | ||
(2) | To prepare and distribute information explaining the Dynegy Northeast Generation, Inc. Group Life Insurance Plan including, but not limited to, all materials and information required to be distributed pursuant to ERISA; |
B-7
(3) | To perform any and all reporting and disclosure required with respect to the Dynegy Northeast Generation, Inc. Group Life Insurance Plan under applicable provisions of ERISA; | ||
(4) | To sue or cause suit to be brought in the name of the Plan with respect to the Dynegy Northeast Generation, Inc. Group Life Insurance Plan; | ||
(5) | To correct any defect or supply any omission or recover any inconsistency that may appear in the Constituent Benefit Plan Documents with respect to the Dynegy Northeast Generation, Inc. Group Life Insurance Plan, in such manner and to such extent as it deems expedient; and | ||
(6) | To employ and compensate such accountants, attorneys and other agents and employees as it may deem necessary or advisable in the appropriate and efficient administration of the Plan with respect to the Dynegy Northeast Generation, Inc. Group Life Insurance Plan. |
VI. | Dynegy Northeast Generation, Inc. Long Term Disability Plan |
| Participating Employers: Dynegy Northeast Generation, Inc. | ||
| Constituent Benefit Plan Documents: Summary Plan Description. | ||
| Plan Administrator: The Company shall be the Plan Administrator with respect to any and all administrative fiduciary powers and duties with respect to the Dynegy Northeast Generation, Inc. Long Term Disability Plan, including, but not limited to, the following powers and duties: |
(1) | The sole discretionary authority to interpret and decide all matters of fact and Plan interpretation in granting or denying benefits under the Dynegy Northeast Generation, Inc. Long Term Disability Plan for Bargaining Unit Employees, such interpretation decision thereof to be final and conclusive on all persons claiming benefits under the Plan with respect to the Dynegy Northeast Generation, Inc. Long Term Disability Plan for Bargaining Unit Employees; | ||
(2) | The sole discretionary authority to determine and authorize payment of medical benefits under the Dynegy Northeast Generation, Inc. Long Term Disability Plan for Bargaining Unit Employees, any such decision thereof to be final and conclusive on all persons; | ||
(3) | The sole discretionary authority to process and determine benefit claims and benefit claims appeals under the Dynegy Northeast Generation, Inc. Long Term Disability Plan for Bargaining Unit Employees except to the extent the Plans claims procedures expressly provides otherwise; and |
B-8
(4) | Any such other powers and duties as the Company shall designate to be its fiduciary responsibility with respect to the Dynegy Northeast Generation, Inc. Long Term Disability Plan for Bargaining Unit Employees. | ||
(5) | In its sole discretionary authority, to determine eligibility under the terms of the Dynegy Northeast Generation, Inc. Long Term Disability Plan for Bargaining Unit Employees, its decision thereof to be final and conclusive on all persons; | ||
(6) | To prepare and distribute information explaining the Dynegy Northeast Generation, Inc. Long Term Disability Plan for Bargaining Unit Employees including, but not limited to, all materials and information required to be distributed pursuant to ERISA; | ||
(7) | To perform any and all reporting and disclosure required with respect to the Dynegy Northeast Generation, Inc. Long Term Disability Plan for Bargaining Unit Employees under applicable provisions of ERISA; | ||
(8) | To sue or cause suit to be brought in the name of the Plan with respect to the Dynegy Northeast Generation, Inc. Long Term Disability Plan for Bargaining Unit Employees; | ||
(9) | To correct any defect or supply any omission or recover any inconsistency that may appear in the Constituent Benefit Plan documents with respect to the Dynegy Northeast Generation, Inc. Long Term Disability Plan for Bargaining Unit Employees, in such manner and to such extent as it deems expedient; and | ||
(10) | To employ and compensate such accountants, attorneys and other agents and employees as it may deem necessary or advisable in the appropriate and efficient administration of the Plan with respect to the Dynegy Northeast Generation, Inc. Long Term Disability Plan for Bargaining Unit Employees. |
VII. | Dynegy Northeast Generation, Inc. Pre-Tax Premium and Benefits Program |
| Participating Employers: Dynegy Northeast Generation, Inc. (until January 30, 2002) | ||
| Constituent Benefit Plan Documents: Dynegy Northeast Generation, Inc, Pre-Tax Premium and Benefits Program, Summary Plan Description and Administrative Contract with TaxSaver, Inc. |
B-9
| Plan Administrators: With respect to spending account benefits provided or administered under its contracts, TaxSaver, Inc. shall have the following powers, duties and responsibilities: |
(1) | The sole discretionary authority to interpret and decide all matters of fact and Plan interpretation in granting or denying benefits under the Dynegy Northeast Generation, Inc. Pre-Tax Premium and Benefits Program, such interpretation decision thereof to be final and conclusive on all persons claiming benefits under the Plan with respect to the Dynegy Northeast Generation, Inc. Pre-Tax Premium and Benefits Program; | ||
(2) | The sole discretionary authority to determine and authorize payment of medical benefits under the Dynegy Northeast Generation, Inc. Pre-Tax Premium and Benefits Program, any such decision thereof to be final and conclusive on all persons; | ||
(3) | The sole discretionary authority to process and determine benefit claims and benefit claims appeals under the Dynegy Pre-Tax Premium and Benefits Program except to the extent the Plans claims procedures expressly provides otherwise; and | ||
(4) | Any such other powers and duties as the Company shall designate to be its fiduciary responsibility with respect to the Dynegy Northeast Generation, Inc. Pre-Tax Premium and Benefits Program. |
(1) | All administrative responsibility with respect to salary reduction payroll processing and pre-tax premium conversions; | ||
(2) | In its sole discretionary authority, to determine eligibility under the terms of the Dynegy Northeast Generation, Inc. Pre-Tax Premium and Benefits Program, its decision thereof to be final and conclusive on all persons; | ||
(3) | To prepare and distribute information explaining the Dynegy Northeast Generation, Inc. Pre-Tax Premium and Benefits Program including, but not limited to, all materials and information required to be distributed pursuant to ERISA; | ||
(4) | To perform any and all reporting and disclosure required with respect to the Dynegy Northeast Generation, Inc. Pre-Tax Premium and Benefits Program under applicable provisions of ERISA; | ||
(5) | To sue or cause suit to be brought in the name of the Plan with respect to the Dynegy Northeast Generation, Inc. Pre-Tax Premium and Benefits Program; |
B-10
(6) | To correct any defect or supply any omission or recover any inconsistency that may appear in the Constituent Benefit Plan Documents with respect to the Dynegy Northeast Generation, Inc. Pre-Tax Premium and Benefits Program, in such manner and to such extent as it deems expedient; and | ||
(7) | To employ and compensate such accountants, attorneys and other agents and employees as it may deem necessary or advisable in the appropriate and efficient administration of the Plan with respect to the Dynegy Northeast Generation, Inc. Pre-Tax Premium and Benefits Program. |
VIII. | Dynegy Northeast Generation, Inc. Business Travel Accident Plan |
| Participating Employers: Dynegy Northeast Generation, Inc. | ||
| Constituent Benefit Plan Documents: Summary Plan Description and Insurance Contract with Hartford Insurance Company. | ||
| Plan Administrators: With respect to benefits provided or administered under its contract, Hartford Insurance Company shall have the following powers, duties and responsibilities: |
(1) | The sole discretionary authority to interpret and decide all matters of fact and Plan interpretation in granting or denying benefits under the Dynegy Northeast Generation, Inc. Business Travel Accident Plan, such interpretation decision thereof to be final and conclusive on all persons claiming benefits under the Plan with respect to the Dynegy Northeast Generation, Inc. Business Travel Accident Plan; | ||
(2) | The sole discretionary authority to determine and authorize payment of medical benefits under the Dynegy Northeast Generation, Inc. Business Travel Accident Plan, any such decision thereof to be final and conclusive on all persons; | ||
(3) | The sole discretionary authority to process and determine benefit claims and benefit claims appeals under the Dynegy Northeast Generation, Inc. Business Travel Accident Plan except to the extent the Plans claims procedures expressly provides otherwise; and | ||
(4) | Any such other powers and duties as the Company shall designate to be its fiduciary responsibility with respect to the Dynegy Northeast Generation, Inc. Business Travel Accident Plan. |
B-11
(1) | In its sole discretionary authority, to determine eligibility under the terms of the Dynegy Northeast Generation, Inc. Business Travel Accident Plan, its decision thereof to be final and conclusive on all persons; | ||
(2) | To prepare and distribute information explaining the Dynegy Northeast Generation, Inc. Business Travel Accident Plan including, but not limited to, all materials and information required to be distributed pursuant to ERISA; | ||
(3) | To perform any and all reporting and disclosure required with respect to the Dynegy Northeast Generation, Inc. Business Travel Accident under applicable provisions of ERISA; | ||
(4) | To sue or cause suit to be brought in the name of the Plan with respect to the Dynegy Northeast Generation, Inc. Business Travel Accident Plan; | ||
(5) | To correct any defect or supply any omission or recover any inconsistency that may appear in the Constituent Benefit Plan Documents with respect to the Dynegy Northeast Generation, Inc. Business Travel Accident Plan, in such manner and to such extent as it deems expedient; and | ||
(6) | To employ and compensate such accountants, attorneys and other agents and employees as it may deem necessary or advisable in the appropriate and efficient administration of the Plan with respect to the Dynegy Northeast Generation, Inc. Business Travel Accident Plan. |
IX. | Dynegy Northeast Generation, Inc. Dental Plan |
| Participating Employers: Dynegy Northeast Generation, Inc. | ||
| Constituent Benefit Plan Documents: Summary Plan Description and Insurance Contract with Prudential Insurance Company. | ||
| Plan Administrators: With respect to benefits provided or administered under its contract, Prudential Insurance Company shall have the following powers, duties and responsibilities: |
(1) | The sole discretionary authority to interpret and decide all matters of fact and Plan interpretation in granting or denying benefits under the Dynegy Northeast Generation, Inc. Dental Plan, such interpretation decision thereof to be final and conclusive on all persons claiming benefits under the Plan with respect to the Dynegy Northeast Generation, Inc. Dental Plan; | ||
(2) | The sole discretionary authority to determine and authorize payment of medical benefits under the Dynegy Northeast Generation, Inc. Dental Plan, any such decision thereof to be final and conclusive on all persons; |
B-12
(3) | The sole discretionary authority to process and determine benefit claims and benefit claims appeals under the Dynegy Northeast Generation, Inc. Dental Plan except to the extent the Plans claims procedures expressly provides otherwise; and | ||
(4) | Any such other powers and duties as the Company shall designate to be its fiduciary responsibility with respect to the Dynegy Northeast Generation, Inc. Dental Plan. |
(1) | In its sole discretionary authority, to determine eligibility under the terms of the Dynegy Northeast Generation, Inc. Dental Plan, its decision thereof to be final and conclusive on all persons; | ||
(2) | To prepare and distribute information explaining the Dynegy Northeast Generation, Inc. Dental Plan including, but not limited to, all materials and information required to be distributed pursuant to ERISA; | ||
(3) | To perform any and all reporting and disclosure required with respect to the Dynegy Northeast Generation, Inc. Dental Plan under applicable provisions of ERISA; | ||
(4) | To sue or cause suit to be brought in the name of the Plan with respect to the Dynegy Northeast Generation, Inc. Dental Plan; | ||
(5) | To correct any defect or supply any omission or recover any inconsistency that may appear in the Constituent Benefit Plan documents with respect to the Dynegy Northeast Generation, Inc. Dental Plan, in such manner and to such extent as it deems expedient; and | ||
(6) | To employ and compensate such accountants, attorneys and other agents and employees as it may deem necessary or advisable in the appropriate and efficient administration of the Plan with respect to the Dynegy Northeast Generation, Inc. Dental Plan. |
X. | Dynegy Northeast Generation, Inc. Vision Plan |
| Participating Employers: Dynegy Northeast Generation, Inc. | ||
| Constituent Benefit Plan Documents: Summary Plan Description and Insurance Contract with Vision Services Plan. |
B-13
| Plan Administrators: With respect to benefits provided or administered under its contract, Vision Services Plan shall have the following powers, duties and responsibilities: |
(1) | The sole discretionary authority to interpret and decide all matters of fact and Plan interpretation in granting or denying benefits under the Dynegy Northeast Generation, Inc. Vision Plan, such interpretation decision thereof to be final and conclusive on all persons claiming benefits under the Plan with respect to the Dynegy Northeast Generation, Inc. Vision Plan; | ||
(2) | The sole discretionary authority to determine and authorize payment of medical benefits under the Dynegy Northeast Generation, Inc. Vision Plan, any such decision thereof to be final and conclusive on all persons; | ||
(3) | The sole discretionary authority to process and determine benefit claims and benefit claims appeals under the Dynegy Northeast Generation, Inc. Vision Plan except to the extent the Plans claims procedures expressly provides otherwise; and | ||
(4) | Any such other powers and duties as the Company shall designate to be its fiduciary responsibility with respect to the Dynegy Northeast Generation, Inc. Vision Plan. |
(1) | In its sole discretionary authority, to determine eligibility under the terms of the Dynegy Northeast Generation, Inc. Vision Plan, its decision thereof to be final and conclusive on all persons; | ||
(2) | To prepare and distribute information explaining the Dynegy Northeast Generation, Inc. Vision Plan including, but not limited to, all materials and information required to be distributed pursuant to ERISA; | ||
(3) | To perform any and all reporting and disclosure required with respect to the Dynegy Northeast Generation, Inc. Vision Plan under applicable provisions of ERISA; | ||
(4) | To sue or cause suit to be brought in the name of the Plan with respect to the Dynegy Northeast Generation, Inc. Vision Plan; |
B-14
(5) | To correct any defect or supply any omission or recover any inconsistency that may appear in the Constituent Benefit Plan documents with respect to the Dynegy Northeast Generation, Inc. Vision Plan, in such manner and to such extent as it deems expedient; and | ||
(6) | To employ and compensate such accountants, attorneys and other agents and employees as it may deem necessary or advisable in the appropriate and efficient administration of the Plan with respect to the Dynegy Northeast Generation, Inc. Vision Plan. |
XI. | Dynegy Northeast Generation, Inc. Medical and Group Term Life for Retirees and Surviving Spouses |
| Participating Employers: Effective January 1, 2002 -Dynegy Northeast Generation, Inc. | ||
| Constituent Benefit Plan Documents: Summary Plan Descriptions; Administrative Services Contracts with MVP, Centrus and Insurance Contract with Aetna Life Insurance Co. | ||
| Plan Administrators: With respect to benefits provided or administered under their respective contracts, MVP, Centrus and Aetna Life Insurance Co. shall serve as benefit claims and claims appeals fiduciaries for the Dynegy Northeast Generation Inc. Group Medical and Group Term Life Plan and shall have the following powers, duties and responsibilities: |
(1) | The sole discretionary authority to interpret and decide all matters of fact and Plan interpretation in granting or denying benefits under the Dynegy Northeast Generation Medical and Group Term Life Insurance Plan for Retirees and Surviving Spouses, such interpretation decision thereof to be final and conclusive on all persons claiming benefits under the Plan with respect to the Dynegy Northeast Generation Medical and Group Term Life Insurance Plan for Retirees and Surviving Spouses; | ||
(2) | The sole discretionary authority to determine and authorize payment of medical benefits under the Dynegy Northeast Generation Medical and Group Term Life Insurance Plan for Retirees and Surviving Spouses, any such decision thereof to be final and conclusive on all persons; | ||
(3) | The sole discretionary authority to process and determine benefit claims and benefit claims appeals under the Dynegy Northeast Generation Medical and Group Term Life Insurance Plan for Retirees and Surviving Spouses except to the extent the Plans claims procedures expressly provides otherwise; and | ||
(4) | Any such other powers and duties as the Company shall designate to be its fiduciary responsibility with respect to the Dynegy Northeast Generation Medical and Group Term Life Insurance Plan for Retirees and Surviving Spouses. |
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The Company shall be the Plan Administrator with respect to any and all other administrative fiduciary powers and duties not disclosed above with respect to the Dynegy Northeast Generation Medical and Group Term Life Plan for Retirees and Surviving Spouses, including, but not limited to, the following powers and duties: |
(1) | In its sole discretionary authority, to determine eligibility under the terms of the Dynegy Northeast Generation Medical and Group Term Life Insurance Plan for Retirees and Surviving Spouses, its decision thereof to be final and conclusive on all persons; | ||
(2) | To prepare and distribute information explaining the Dynegy Northeast Generation Medical and Group Term Life Insurance Plan for Retirees and Surviving Spouses including, but not limited to, all materials and information required to be distributed pursuant to ERISA; | ||
(3) | To perform any and all reporting and disclosure required with respect to the Dynegy Northeast Generation Medical and Group Term Life Insurance Plan for Retirees and Surviving Spouses under applicable provisions of ERISA; | ||
(4) | To sue or cause suit to be brought in the name of the Plan with respect to the Dynegy Northeast Generation Medical and Group Term Life Insurance Plan for Retirees and Surviving Spouses; | ||
(5) | To correct any defect or supply any omission or recover any inconsistency that may appear in the Constituent Benefit Plan Documents with respect to the Dynegy Northeast Generation Medical and Group Term Life Insurance Plan for Retirees and Surviving Spouses, in such manner and to such extent as it deems expedient; and | ||
(6) | To employ and compensate such accountants, attorneys and other agents and employees as it may deem necessary or advisable in the appropriate and efficient administration of the Plan with respect to the Dynegy Northeast Generation Medical and Group Term Life Insurance Plan for Retirees and Surviving Spouses. |
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