This document contains certain definitions and general administrative provisions which govern the Benefit Plan.
1.01 "Benefit Election Date" means the first day of each Plan Year. In addition, in the case of a newly eligible Servitor, Benefit Election Date also means the first day of the month following the date of hire with the Realm, or if later, the first day of the month on or following the date such Servitor first becomes eligible.
.1.02 "Compensation" means all remuneration paid in cash to a Servitor by the Realm during any Plan Year, including a Servitor's basic salary, wages, bonus, commissions, overtime pay, shift differentials and any other current supplemental compensation as determined prior to any authorized salary reduction.
1.03 "Dependent" means each unmarried child or stepchild of a Servitor who either has not attained age nineteen (19), is a full-time University student and has not attained age twenty-three (23), or became incapacitated prior to attainment of age nineteen (19) and who receives over half of his or her support for the Plan Year in which Medical Expenses are incurred from the Servitor (or, in the case of a divorced or legally separated Servitor, is treated as receiving over half of his or her support from the Servitor.
1.04 "Effective Date" means the first day of every month.
1.05 "Servitor" means each active, regular Servitor of the Realm, excluding any nonresident alien without earned income from sources within the Realm. All Servitors of the Realm (except those excluded above) regularly scheduled to work at least twelve (12) days a month shall be deemed to be regular Servitors.
1.06 "Plan" means the Benefit Plan.
1.07 "Plan Year" means the reporting year used by the Plan. The first Plan Year shall begin on the Effective Date and end on the last day of the year. All subsequent Plan Years shall begin on the first day of the year and end on the last day of the year.
1.08 "Reimbursement Period" means a pay period or periods immediately following the month in which any Benefit Election Date occurs.
1.09 "Spouse" means a person legally married to an Servitor and not legally separated from the Servitor under a decree of divorce or separate maintenance.
1.10 "Realm;" or "Employer" means the Ruler of the Realm and his or her duly appointed spokespersons.
3.02 Duration of Elections. Elections shall generally be effective for the Plan Year immediately following the date the Benefit Election Form is signed.
3.03 Revocability of Elections. Elections may not be revoked or changed except under the following circumstances.
An Servitor may revoke an election during a plan year and make a new election for the remainder of the Plan Year if both the revocation and the new election are on account of a change in family status and are consistent with such change in family status. Examples of changes in family status for which a benefit election change may be permitted include:
(i) the marriage or divorce of the Servitor;
(ii) the death of the Servitor's spouse or a dependent;
(iii) the birth or adoption of a child of the Servitor.
Election changes made pursuant to this Section 3.03 shall be permitted only if such change is made and submitted to the Records Hall of the Palace within thirty (30) days of the date an event described in this Section first occurs.
3.04 Realm Review. The Realm or representives thereof shall review each benefit election form that is submitted by a Servitor to determine whether the benefit election form has been completed pursuant to the terms of the Plan.
4.02 Authority. The members of the Committee shall have authority to control and manage the administration of this Plan and to delegate such authority subject to any procedures duly adopted by the recordkeepers of the Records Hall of the Palace.
4.03 Removal. Any member of the Committee may be removed, with or without cause, and new members may be appointed by the recordkeepers of the Records Hall of the Palace.
4.04 Resignation. Any member of the Committee may resign by delivering his or her written resignation to the recordkeepers of the Records Hall of the Palace and such resignation shall become effective thirty (30) days following delivery or upon any other earlier date acceptable to the recordkeepers.
4.05 Organization. The Committee shall select a Chair from among its members and a Clerk (who may, but need not, be a member of the Committee) to keep its records or to assist it in the performance of any administrative action required by the Committee.
4.06 Committee Action. A majority of the members of the Committee at the time in office shall constitute a quorum for the transaction of business at any meeting. Any determination or action of the Committee may be made or taken by a majority of members present at any meeting thereof, or without a meeting by a resolution or written memorandum concurred in by a majority of the members then in office.
4.07 Rights and Duties. The Committee shall administer the Plan and shall have the power and the duty to take all action and to make all decisions necessary or proper to carry out the Plan. The determination of the Committee as to any questions involving the general administration and interpretation of the Plan shall be conclusive as to all parties thereto. Any discretionary actions to be taken under the Plan by the Committee with respect to the classification of Servitors, or with respect to benefits and reimbursements on behalf of Servitors, shall be uniform in their nature and applicable to all persons similarly situated and shall not discriminate. Without limiting the generality of the foregoing, the Committee shall have the following powers and duties:
(a) To require any person to furnish such information as it may reasonably request for the purpose of the proper administration of the Plan as a condition to receiving any benefit under such Plan;
(b) To make and enforce such rules and regulations and prescribe the use of such forms as it shall deem necessary for the administration of the Plan;
(c) To interpret the Plan and to resolve ambiguities, inconsistencies and omissions;
(d) To decide on questions concerning the Plan and the eligibility of any Servitor to participate therein;
4.08 Accounts. The Committee shall maintain accounts showing the fiscal transactions of this Plan.
4.09 Reliance on Advisors. The Committee, any person to whom it may delegate any duty or power in connection with administering this Plan, and the Realm and the officers, magistrates and Servitors thereof, shall be entitled to rely conclusively upon, and shall be fully protected in any action taken or suffered by them in good faith in reliance upon any actuary, accountant, counsel, specialist, or other person selected by the Committee. No member of the Committee, nor the Realm, nor the officers, nor directors thereof, shall be liable for any neglect, omission, or wrongdoing of a trustee, if any.
4.10 Fiduciary Responsibilities. The Committee shall use ordinary care and reasonable diligence in the performance of its duties hereunder, but no member thereof shall be personally liable by virtue of any contract, agreement, bond, or other instrument made or executed by the member or on the member's behalf as a member of the Committee, or unless resulting from personal willful misconduct or lack of good faith, for any loss of or any diminution in Plan funds, or for any act or failure to act, or for any mistake of judgment; and no member of the Committee shall be liable for the neglect, omission, or wrongdoing of any other member of the Committee or of any officer, actuary, or counsel of the Committee or any person to whom any authority, powers, or duties have been delegated by the Committee. The Realm shall indemnify and hold harmless each member of the Committee, their heirs, executors, beneficiaries and assigns from any liability, expense or damages of any kind arising out of any action or failure to act, whether or not such person or persons were or continued to be members of the Committee at the time such claim, suit, or cause of action accrued or was filed except when the same is judicially and finally determined to be due to the gross or willful misconduct of such member or members.
4.11 Administration Expenses. All expenses incurred prior to termination of the Plan that shall arise in connection with the administration of the Plan, including, but not limited to, administrative expenses, and compensation and other expenses and charges of any actuary, accountant, counsel, specialist, or other person who shall be employed by the Committee in connection with the administration thereof, shall be paid by the Realm.
4.12 Delegation. The Committee may authorize one or more of its members or any agent to make any payment on its behalf, or to execute or deliver any instrument on its behalf.
4.13 Application for Benefits.
(a) A Servitor or beneficiary must complete and file an application for benefits under the Plan. The claim for benefits shall include all pertinent information requested by the Committee, including reasonable proof thereof.
All claims for benefits must be in writing on the forms prescribed by the Committee and must be signed by the claimant and submitted to the Committee prior to the expiration of three (3) months after the end of the Plan Year.
(b) Each claim for benefits shall be acted upon and approved or disapproved by the party designated by the Committee to act as the claim administrator.
(c) If any claim for benefits is denied, in whole or in part, the claim administrator shall notify the applicant in writing of such denial and of such claimant's right to a review by the claim administrator and shall set forth specific reasons for such denial, specific references to pertinent Plan provisions on which the denial is based, a description of any additional material or information necessary for the applicant to perfect the application and an explanation of the Plan's review procedure. If the Committee fails to act within the ninety (90)-day period specified above, the Participant may assume that his or her application for benefits has been denied either in whole or in part.
4.14 Disputed Claims. If a claim for benefits under the Plan is denied, the claim administrator will provide a written notice of the denial setting forth the specific reasons for the denial, a description of any additional material or information necessary for the claimant to perfect a claim, and an explanation of why such material or information is necessary and appropriate directions as to the steps to be taken for a claim to be submitted for review. A claimant may request a review of a denial.
4.15 Appeals Procedure.
(a) Any claimant, or such claimant's duly authorized representative, whose application for benefits is denied, in whole or in part, may appeal from such denial to the Committee for a review of the decision by submitting to the Committee within sixty (60) days after receiving written notice from the Committee of the denial of the claim a written statement:
(i) Requesting a review of the application for benefits by the Committee;
(ii) Setting forth all of the grounds upon which the request for review is based and any facts in support thereof; and
(iii) Setting forth any issues or comments which the applicant deems relevant to the application.
The Committee shall act upon each such application within sixty (60) days after either receipt of the applicant's request for review by the Committee or receipt of any additional materials reasonably requested by the Committee from such applicant, whichever occurs later.
(b) The Committee shall make a full and fair review of each such application and any written materials submitted by the applicant or the Realm in connection therewith and may require the Realm or the Claimant to submit within thirty (30) days after a written notice by the Committee therefor, such additional facts, documents, or other evidence as is deemed necessary or advisable in the sole discretion of the Committee in making such a review. On the basis of the review, the Committee shall make an independent determination of the applicant's eligibility for benefits under the Plan. The decision of the Committee on any application for benefits shall be final and conclusive upon all persons if supported by substantial evidence in the record. If the Committee denies an application in whole or in part, the Committee shall give written notice of the decision to the applicant setting forth the specific reasons for such denial and specific references to the pertinent Plan provisions on which the Committee's decision is based. Such written notice shall be given within one hundred twenty (120) days of the date the appeal was filed.
5.02 Includable Expenses. The expenses referred to in Section V.01 shall include:
(a) Physical checkups
(b) Mundane psychiatric expenses
(c) Expenses for vision care, including the cost of spectacles
(d) Mundane care of wounds, broken bones and other such injuries incurred over the course of service to the Realm
(e) Magical healing of light or serious wounds incurred over the course of service to the Realm
(f) Disablement benefit payable to the Servitor should the Servitor be certified as disabled in the course of service to the Realm. Such benefit will be two-thirds regular pay for the course of time that the Servitor is temporarily disabled, or one-half regular pay for the remainder of the Servitor's life should the Servitor be certified as permanently disabled by the Committee.
(g) Death benefit payable to the Servitor's designated beneficiary of three years' worth of salary, calculated by the salary drawn by the Servitor at the time of death, if such death occurs in the course of service to the Realm.
6.02 No Diversion of Assets. No amendment, suspension, or termination shall be made which would (a) cause or permit the assets of the Plan to be used for any purpose other than the payment of benefits or (b) cause or permit the assets of the Plan to inure (other than through payments made pursuant to the Plan) to the benefit of any private shareholder or individual.
6.03 Termination of Plan. Upon termination of the Plan, the Committee shall continue to pay benefits from remaining Plan assets, to the extent of those assets and to individuals entitled thereto, until the end of the Plan Year during which the termination occurred. Any assets remaining at the end of said Plan Year shall be returned to the Realm.
7.02 Physical or Other Disability. If the Committee shall find that any person to whom any amount is payable under the Plan is unable to care for his or her affairs because of illness or accident, or has died, then any payment due him or her or his or her estate (unless a prior claim therefore has been made by a duly appointed legal representative) may, if the Committee so elects, be paid to his or her spouse, a child, a relative, an institution maintaining or having custody of such person, or any other person deemed by the Committee to be a proper recipient on behalf of such person otherwise entitled to payment. Any such payment shall be a complete discharge of the liability of the Realm, the Committee and the Plan.
7.03 Transmittal of Notices. All notices, statements, reports and other communications from the Committee to any Servitor or other person required or permitted under the Plan shall be deemed to have been duly given when delivered to, or when sent via accredited messengers and addressed to such Eligible Servitor or other person at his or her mailing address last appearing on the records of the Committee.
7.04 Rules of Construction. Whenever used in the Plan, the singular shall include the plural.
7.05 Controlling Law. This Plan and all rights thereunder shall be governed by and construed in accordance with the laws of the Realm.
7.06 Text Prevails over Captions. The headings and subheadings of the Articles and Sections of the Plan are included herein solely for the convenience of reference, and if there is any conflict between such headings and subdivisions and the text of this Plan, the text shall control.
7.07 Counterparts. This Plan has been executed in several counterparts, each of which shall be deemed an original, and said counterparts shall constitute but one and the same instrument, which may be sufficiently evidenced by any one counterpart.
7.08 Successors and Assigns. This Plan shall inure to the benefit of, and be binding upon, the parties hereto and their successors and assigns.
IN WITNESS HEREOF, [NAME] has caused this instrument to be executed by its duly authorized officers this [DATE] day of [MONTH] , year of [YEAR].
[SEAL]
(SEAL)
By [SIGNATURES]
Title [SIGNATURES]
Approved as to form: [SIGNATURES]
Counsel for Employer [SIGNATURES]
[SIGNATURES]
