Date

2001 November 14-18

Source

Council of General Synod. Minutes

Type

Resolution 14-11-01

Mover

Bishop Ann Tottenham

Seconder

Ms. Dawn Ragan

Text of motion

That the Council of General Synod approve the following revisions to the Long Term Disability Plan:

- adding paragraphs A.20, A.23 and A.36; renumbering paragraphs A.21, A.22 and A.24 to A.37; amending A.35, adding paragraph B.8, and amending paragraphs C.4.2, C.4.3, D.2 and F.2, effective, October 13, 2001.

(See Appendix B) CARRIED #14-11-01

Notes

Appendix B

LONG TERM DISABILITY PLAN

(In all amendments, bold [in electronic database bold indicated by pointed brackets i.e. <>] indicates addition and underline indicates deletion [in electronic database underline indicated by curly brackets i.e. {}].)

- Effective date October 13, 2001, add paragraphs 20, 23, and 36 to SECTION A - DEFINITIONS and renumber paragraphs A.21, A.22 and A.24 to A.37.

- Amend Section A.5 as follows:

An Employee is considered Totally Disabled if:

(a) unable to perform, the usual and customary duties of his/her own occupation, during the elimination period, and the {subsequent twenty-four months as a result of injury or Illness. After this, an Employee is considered Totally Disabled only if unable to perform the duties of any occupation for which he or she is fitted by education, training or experience.}

<(b) thereafter, while it prevents him or her from performing the duties of any occupation for which he or she is fitted by education, training or experience, and which would generate earnings of at least 66-2/3% of his or her predisability Salary.>

The Employee must be under the regular care of a Physician during the period of Disability. From time to time, the Employee may be required {requested} Administrator to undergo an independent medical examination by a Physician designated by the Administrator to {establish} proof of continuing Disability.

- Add paragraph B.8 to SECTION B - TERMS AND CONDITIONS OF COVERAGE

During any period of Total Disability, the Employee must make every effort to:

<(a) recover from the disability, including participating in any appropriate treatment, Rehabilitation Program or Transitional/Modified Work made available by the Employer, which is approved by the Administrator in consultation with the Medical Consultant and the treating Physician(s);

(b) obtain training considered necessary by the Administrator in order to qualify for another occupation, if it becomes apparent that the Employee will not be able to return to his or her own occupation within the first 24 months for which benefits are payable.

(c) obtain benefits that may be available from other sources as identified in C.3 Coordination of Benefits.

The Employee's failure to comply with these responsibilities may result in the delay, withholding or discontinuation of benefit payments.>

- Amend paragraph C.4.2 In SECTION C - AMOUNT AND PAYMENTS OF BENEFITS:

If an Employee is Totally Disabled, Benefits continue until the earliest of the following events occur:

(a) the Employee is not longer Disabled;

(b) the Employee retires or reaches age 65, whichever is earlier;

(c) the Administrator requests in writing but does not receive proof that the Employee is Disabled;

(d) the Employee fails to take a physical examination or mental evaluation requested by the Administrator without reasonable cause;

(e) the Employee is no longer receiving medical care or treatment satisfactory to the Administrator;

(f) the Employee, without reasonable cause, refuses to undertake any Rehabilitation Program suggested by the Administrator after receiving advice form a Physician;

<(g) The Employee refuses to participate in Transitional/Modified Work deemed appropriate, when approved by the Administrator and the Medical Consultant;

(h) the Employee ceases to reside in Canada or is away from Canada for more than 6 consecutive months for any reason, unless the Administrator agrees in writing, in advance, that benefit payment will continue during such absence;>

(i) the Employee fails to sign or comply with a repayment agreement as requested by the Administrator;

(j) the Employee dies;

(k) the date of which Benefit payments cease according to the provisions of paragraph F.3.

- Amend paragraph C.4.3 - Partial Disability as follows:

An Employee who has been Totally Disabled throughout the Elimination Period and is unable to return to the duties of his or her usual occupation although able to undertake other paid employment, will continue to receive Benefits if:

(a) other paid employment is undertaken under the supervision of a qualified Physician, and

(b) the arrangement is acceptable to the Administrator.

The Employee's Plan Benefit will be reduced by:

(a) 50% of gross earnings from the new employment, and

(b) any amounts received from the sources listed in paragraph C.3, and

(c) the amount by which Plan benefits, plus 100% of earnings from the new employment, plus any amounts paid from the sources listed in paragraph C.3, exceeds 85% of his or her {salary}

If a Disabled Employee returns to a different occupation with the same Participating Employer, an additional Benefit equal to 50% of his or her Salary will be paid for the first three months, allowing the Participating Employer to reduce the Employee's Salary by 50% during that period.

Benefits will continue until

(a) the Employee is able to return to the duties of his or her normal occupation, or

(b) on which one of the events described in paragraph C.4.2 occurs.

- Amend paragraph 1 in SECTION D - REHABILITATION PROVISIONS

A Rehabilitation Program is any training program or work related activity:

(a) intended to help an Employee to return to the duties of his or her own occupation, or any other paid employment, and

(b) recommended or approved by the Administrator.

When deciding if a Rehabilitation Program is appropriate, the Administrator will assess such factors as the expected duration of Disability and the type of activity required to help an Employee back to work at the earliest possible time.

An Employee who, without reasonable cause as determined by the Administrator, refuses to participate in a Rehabilitation Program recommended by the Administrator, will no longer be entitled to Benefits.

- Amend paragraph 2 of Section D - Payment of Benefits

An Employee will continue to receive Benefits for the duration of any Rehabilitation Program undertaken that has the approval of the Administrator. If the Employee leaves the Program without the permission of the Administrator <(which will not be unreasonably withheld),> payment of Benefits will stop immediately.

D.2.1 If entering a Rehabilitation Program involves employment at the Employee's former occupation or at a new occupation, Benefits will continue for the Initial Assessment Period.

Benefits will cease after the Initial Assessment Period ends, and if the Employee has been Totally Disabled for:

(a) fewer than 24 months and is, from that time on, considered capable of performing the usual and customary duties of his or her former occupation, or

(b) 24 months or more and is, from that time on, considered capable of performing the usual and customary duties of his or her former or a new occupation.

If, after the Initial Assessment Period, the Employee is not considered capable of performing the usual and customary duties of the former or new occupation, or Total Disability occurs by a recurrence of the same or a new Disability, Benefits are reinstated in full without a new Elimination Period.

D.2.2 If entering a Rehabilitation Program involves training rather than employment, payment of Benefits is extended to the later of:

(a) the end of the Rehabilitation Program, or

(b) the end of a period of post-training employment, the length of which will be determined by the Administrator.

- Amend Section F.2 by inserting the words "or at such other intervals as determined by the Pension Committee"

Within 90 days of each Plan Anniversary, the Actuary will, in accordance with accepted actuarial practice, review the Administrator's annual claims report and provide to the Administrator an estimate of the amount to be reserved for payment of unreported claims, and for future Benefit payments with respect to reported claims.

Subjects

Pensions - Anglican Church of Canada - Regulations

Insurance, Disability - Religious aspects - Anglican Church of Canada

Less detail