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Morris & Assoc Sec Amend Pln/Hr SECOND AMENDMENT TO THE CITY OF CARMEL EMPLOYEE HEALTH BENEFIT PLAN FX3330 WHEREAS, the City of Carmel ("Plan Sponsor"), by action of its governing body, adopted the City of Carmel Employee Health Benefit Plan (the "Plan") effective February 1, 1992, and subsequently modified the Plan by a full restatement effective January 1, 2004 and a First Amendment to the restated Plan; and WHEREAS, Plan Sponsor wishes to amend the restated Plan; and WHEREAS, authority to amend the Plan is granted therein. NOW, THEREFORE, effective January 1, 2005, the Plan is amended as specified below. tl. The following line is added to the section entitled LIFETIME MAXIMUM BENEFITS (Plans A, B and C): Laser Eye Surgery $250 pereye The following is added to the section entitled SCHEDULE OF MEDICAL BENEFITS (Plans A, B and C): PREFERRED BENEFIT NON-PREFERRED BENEFIT LASER EYE SURGERY 100% 100% Copay Applies: No No Deductible Applies: No No Lifetime Maximum .................................................................................. $250 per eye III. The following is added under the section entitled DESCRIPTION OF MEDICAL BENEFITS: IV. LASER EYE SURGERY Charges for laser correction of myopia, hyperopia, presbyopia, astigmatism and other imperfect refractive powers of the eye, as stated in the Schedule of Medical Benefits. Paragraph 2 under the section entitled MEDICAL EXCLUSIONS is amended to read as follows: Charges for services and supplies related to correcting refractive defects of the eye, including, but not limited to, radial keratotomy by whatever name called, or other eye surgery to correct near sightedness, far sightedness or astigmatism, except as stated and limited in the Schedule of Medical Benefits. In the section entitled SCHEDULE OF MEDICAL BENEFITS (PLAN A), SUB-SECTION PRESCRIPTION DRUGS, the copay for drugs purchased through the major medical plan (Plan A) is amended as follows: PREFERRED BENEFIT NON-PREFERRED BENEFIT PRESCRIPTION DRUGS: Copay Applies: Deductible Applies: 100% 80% Yes ($25) No No Yes One copay will apply to each 30 day supply (or portion thereof); maximum 90-day supply per prescription VI. In the sections entitled SCHEDULE OF MEDICAL BENEFITS (PLAN B) AND SCHEDULE OF MEDICAL BENEFITS (PLAN C), SUB-SECTION PRESCRIPTION DRUGS, the copay for drugs purchased through the major medical plan (Plans B and C) is amended as follows: PREFERRED BENEFIT NON-PREFERRED BENEFIT PRESCRIPTION DRUGS: 100% Copay Applies: Yes ($30) Deductible Applies: No 80% No Yes One copay will apply to each 30 day supply (or portion thereof); maximum 90-day supply per prescription VII. The section entitled PHARMACY COPAY (PLAN A) is amended to read as follows: PHARMACY COPAY: (each prescription fill, see dispensing limitations) Generic Drugs/Single Source Brand Name Drugs $10 per 30 day supply (or portion thereof) Brand Name Drugs $25 per 30 day supply (or portion thereof) Covered Percentage after Copay 100% Dispensing Provision: Up to a maximum of a 90-day supply Prescription Drug Card copays are not eligible expenses under the medical Plan. VIII. The section entitled PHARMACY COPAY (PLANS B AND C) is amended to read as follows: PHARMACY COPAY: (each prescription fill, see dispensing limitations) Generic Formulary Drugs Brand Name Formulary Drugs Non-Formulary Drugs $10 per 30 day supply (or portion thereof) $20 per 30 day supply (or portion thereof) $30 per 30 day supply (or portion thereof) Covered Percentage after Copay 100% Dispensing Provision: Up to a maximum of a 90-day supply Prescription Drug Card copays are not eligible expenses under the medical Plan. 2 IX. Under SCHEDULE OF DENTAL BENEFITS, the Section entitled MAXIMUM BENEFITS is amended to read: Maximum Calendar Year Benefit per Participant (Non-Orthodontia) ............................ $1,500 Maximum Lifetime Benefit per Participant for Orthodontia ........................................... $1,500 X. The section entitled ELIGIBLE DEPENDENTS is amended to read as follows: Eligible dependents are: 1. The employee's spouse, if the spouse is not covered under this Plan as an employee. 2. The employee's natural child, stepchild or legally adopted child who meets all of the following conditions: a) is unmarried; b) qualifies as a dependent exemption on the employee's federal income tax return; and c) is under the age of nineteen (19), or age twenty-three (23) if a full-time student, as defined herein, at an accredited institution of higher education, unless the dependent is a disabled dependent child. A child who has been placed under the legal custody or guardianship of the employee who meets all of the following conditions: a) is unmarried; b) qualifies as a dependent exemption on the employee's federal income tax return; c) is under the age of nineteen (19), or age twenty-three (23) if a full-time student, as defined herein, at an accredited institution of higher education, unless the dependent is a disabled dependent child; and d) if under age eighteen (18), resides in the employee's home. A newborn child of an employee will automatically be covered for the first thirty (30) days of life. The Plan Administrator reserves the right to require full documentation of any claim for dependent qualification including, but not limited to, verification of full-time student status, copies of marriage licenses and divorce decrees, adoption, guardianship or placement orders or similar documentation giving the employee legal responsibility for a dependent child. No participant is eligible for coverage both as an employee and as a dependent. If both parents of a child are covered employees under this Plan, the child may be covered as the dependent of only one (1) parent. Adopted ChildrenlLe,qal Guardianships An adopted child of a participant will be eligible for coverage as of the date of legal placement for adoption, or the date of actual adoption, whichever occurs first. A child under the legal guardianship of a participant will be eligible for coverage on the date the guardianship becomes effective. Coverage under the Plan for an adopted child or a child under legal guardianship will be the same coverage that is available to all other dependent children under the Plan, except that all XI. Xll. preexisting condition exclusions or waiting periods will be waived for such a child, provided the child is enrolled within the time period specified under the section entitled Special Enrollment Period Provision Due to Dependent Acquisition. The section entitled EFFECTIVE DATE FOR NORMAL ENROLLMENT is amended to read: The employee must file a written application with the Employer for himself and his eligible dependents within sixty (60) days of his full-time hire date. The employee must enroll for employee benefits in order to also enroll for dependent benefits. The employee is responsible for timely forwarding to the Employer the application for enrollment. If the employee fails to enroll for coverage for himself or any eligible dependents within sixty (60) days, he will be able to enroll only during an Open Enrollment period unless he qualifies for enrollment under the Special Enrollment provisions below. The effective date of coverage under this Plan as the result of normal enrollment will be the first day following the satisfaction of the waiting period if coverage is requested prior to the end of the thirty (30) day waiting period. If coverage is not elected during the thirty (30) day waiting period, but is elected during the thirty (30) days immediately following the completion of the waiting period, then coverage will be effective as of the date of the election. The date of election will be the date the written application is submitted to the Employer. The section entitled SPECIAL ENROLLMENT PERIOD PROVISION DUE TO OTHER COVERAGE is amended to read: An employee and/or dependent who did not enroll for coverage under this Plan because he had other coverage when he initially became eligible for coverage under this Plan may request a special enrollment period under this provision if he is no longer eligible for the other coverage. The employee must provide the Employer with written proof of the loss of coverage and the reason for loss. A special enrollment period will be granted if the employee and/or dependent loses eligibility due to one (1) or more of the following: 1. divorce or legal separation; 2. termination of other employment; 3. reduction in the number of hours of employment; 4. cessation of the employer contributions (by any current or former employer) for the other coverage; 5. exhaustion of COBRA benefits; or 6. death of the employee. The end of any extended benefits period that has been provided due to any of the above items one (1) through six (6) will also be considered a loss of eligibility. Loss of eligibility will also include the decision to discontinue coverage provided by another employer during the other employer's designated open enrollment period that does not coincide with the Plan's open enrollment period. Loss of eligibility does not include failure of the individual to pay premiums or contributions on a timely basis or termination of other coverage for cause (such as making a fraudulent 4 claim or an intentional misrepresentation of a material fact in connection with the other coverage). The employee and/or dependent must apply for coverage under the Plan within thirty (30) days of losing his other coverage. The effective date of coverage under this Plan as the result of special enrollment will be the date of the loss of eligibility if coverage is requested within thirty (30) days. If the employee fails to enroll for coverage for himself or any eligible dependents within thirty (30) days, he will be able to enroll only during an Open Enrollment period. An employee and/or dependent who enrolls during a Special Enrollment period is not treated as a late enrollee. XIll. The section entitled SPECIAL ENROLLMENT PERIOD PRQVISION DUE TO DEPENDENT ACQUISITION is amended to read: An eligible employee who previously declined coverage, but then acquires a new dependent, may request a special enrollment period for himself and his eligible dependents. A special enrollment period will be granted for one (1) or more of the following events: 1. a marriage (the new spouse may be added, and/or the spouse's children who qualify as eligible dependents); 2. the birth, adoption, placement for adoption of a new child, or commencement of legal guardianship (the child and/or the spouse may be added). In the case of birth, adoption, placement or legal guardianship, the spouse must be given a special enrollment period (if otherwise eligible) even if coverage under the Plan was previously declined. The employee must make written application for employee and/or dependent coverage under the Plan within thirty (30) days of the acquisition of the dependent. The effective date of coverage as the result of a special enrollment period will be the date of the event (marriage birth, adoption, placement or guardianship) if coverage is requested within thirty (30) days of the event. If the employee fails to enroll for coverage for himself or any eligible dependents within thirty (30) days, he will be able to enroll only during an Open Enrollment period. An employee and/or dependent who enrolls during a special enrollment period is not treated as a late enrollee. XIV. The section entitled OPEN ENROLLMENT is amended to read: Open enrollment is the period designated by the Employer each year during which the employee makes coverage elections for the following calendar year. Absent a Special Enrollment period, the open enrollment period allows an employee the opportunity to enroll for coverage, terminate coverage, add or delete dependent coverage or select another plan option. An employee must make written application for coverage during the open enrollment period. Coverage for any employee or dependent who is enrolling during an open enrollment period shall become effective January 1 of the succeeding calendar year. An employee or dependent who enrolls during the open enrollment period will be treated as a late enrollee, and will be subject to a pre-existing condition limitation of up to eighteen (18) months. XV. The section entitled LATE ENROLLEE PROVISION is deleted in its entirety. XVI. The following definition is added under the section entitled DEFINITIONS: Late Enrollee An employee and/or his dependents who make written application for coverage under the Open Enrollment provisions of the Plan. A late enrollee will be subject to a pre-existing condition limitation of up to eighteen (18) months. In all other respects the Plan remains unchanged. CITY OF CARMEL~ INDIANA By and through its Board of Public Works and Safety ~inard~P~ d~ i'~ng ~ ../~iana Cordray, IAMC Clerk,:'Creasurer ~,- ~dr~ M. Johnso~ ~epu~ Clerk for Date Date