The Turner Broadcasting System, Inc. Employee Assistance Plan

Transcription

1 The Turner Broadcasting System, Inc. Employee Assistance Plan This is the Summary Plan Description for the employee assistance coverage provided under the Turner Broadcasting System, Inc. (TBS) Employee Assistance Plan. It describes the major provisions of the Plan including amendments made through January 1, 2012, and provides information participants are legally entitled to know. The terms you and your as used in this Summary Plan Description refer to a TBS employee who otherwise meets all the eligibility and participation requirements under the Plan. Receipt of this Summary Plan Description does not guarantee that the recipient is a participant under the Plan and/or otherwise eligible for benefits under the Plan. This SPD also serves as the official Plan document. The Company or any successor reserves the right to amend, modify, suspend or terminate the Plan or any coverage option offered under the Plan, in whole or in part, at any time and for any reason, by action of TBS. Please note that the Plan does not create an employment contract between you and the Company, and does not give you any right, expressed or implied, of continued employment. Who s Eligible Employees. You are eligible to participate in the Plan if you are a benefits-eligible employee. Generally, you are a benefits-eligible employee if you are a full-time or part-time regular employee working at least 312 hours per quarter, determined by the Company in its sole discretion under its customary worker classification policies. Dependents. When you become a Participant, your spouse or domestic partner is also covered under the Plan. In addition, other persons who are emotionally or financially dependent on you for their well-being are covered under the Plan; this may include, without limitation, biological children, stepchildren, foster children, legally adopted children, children for whom adoption procedures have been started, parents, grandparents, siblings, aunts, uncles, nieces, nephews and grandchildren. Enrollment When you become an eligible employee, you are automatically enrolled in the Plan as a Participant. There are no employee contribution requirements the Company pays the full cost of coverage. This Summary Plan Description describes the employee assistance coverage that you and your eligible dependents will be able to access as a Participant, including EAP services, legal and financial services and worklife resource and referral services. Duration of Coverage When Coverage Begins Coverage for you and your eligible dependents starts on the date you satisfy the eligibility criteria described in Who s Eligible above. When Coverage Ends For you. Your coverage under the Plan ends on the last day of the month following the month in which the earliest of the following events take place: Your employment terminates. You are no longer an eligible employee of the Company. The Plan is terminated or amended so that coverage is no longer available to you. Your eligibility for disability benefits under the Company s salary continuation policy or disability income program ends and you have not returned to work. Turner Broadcasting System, Inc. Effective January 1, 2012 page 1

2 Your Notice and Severance ends, or if you receive a lump sum severance payment, upon your receipt of the lump sum payment. Your Notice and Severance is the period of time during which you are receiving periodic severance payments under a Company-sponsored severance policy. For your dependents. Dependent coverage under the Plan generally ends when your coverage ends, or the last day of the month the earliest of any of the following happens: Your dependent is no longer considered an eligible dependent. The Plan is amended so that coverage is no longer available to your dependents. What Happens if You Become Disabled In general, if you are approved for benefits under the Company s salary continuation policy (short-term disability), your Plan coverage will continue as long as you remain employed. If your employment ends because you are determined to be disabled and are approved for benefits under the Company s disability income program (long-term disability), you and your eligible dependents may be eligible for continued coverage under the Plan. Coverage as a disabled participant will cease to be benefits-eligible, which is determined in accordance with the Company s policies and procedures, and generally is after you have been covered under the Company s long-term disability program for a continuous 12-month period. If you are a disabled participant eligible for benefits under the long-term disability program, you cannot add any new dependents, other than a new spouse via marriage, a new domestic partner as a result of a new domestic partnership, or a child who becomes your dependent child via birth or adoption. If you are offered and accept a lump-sum disability payment from the long-term disability insurance carrier managing your case, in place of regular periodic income benefits, you will no longer qualify for participation in the Plan. You Retire Coverage under this Plan terminates on the last day of the month following the month in which you retire. You Are No Longer an Active Employee Coverage under this Plan terminates on the last day of the month following the month in which you cease to be an active employee. You are in a Period of Paid Notice and Severance Coverage under this Plan continues during a period of paid Notice and Severance. Your Notice and Severance is the period of time during which you are receiving periodic severance payments under a Company-sponsored severance policy. Coverage ends on the last day of the month following the month in which your Notice and Severance ends. If you receive a lump sum payment, coverage ends on the last day of the month in which you receive the lump sum payment. Employee Assistance Plan Coverage This section describes the services covered by the Plan EAP services, legal and financial services and worklife resource and referral services. These services are intended to provide you and your eligible dependents with resources to confidentially address personal and workplace challenges. You may access these services 24 hours a day, 365 days a year, by contacting the EAP Administrator at , and/or by accessing their dedicated website at Turner Broadcasting System, Inc. Effective January 1, 2012 page 2

3 EAP Services Counseling services. All participants are entitled to telephone and face-to-face counseling services with an EAP Provider. Some of the areas in which an EAP Provider might be able to offer assistance include: personal balance, emotional wellness, marital/relationship issues, family issues, dependent care, stress management, alcohol and drug issues, work-related issues, grief issues, financial and legal concerns and communication skills. The EAP counseling services are available as follows: Telephone counseling You have unlimited telephone access to the EAP Administrator s call center staff, 24 hours per day, 7 days per week, 365 days per year. Face-to-face counseling You may schedule a face-to-face counseling session of up to 50 minutes duration with an EAP Provider. You are permitted up to eight face-to-face counseling sessions per problem per calendar year. Training services. All participants are entitled to participate in training services conducted by the EAP Administrator. These training services may be provided in person, telephonically or via the internet and include: Orientation training You may participate in training sessions designed to familiarize you with the services available under the Plan. Standard trainings You may participate in training sessions designed to educate you about common issues such as stress management, smoking cessation and effective communication at work On-line trainings You may participate in online training sessions designed to educate you about various behavioral health topics. Interactive website. All participants are entitled to visit the EAP Administrator s website to access articles, videos and other tools on behavioral health topics. Supervisor training services. Participants who have supervisory or management responsibilities are entitled to access additional training services conducted by the EAP Administrator. These training services may be provided in person, telephonically or via the internet and include: Supervisor orientation training You may participate in training sessions designed to acquaint you with the services available under the Plan and how those services may be useful to your employees. Supervisor awareness training You may participate in training sessions designed to increase your awareness of various work-related topics such as drug/alcohol awareness, workplace diversity, drug-free workplace, sexual harassment and workplace violence. Management counseling services. Participants who have supervisory, management or human resource responsibilities are entitled to telephonic counseling services provided by the EAP Administrator to assist in identifying and resolving workplace issues. These issues include, but are not limited to, employee personal and family issues, behavioral health concerns, workplace conflict, workplace crisis and other disruptions, substance abuse, threats of violence and employee performance concerns. Crisis counseling services. The Company may ask the EAP Administrator to provide you and other Plan participants with on-site counseling services in special circumstances involving catastrophic incidents. Legal and Financial Services Legal counseling services. You are entitled to one 60 minute initial consultation with an attorney referred by the EAP Administrator (and chosen by you) on each new legal matter you encounter. Each initial consultation must be on a different legal topic. The consultation may be in-person or telephonic. Legal topics include: General law Mediation services Special needs, including emergency matters Document preparation If you choose to continue with the chosen attorney and hire that attorney on your own, you will receive a 25% reduction in fees for services beyond the initial consultation (excluding flat legal fees, contingency fees, and plan mediator services). Legal counseling services will be available during regular business hours - 9 am to 8 pm Eastern Time, Monday through Friday (except federally recognized holidays). After regular business hours, 24/7 back-up service is available by contacting the EAP Administrator directly. All consultations (initial and discounted consultations) must be for legal matters related to you or an eligible dependent. Financial counseling services. You are entitled to unlimited telephone consultations up to 60 minutes with a financial counselor referred by the EAP Administrator. Each initial consultation must be on a different financial counseling topic. Financial counseling topics include, but are not limited to, budgeting, credit, debt, retirement, college planning, buying vs. leasing, mortgages/refinancing, financial planning, insurance, tax questions, IRS matters, tax levies and garnishments, consumer credit counseling, and community services. You are entitled to a 25% reduction Turner Broadcasting System, Inc. Effective January 1, 2012 page 3

4 in fees for tax preparation services. Identity theft counseling services. You are entitled to unlimited telephone consultations with a fraud resolution specialist referred by the EAP Administrator to discuss fraud resolution related to identity theft. If you are a victim of identity theft, you will receive coaching and direction on prevention and credit restoration and a free identity theft emergency response kit. Exclusions The Plan does not cover the following legal and financial counseling services: (1) legal services related to disputes or actions arising between you (or your eligible dependents) and the Company, its employees, officers, directors and agents; (2) legal services related to disputes or actions arising between you (or your eligible dependents) and the EAP Administrator, its employees, officers, directors, agents and independent contractors; (3) legal services for matters which, in the attorney s opinion, lack merit; (4) financial counseling services involving the preparation of tax returns other than individual income tax returns; (5) fees for legal and financial counseling services beyond an initial consultation; and (6) court costs, filing fees, fines and credit-counseling fees. Worklife Resource and Referral Services Caregiving services: You are entitled to consultation, information, education and referral services associated with various caregiving activities including, among other topics, adoption, child care, parenting, temporary back-up care, summer care, special needs, high-risk adolescents, academic services, education loans, grandparents acting as parents, adult care, elder care, and disaster resources. Resource packets (kits) may be included with this service. You have unlimited telephone access to the EAP Administrator s call center staff, 24 hours per day, 7 days per week, 365 days per year. Personal services. You are entitled to educational materials, personalized referrals and interactive web tools to assist with various health and welfare and daily life activities. Health and welfare activities include, but are not limited to, topics such as children s health, women s health, men s health, seniors health, weight loss and nutrition, fitness and exercise programs, general health, safety, stress management and information on diseases and conditions. Daily life activities include, but are not limited to, topics such as home improvement, pet care, consumer information, automotive services, relocation, travel, time management and cleaning services. Worklife website access. You are entitled to access the EAP Administrator s website for additional worklife resources, including webinars, concierge database, discount programs and thousands of articles, videos and tools relating to worklife topics. What Services Are Not Covered The Plan covers only the services specifically listed above. If you have any questions about whether a particular service is covered, please contact the EAP Administrator. An Important Note About Confidentiality The Plan and the EAP Administrator are committed to protecting your privacy and the privacy of your eligible dependents. When you voluntarily access EAP services, the Company will not be informed of your participation. What goes on between you and your EAP Provider is strictly confidential, and your communications are protected in accordance with federal and state laws and professional standards of confidentiality. Generally, if anyone else requests information about you or your utilization of EAP services, your approval must be obtained to release that information. Please note, however, that an EAP Provider is required by law to notify authorities in situations involving child abuse, elder abuse or a professional determination that the patient is a threat to personal safety. Claim and Appeal Procedures You are not required to file claims to receive benefits under the Plan; however, benefits under the Plan are expressly limited to the coverage and services described in this Summary Plan Description. In some cases, a benefit may be subject to ERISA and in those cases the EAP Administrator will notify you if you are not entitled to receive that benefit. If you disagree with the EAP Administrator s decision, you or your Turner Broadcasting System, Inc. Effective January 1, 2012 page 4

5 authorized representative may file an appeal. Routine requests for information regarding your benefits under the Plan will not be considered benefit claims subject to the Plan s claims and appeals procedures. Appeals process. If you or your authorized representative receive notice that you are not entitled to receive a particular service, the notice will explain the reasons for the denial, including references to pertinent Plan provisions on which the denial was based. The notice will also tell you how to request an appeal, based on the established rules for the Plan. You or your authorized representative may appeal the denial in writing within 180 days after the date of the denial. Appeals should be mailed to your EAP Administrator. As part of the review procedure, you or your authorized representative may ask the EAP Administrator for pertinent documents that affect your appeal. The EAP Administrator will review your appeal and make a decision within the following time periods. For expedited services involving urgent situations, a decision will be made within 72 hours. For a service that requires pre-certification by the EAP Administrator, a decision will be made within 30 days. For all other services, a decision will be made within 60 days. Once a decision is reached, the EAP Administrator will notify you or your authorized representative in writing of the outcome. The notice will give the reasons for the decision and include references to pertinent Plan provisions. However, if you receive no response within the applicable period, you may consider your claim denied. If your claim is denied on final appeal. You or your authorized representative must use and exhaust the Plan s administrative claims and appeals procedure before bringing an action at law or in equity to recover under the Plan. If the EAP Administrator denies your appeal, you may bring a lawsuit for benefits. If any judicial or administrative proceeding is undertaken, the evidence presented will be strictly limited to the documents, information and other evidence timely presented to the EAP Administrator in connection with the Plan s claims and appeal procedures, as described above. No legal actions may be brought on a claim more than 90 days after the EAP Administrator issues its final decision on a claim. Other Information You Should Know Amendment or Termination of the Plan TBS., or any successor, reserves the right to amend, modify, suspend or terminate the Plan or any coverage offered hereunder, in whole or in part, at any time and for any reason, by action of TBS. Collective Bargaining Agreements The Plan may be referred to in collective bargaining agreements entered into by, or applicable to, the Company. You can ask your Employee Benefits/Human Resources Department whether a collective bargaining agreement applies to you. Compliance with Federal Law The Plan is governed by various provisions of Federal law including, among others, the Employee Retirement Income Security Act of 1974 (ERISA). As a general matter, ERISA preempts (that is, takes precedence over) state law. Contacts Your contact for Plan information is your Employee Benefits/Human Resources Department. Your contact for benefits is the EAP Administrator. Health Information Privacy The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that requires certain plans to protect the privacy and security of your confidential health information. Pursuant to the HIPAA privacy rules, the Plan will not use or disclose your protected health Turner Broadcasting System, Inc. Effective January 1, 2012 page 5

6 information without your authorization, except for purposes of treatment, payment, healthcare operations, program administration, or as required or permitted by law. A description of the Plan s uses and disclosures of your protected health information and your rights and protections under the HIPAA privacy rules is set forth in the notice of privacy practices, which has been furnished to you. You can receive another copy of the Plan s notice of privacy practices by contacting the Plan Administrator. If you work in California, you will also receive a notice of privacy practices from your EAP Administrator (or a California affiliate of your EAP Administrator). Ownership of Benefits The benefits described in this SPD are exclusively for Participants and their beneficiaries. Plan benefits cannot be sold, transferred or assigned for any reason except as provided by law. Plan Administration Your benefits as a participant in the Plan are provided under the terms of this Summary Plan Description and the contracts, if any, issued to the Company. The Plan is maintained for the exclusive benefit of Participants and their beneficiaries. The Plan Administrator has exclusive authority and sole and absolute discretion to interpret the Plan to make coverage eligibility determinations. Thus, the Plan Administrator may make factual determinations, resolve factual disputes, and decide all matters in connection with the interpretation, administration and operation of the Plan in order to determine whether you are eligible for coverage under the Plan. The applicable EAP Administrator has exclusive authority and sole and absolute discretion to interpret the Plan to make benefit determinations. Thus, the EAP Administrator may make factual determinations, resolve factual disputes, and decide all matters in connection with the interpretation, administration and operation of the Plan in order to make initial determinations whether you are entitled to a covered service or benefit under the Plan, to determine the amount of, and administer the payment of, any such covered services or benefits under the Plan and to review and determine appeals of denied claims. Benefits will be paid under the Plan only if the Plan Administrator or the EAP Administrator, as appropriate, determines in its discretion that the claimant is entitled to them. Decisions of the Plan Administrator and the EAP Administrator will be conclusive and binding upon all similarly situated individuals having an interest in the Plan. Please note that no other person or group has any authority to interpret the terms of the Plan (including this Summary Plan Description) or to make any promises to you about them. Plan Facts Plan Name: Type of Plan: Plan Sponsor: Turner Broadcasting System, Inc. Employee Assistance Plan Welfare. This Summary Plan Description describes the EAP benefits available to eligible employees of the Company. Turner Broadcasting System, Inc. One CNN Center Atlanta, GA Employer Identification Number: Plan Number: 525 Turner Broadcasting System, Inc. Plan Administrator and Named Fiduciary: Attn: Employee Assistance Plan One CNN Center Atlanta, GA EAP Administrator and Claims Fiduciary: The Plan is administered pursuant to an administrative service contract with: Magellan Health Services, Inc Magellan Plaza Drive Maryland Heights, MO Magellan Health Services, Inc. also serves as the claims fiduciary for the Plan. Turner Broadcasting System, Inc. Effective January 1, 2012 page 6

7 Certain legal, financial and identity protection services are provided by CLC Incorporated, acting as a subcontractor to Magellan Health Services, Inc. CLC Incorporated 4170 Douglas Blvd. Granite Bay, CA Agent for Service of Legal Process: CT Corporation 1201 Peachtree Street Atlanta, GA Legal Process may also be served on the Plan Administrator. Plan Year: January 1 December 31 Plan Funding: This is a self-insured, unfunded welfare plan. The Company pays the full cost of coverage. Financial Records: Turner Broadcasting System, Inc. maintains all records of the Plan based on a Plan Year that ends as of the date shown above. All financial records are maintained by the Company at the following address: Turner Broadcasting System, Inc. Attn: Employee Assistance Plan One CNN Center Atlanta, GA Your Rights Under ERISA Certain benefits provided by the Plan are covered by the Employee Retirement Income Security Act of 1974, as amended (ERISA). The law does not require the Company to provide these benefits, but it does set certain standards for any that are offered. Specifically, ERISA entitles you, as a Plan participant or beneficiary of a Plan participant, to: Receive Information About Your Plan and Benefits Examine without charge all Plan documents (including collective bargaining agreements and insurance policies and/or contracts, if any, where applicable) and a copy of the latest annual report (Form 5500 Series) filed by the Plan with the Department of Labor and available at the Public Disclosure Room of the Employee Benefits Security Administration. You may also contact your Employee Benefits/Human Resources Department for copies of these documents. Obtain copies of all Plan documents and other pertinent Plan information, including insurance contracts and collective bargaining agreements, and copies of the latest annual report (Form 5500 series) and updated Summary Plan Description, by requesting these materials in writing. You may obtain copies by writing to the Plan Administrator. (The Company reserves the right to make a reasonable charge for copying any documents you request.) Receive a copy of the Plan s annual financial report. You do not need to request the summary annual report; the Company provides this information to all Plan participants once a year. Prudent Actions by Plan Fiduciaries In addition to creating rights for Plan participants, ERISA imposes obligations on the persons responsible for the operation of an employee benefit plan. These people, referred to as fiduciaries under the law, have an obligation to administer the Plan prudently and to act in the interest of the Plan participants and their beneficiaries. No one, including the Company, may discriminate against you in any way to prevent you from receiving benefits or exercising your rights under ERISA. Turner Broadcasting System, Inc. Effective January 1, 2012 page 7

8 Enforce Your Rights Under ERISA, there are steps you can take to enforce your rights. Specifically, If your claim for a welfare benefit is denied or ignored, in whole or in part, you have a right to know why this was done, to obtain copies of documents relating to the decision without charge and to appeal any denial, all within certain time schedules. After you exhaust the Plan s claim and appeal procedures, you have the right to file a lawsuit in federal or state court. Any legal action against the Plan or its fiduciaries must be filed in a court of law no later than 90 days after the EAP Administrator s final decision on the claim. If it should happen that Plan fiduciaries misuse the Plan s funds or if you are discriminated against for asserting your rights, you have a right to seek assistance from the U.S. Department of Labor or you may file suit in a federal court. If you submit a written request for copies of any Plan documents or other Plan information to which you are entitled under ERISA, and you do not receive those materials within 30 days of your request, you may file suit in a federal court. If a violation exists, the court may require the Plan Administrator to provide the material and to pay you up to $110 for each day s delay. This provision does not apply, however, if the requested materials were not sent to you because of reasons beyond the control of the Plan Administrator. In any of these circumstances, the court will decide who should pay court costs and legal fees. In other words, if you are successful, the court may order the party you have sued to pay these costs and fees. But if you lose, the court may order you to pay the costs and fees (for example, if the court finds that your claim is frivolous). Assistance with Your Questions The Company encourages you to contact your Employee Benefits/Human Resources Department if you should have any questions about the foregoing statements or about your rights under ERISA. You may also contact the nearest office of the Employee Benefits Security Administration, U.S. Department of Labor listed in your telephone directory, or the Division of Technical Assistance and Inquiries, Employee Benefits Security Administration, U.S. Department of Labor, 200 Constitution Avenue N.W., Washington, D.C , to discuss questions about this statement of rights or about any rights under ERISA, or if you need assistance in obtaining documents from the Plan Administrator. You can also obtain certain publications about your rights and responsibilities under ERISA by calling the publications hotline of the Employee Benefits Security Administration. Key Terms & Definitions Company as described in this Summary Plan Description means Turner Broadcasting System, Inc. or any successor and other affiliate companies participating under the Turner Broadcasting System, Inc. Employee Assistance Plan. Dependents are your spouse or domestic partner and all other persons who are emotionally or financially dependent on you for their well-being and covered under the Plan; this may include, without limitation, biological children, stepchildren, foster children, legally adopted children, children for whom adoption procedures have been started, parents, grandparents, siblings, aunts, uncles, nieces, nephews and grandchildren. Disabled or disability means you (or your dependents) are under a physician s care and your illness or injury prevents you from performing the material and substantial duties of your occupation. For a dependent child, disabled or disability means the child is incapable of permanent self support due to a physical or mental condition that is permanent. Domestic partner means: your same-sex or opposite-sex partner with whom you have entered into a legal civil union under applicable state law, or an adult of the same or opposite sex with whom you have been in an exclusive and committed relationship that is intended to be permanent. You and your partner must be responsible for each other s welfare on a continuing basis. You must have been in the relationship for at least six months. You and your partner must both be at least 18 years old and may not be related by blood to a degree of closeness that would prohibit marriage under applicable state law as an opposite sex couple. Neither of you may be legally married to or in a legal civil union with another person. You may have to have an Affidavit of Domestic Partnership on file with the Company for a domestic partner who is not your legal civil union partner to be eligible for coverage. EAP Administrator is the company responsible for determining whether you or your eligible dependents are entitled to receive a service provided under the Plan. The EAP Administrator determines the type, amount, duration of, and administers the payment of, any such benefits under the Plan. (See Plan Facts for how to contact the EAP Administrator.) EAP Provider is a Provider that has entered into a contractual agreement with the EAP Administrator to provide services to Plan participants. Turner Broadcasting System, Inc. Effective January 1, 2012 page 8

9 Employee for purposes of this Plan means an individual who is benefits-eligible and regularly employed full-time or part-time, working at least 312 hours per quarter, by the Company and is paid on the regular U.S. payroll of the Company. Temporary employees, or anyone so classified by the Company, are generally not eligible to participate in any components of the Plan (except as specifically provided under the Plan), nor are employees covered by a collective bargaining agreement. An individual classified as an independent contractor or a leased employee by the Company, or any individual otherwise not in a covered class who provides services to the Company while being paid by a business other than the Company, will not be considered an employee for purposes of the Plan even if this individual is considered a common law employee of the Company by any entity for any other purpose. Fiduciaries are those individuals or entities assigned the responsibility for ensuring that the Plan operates in the best interests of the participants. Fiduciaries have ultimate decision-making authority on Plan-related matters. Participant is an employee who satisfies the Plan s eligibility requirements and is enrolled in the Plan. Provider is an appropriately credentialed professional who is qualified to provide services to Plan participants including, without limitation, social workers, licensed professional counselors, marriage and family therapists, master s level psychiatric nurses and psychologists. Plan Administrator for the Plan is Turner Broadcasting System, Inc.. You can write to (Turner Broadcasting System, Inc. (TBS) Employee Assistance Plan) c/o Turner Broadcasting System, Inc., One CNN Center, Atlanta, GA Spouse is the person to whom you are considered married under Federal law (including your common-law spouse in states where common-law marriage is recognized). For purposes of this Program, your domestic partner is not your spouse even if you and your domestic partner are considered married under state law. Turner Broadcasting System, Inc. (TBS) Employee Assistance Plan or Plan refers to the Turner Broadcasting System, Inc. (TBS) Employee Assistance Plan, a welfare benefits plan providing employee assistance coverage to eligible employees. Turner Broadcasting System, Inc. Effective January 1, 2012 page 9