Flex Represented Frequently Asked Questions (FAQ) During Work Stoppage

Transcription

1 Flex Represented Frequently Asked Questions (FAQ) During Work Stoppage Health and Welfare Benefits Your Health and Welfare Benefit Plans require that you be actively working in order for coverage to continue. When you participate in a work stoppage, you are no longer considered actively working, which can result in a loss of coverage. This loss of coverage extends to any dependents also covered under the plans. In the event a loss of coverage occurs, you may be able to temporarily continue certain benefits (medical (includes prescription drug coverage), dental and vision as well as the Health Care Flexible Spending Account (FSA)) under the federal law Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). COBRA allows employees who experience a qualifying event (like a work stoppage) that triggers a loss of coverage the opportunity to continue their health and welfare coverage at the employee s sole cost, usually at the rate of 102% of the cost of benefits for up to 18 months. This means that COBRA coverage is only available for the eligible benefit plans in which you are participating prior to the work stoppage. For purposes of COBRA, you will lose coverage at midnight effective on the last day you are actively at work. For example, if the first day you participate in a work stoppage is May 9, 2016, your last day of active work, and your last day of coverage under any Valero benefit plan would be May 8, Upon a loss of coverage, you will be sent, via U.S. mail, an information package for your review, and forms for you to complete in the event you elect to continue your medical, dental, vision benefits and/or Health Care FSA for yourself and/or your dependent(s). If you elect to continue coverage under COBRA, you will be required to make all payments as set forth in the informational packet you receive. For purposes of convenience, we are providing, via the following link, the monthly COBRA rates for the various benefit plans: 2016 COBRA Rates. If you choose not to continue benefits coverage under COBRA, your coverage will end as of midnight effective on the last day you are actively at work. Contact Information: We have attempted to answer as many questions as possible below. In the event you have additional questions, or require clarification on the answers provided, refer to the contact list at the end of this document. ERISA Rights: Regardless of your participation in the work stoppage, you continue to have ERISA rights as a Participant under any of the applicable plans described below. A summary of these rights can be found in the Employee Benefits Handbook available online. If you need a hard copy, please contact the Valero Health & Welfare Benefits Department. Flex Represented FAQ 1

2 Health and Welfare Benefits Coverage Q. Which benefits will be affected by my participation in a work stoppage? A. Your participation and coverage, and any dependent s participation and coverage, will be affected if you participate in a work stoppage. Employees are allowed to elect the following types of coverage as employee-paid benefits: Medical Coverage (Includes Prescription Drug Coverage) Dental Coverage Vision Coverage Critical Illness Coverage Legal Plan Coverage Health Care FSA Dependent Care FSA Supplemental Term Life Insurance Accidental Death & Dismemberment (AD&D) Insurance Dependent Life Insurance Survivor Income Benefit The following benefits are provided to employees at no cost and no election is required by the employee: Basic Life Insurance Company-paid Death Benefit Occupational AD&D Insurance Business Travel Accident Insurance Short-term Disability Long-term Disability All of the above benefits could be affected if you participate in a work stoppage. Q. What will happen to my coverage in the Health and Welfare Benefits if I participate in a work stoppage? A. It depends upon the plans in which you are currently enrolled. Most of the plans listed above require that you be actively working in order to continue coverage under the plan. If you choose to participate in the work stoppage, you are no longer considered to be actively working, which would trigger a loss of coverage for both you and any of your dependents covered under the respective plans. Flex Represented FAQ 2

3 The following describes what will happen to each of the above listed benefits should you participate in the work stoppage: Medical Coverage (Includes Prescription Drug Coverage): Coverage would end at midnight of the last day you are actively working for Valero. Your prescription coverage will end on the same date that your medical coverage ends. Dental Coverage: Coverage would end at midnight of the last day you are actively working for Valero. Vision Coverage: Coverage would end at midnight of the last day you are actively working for Valero. Critical Illness Coverage: Coverage would end at midnight of the last day you are actively working for Valero. If you were enrolled for this coverage during active employment, Aflac will mail you information regarding continuing coverage. Legal Plan Coverage: Coverage would end at midnight of the last day you are actively working for Valero. You may be able to convert to an individual plan. For information on conversion, contact ARAG directly at (800) Health Care FSA: If you elect continuation of your Health Care FSA under COBRA, you must elect the same amount you pledged as an active at work employee, and contribute to your Health Care FSA on an after tax-basis to be reimbursed for eligible health care expenses. If, however, you do not elect to continue your Health Care FSA under COBRA, you will be able to be reimbursed for eligible health care expenses only up to the amount in your account on the last day you are actively working for Valero and only if the expenses are incurred before the work stoppage begins. Expenses incurred while on a work stoppage are not eligible for reimbursement. Once on a work stoppage, you will not be receiving a paycheck. Therefore, no additional monies will be going to your Health Care FSA. Once your Health Care FSA is depleted, no further eligible expenses will be reimbursed. Dependent Care FSA: You will not be eligible to continue to receive reimbursements for any dependent care expenses once you are on a work stoppage. Per the Internal Revenue Code, a Dependent Care FSA is generally only available when both parents (or if a single parent, the one parent) are working. Supplemental Term Life Insurance: Coverage would end at midnight of the last day you are actively working for Valero. You may be able to convert this benefit to an individual policy. For information on conversion, contact MetLife at (888) Flex Represented FAQ 3

4 AD&D Insurance: Coverage would end at midnight of the last day you are actively working for Valero. You may be able to convert this benefit to an individual policy. For information on conversion, contact Chubb at (877) Dependent Life Insurance: Coverage would end at midnight of the last day you are actively working for Valero. You may be able to convert this benefit to an individual policy. For information on conversion, contact MetLife at (888) Survivor Income Benefit: Coverage would end at midnight of the last day you are actively working for Valero. You may be able to convert this benefit to an individual policy. For information on conversion, contact MetLife at (888) Basic Life Insurance: Coverage would end at midnight of the last day you are actively working for Valero. You may be able to convert the $5,000 benefit to an individual policy. For information on conversion, contact MetLife at (888) Company-paid Death Benefit: Coverage would end at midnight of the last day you are actively working for Valero. Occupational AD&D Insurance: This policy is only triggered when an accidental death or dismemberment occurs while performing work for Valero. Since you are not performing any work for Valero during a work stoppage, no such benefit would be payable from this policy in the event of accidental death or dismemberment. Business Travel Accident Insurance: This policy is only triggered when an employee dies or suffers a covered loss as the result of an accident while traveling on certain types of Company business. Since you are not performing any work for Valero during a work stoppage, no such benefit would be payable from this policy in the event of accidental death or dismemberment. For information regarding Short-term Disability and Long-term Disability during a work stoppage, refer to the section in this FAQ titled Short-term and Long-term Disability. Q. Is there any way I can continue my, or my dependent s, Health and Welfare Benefits? A. If the benefit plan is subject to COBRA continuation (medical (includes prescription drug coverage), dental and vision collectively Health Care and Health Care FSA), once you experience a loss of coverage as described above, Valero will send to you, via U.S. mail, a packet of information describing your, and your dependent s, options regarding your Health and Welfare Benefit coverage. This information will include how to continue coverage for you and/or your dependents through COBRA. You will have a period of time within which to send in your COBRA continuation election. If you elect coverage, it will be made effective retroactive to the first day you lost coverage. It is very important for you to timely elect to continue COBRA coverage or you will waive your right to continue coverage under the Valero plans. Flex Represented FAQ 4

5 If the benefit plan is not subject to COBRA (Dependent Care FSA, Critical Illness, all life insurance plans, all AD&D plans), and the plan offers to individual participants a conversion option for the policy, you may be able to obtain an individual policy at your sole expense. Q. Will I continue to have the same Health Care coverage while on COBRA? A. If you elect to continue coverage(s) through COBRA, you may continue to have the same medical (includes prescription drug coverage), dental, and vision plan coverage as well as Health Care FSA, in which you were enrolled immediately prior to a work stoppage. Q. Do I get new ID cards under COBRA? A. If you elect medical and/or dental coverage under COBRA, you will receive a new Aetna ID card but you will not receive a new Express Scripts prescription ID card. Q. Will I receive a bill for my monthly COBRA premiums and when will these premiums be due? A. You will receive a COBRA initial notice and election form in the U.S. mail from WageWorks, Valero s third-party COBRA administrator, informing you of your premium rate and when it is due. Your premiums are due the first day of the month. Once WageWorks receives your enrollment form, they will mail you a payment coupon book. You will not receive any reminders after this. It is your responsibility to remit your payments in a timely manner. Your health care coverage under COBRA will terminate if payments are not received on time. You will receive a notice in the mail informing you that if your payment is not received, your coverage will be terminated. If you allow your health care coverage to lapse due to non-payment, you will not be able to reinstate your health care coverage under COBRA, even if you have additional time remaining under COBRA coverage. For example, if you are entitled to 18 months of COBRA continuation and you fail to make your payment after the 10 th month, causing a cancellation of the health care benefits, you cannot then reinstate your COBRA benefits in any of the eight remaining months. Q. If I have dependents covered through Valero s Health and Welfare Benefits, and participate in a work stoppage, will their coverage end too? If so, when will their coverage end? A. Your dependent s coverage in any of the above listed plans is tied to your coverage in the plans. Therefore, if you participate in a work stoppage and lose your coverage, your dependent(s) will lose their coverage too. Their loss of coverage will occur at the same time you lose coverage. Q. What if I, or one of my dependents, need to see a doctor, have a medical emergency or need a prescription? A. The answer to this question depends on whether you have timely elected to continue your medical coverage (or your dependent s medical coverage) under COBRA. If you elect COBRA, and make the monthly premium payments required, you can continue to use that plan s benefits. Flex Represented FAQ 5

6 If you have elected not to continue coverage under COBRA, failed to make a timely COBRA election, or failed to pay the required premium to continue coverage under COBRA, you (and your dependent(s)) will no longer have any Valero medical coverage. You would be solely responsible for all medical and pharmacy charges. Q. What if I, or one of my dependents, have a procedure or surgery already scheduled during the work stoppage? A. The answer to this question depends on whether you elect to continue your medical coverage under COBRA. If you elect COBRA and make the monthly premium payments required, you or your dependent can have the procedure or surgery as scheduled. If, however, you have not continued coverage under COBRA, your coverage is terminated and you will be solely responsible for payment of all services, charges and fees. Q. What if I do not continue coverage under COBRA but the medical, dental, or vision care provider or the pharmacy accepts my insurance card? A. Once a loss of coverage occurs, Valero will notify the appropriate insurance carriers for your benefit plans. While providers may initially accept your insurance card after you have lost coverage, Valero may request reimbursement from you for any paid benefits you or your dependents receive. Again, any health care costs or fees incurred after a loss of coverage will be your sole financial responsibility. Q. If I am, or my spouse is, expecting to have a baby during the work stoppage, what will happen? A. The answer to this question depends on whether or not you elect to continue your medical coverage under COBRA. If you elect COBRA and make the monthly premium payments required, the baby can be added as long as you timely notify the Valero Health & Welfare Benefits Department. Remember that when you elect COBRA, you are solely responsible for the premium payments. Adding a child to your coverage may cause an increase in your monthly premium amounts. For instance, if your coverage is for you and your spouse and this is your first child, you may change your policy to have family coverage which will be at a higher premium cost to you. If no COBRA coverage is elected, all health care costs and fees associated with the delivery of the baby and care of the baby will be your sole financial responsibility. Q. If I do not elect COBRA to continue my Aetna medical coverage, and have a mail order prescription shipment due to ship, will I still get my medication? A. Possibly. If the prescription was processed prior to your loss of coverage, you will receive your shipment. If the fill date falls after your loss of coverage date, you will be solely responsible for reimbursing Valero for any amounts paid after you experienced your loss of coverage. Flex Represented FAQ 6

7 Q. If I elect to continue my Aetna medical coverage under COBRA, do I have to get new prescriptions, Prior Authorizations, or approvals for my existing Step Therapy drugs? A. A new prescription will not be necessary if refills remain on a current prescription. A new Prior Authorization or approval for existing Step Therapy drugs will not be necessary. Prescription, Prior Authorization and Step Therapy history will automatically be transferred to the new COBRA policy. Q. If I choose not to elect COBRA or if I miss the election deadline for COBRA, what other health plan options are available to me and my dependents? Employees and their dependents may elect to shop for private health insurance coverage through the Health Insurance Marketplace. For information regarding the Health Insurance Marketplace, or to enroll in private health insurance coverage through the Marketplace, visit Q. While I am on a work stoppage, do I still provide documentation for a qualified change event? A. It is the employee s responsibility to notify the Valero Health & Welfare Benefits Department of a qualified change event in writing within 30 days of the qualified change event. Qualified change events include, but are not limited to the following: Marriage Birth, adoption or placement for adoption of a dependent child, placement in foster care or legal guardianship, Divorce, legal separation or annulment, dissolution of a Common Law Marriage or Domestic Partner Relationship, Death of a dependent, A change in a dependent s employment status resulting in a loss or gain of coverage, A QMCSO (or similar judgment or decree that affects the health care coverage of the employee, the employee s spouse or the employee s dependent), or A dependent no longer meeting eligibility requirements. Qualified change events are more fully described in your Employee Benefits Handbook. You are not required to provide Valero notice of these events unless you have elected COBRA coverage. If you have elected to convert to an individual policy (if available), you may also have an obligation to provide this information to your individual policy carrier(s). Flex Represented FAQ 7

8 Q. While I am on a work stoppage, may I make changes to my Beneficiary Designation form? A. You may change your beneficiary at any time for a benefit plan that is still available to you by submitting the proper documentation to the Valero Health & Welfare Benefits Department and/or the carrier if a conversion policy exists. Q. What happens when the work stoppage is over? Will my benefits be reinstated or do I have to start over? A. This will depend on the terms of the specific benefit plans and any terms negotiated between Valero and your union representatives. Even if you are able to have your benefits reinstated, whether they can be reinstated retroactively will depend on the terms of the benefit plan. This may mean that health and welfare costs you incurred during the work stoppage may not be able to be reimbursed. The terms of these plans may also identify whether you will have to satisfy a new waiting period or other requirements before you (and by extension, your dependent(s)) become covered under the plan(s) again. Q. What happens to my Health and Welfare Benefits if I retire during the work stoppage? A. Please refer to the section in this document titled Retirement. Retirement Retirement during a work stoppage will not only affect your Health and Welfare Benefits, but will also affect your Financial Benefits. Please also refer to the section in this document titled Financial Benefits - Retirement Plans. Q. Will I be able to retire during the work stoppage? A. Yes. In order to retire under the Normal Retirement Age provisions, you must meet the minimum requirements. Employees must be at least age 55 with a minimum of five years of service. As a retiree, you may elect medical (includes prescription drug coverage), dental and/or vision coverage. You must submit Retiree Health Care Plan election forms no later than 30 days from the date on the enrollment kit or 30 days from the date retiree health care coverage would begin. If you waive your retiree health care coverage, you will not be eligible for retiree health coverage in the future. You may waive retiree health coverage and be eligible for COBRA. Short-term and Long-term Disability Q. If I am on an approved Short-term Disability (STD) on the day a work stoppage begins, would I still be eligible to continue to receive STD benefit payments? A. Yes, provided you remain unable to perform your normal job duties and you continue to meet all the provisions under the STD Plan. Flex Represented FAQ 8

9 Q. If I am on an approved Long-term Disability (LTD) on the day a work stoppage begins, would I still be eligible to continue receive LTD benefit payments? A. Yes, provided you remain unable to perform your normal job duties and you continue to meet all the provisions under the LTD Plan. Q. If I am on an approved STD leave at the time of a work stoppage and am released to return to work during the work stoppage, what happens? A. Once you are released to return to work, your STD benefits for that disability will end. If you choose to return to work (active employment) your STD coverage will continue. If you choose to participate in the work stoppage, your STD coverage will end. Q. If I were to become ill or injured while participating in a work stoppage, would I be eligible for STD benefit payments? A. No. While participating in a work stoppage, you are no longer an active employee and therefore ineligible for STD benefits. Q. If I were to become ill or injured while participating in a work stoppage, would I be eligible for Long-term Disability benefit payments? A. No. While participating in a work stoppage, you are no longer an active employee and therefore ineligible for benefits. You would not be eligible for LTD benefits if your illness or injury occurred during the work stoppage, even if the work stoppage ends while you are still disabled. Additionally, any time spent during the time you are on a work stoppage will not count towards the required elimination period to trigger LTD benefits. Financial Benefits - Retirement Plans Unlike the Health and Welfare Benefits, the applicable retirement plans do not have active at work provisions that would require Valero to immediately stop benefits under these plans. However, if you do participate in a work stoppage and are no longer receiving a paycheck, it will impact your ability to make contributions and receive employer matching contributions to the Thrift Plan (see 401(k) - Valero Thrift Plan) and may impact your benefits in the Pension Plan (see Valero Pension Plan). Even though benefits will not immediately stop upon a work stoppage, in the unlikely event the work stoppage continues for one year, this may be considered a Break in Service that would stop vesting under each of the retirement plans described in this section. Contact Information: We have attempted to answer as many questions as possible. In the event you have additional questions, or require clarification on the answers provided, you may contact either of the following: Valero Financial Benefits Department at (800) o 401(k) Department, extension 4808 o Pension Department, extension 4844 Flex Represented FAQ 9

10 Merrill Lynch (877) or online at Customer Service Representatives are available between the hours of 7:00 am to 6:00 pm CST or you can obtain information through the automated line 24 hours/day with your personal password. 401(k) Valero Thrift Plan Q. Will I be able to make employee contributions to the Thrift Plan? A. No. Employee contributions, including pre-tax, after-tax and Roth 401(k) contributions, are made through payroll deduction. Since you will not receive a payroll check during a work stoppage, no employee contributions listed above can be made Q. Will I continue to receive Employer matching contributions to the Thrift Plan? A. No. Employer matching contributions can only be made to match employee contributions. As indicated above, since you will not be able to make employee contributions to the Thrift Plan, you will not be able to receive an Employer matching contribution. Q. Will I continue to receive vesting credit for my Employer Match while on a work stoppage? A. You will continue to receive vesting credit as long as the work stoppage period does not exceed more than 12 consecutive months. Once you are not actively at work for a period of 12 consecutive months, a Break in Service occurs and your vesting credit will stop as of that date. Q. What will happen to my existing loan payments and the balance? A. You will still need to make loan payments. Participating in a work stoppage will not relieve you of or reduce this obligation. You can continue to make existing loan payments by setting up Automatic Clearing House (ACH) payments from your personal checking/savings account. You may contact Merrill Lynch at (877) or online at to assist you with this process. Q. Will I be able to take out a loan during the period that I participate in a work stoppage? A. As long as you meet all the requirements under the Thrift Plan, you may be able to take out a loan even when you are participating in a work stoppage. However, you will be required to set up ACH loan payments as indicated above. Q. Will I be able to request a Hardship Withdrawal? A. Like the loan request described above, if you meet all the requirements under the Thrift Plan for a qualified event, then you may take a Hardship Withdrawal. Contact Valero s Financial Benefits Department at (800) extension 4808 to assist you with this process. Flex Represented FAQ 10

11 Q. Can I make investment changes to my Thrift account during this time? A. Yes. The fact that you participate in a work stoppage will not affect your ability to add, delete or make other investment changes to your core or self directed accounts under the Thrift Plan. You would follow the same process you have in the past by going online to or contact Merrill Lynch at (877) Q. Can I change my beneficiary(ies) while on a work stoppage? A. Yes. You are encouraged to review and, if necessary, update your beneficiary designation(s) on a regular basis. At a minimum, you should review this designation upon a divorce or marriage. If you choose to change your beneficiary during the time you are on a work stoppage, you should follow the current process and contact Valero s Health & Welfare Benefits Department at (800) extension 4000 to request a Valero Energy Corporation Beneficiary Designation Form. If you do not have a beneficiary form on file with Valero when you pass away, the distribution will be made in accordance with the Thrift Plan document. Q. Will I be able to view my account balance? A. Yes. You will still have the same access to your account information as before the work stoppage. You can contact Merrill Lynch at (877) or online at Q. What will happen if I am not vested as of the time of the work stoppage? A. You will continue to accrue vesting service while out on the work stoppage as long as the work stoppage does not exceed 12 consecutive months. Q. What happens if I get divorced and become subject to a Domestic Relations Order? A. Just as you would at any other time, you are required to submit any domestic relations order to the Thrift Plan for determination of whether it constitutes a Qualified Domestic Relations Order (QDRO) under the Internal Revenue Code. If it is a QDRO, the assets of your Thrift Plan account will be subject to segregation in accordance with the terms of the QDRO and the Thrift Plan. Valero Pension Plan Q. Will my participation in the work stoppage affect my pension benefit? A. You will continue to accrue vesting service while out on a work stoppage until the work stoppage exceeds 12 consecutive months. Once you have not been actively at work for a 12 consecutive month period, it is considered a Break in Service and any time after that 12 consecutive month period will not be counted toward vesting service. Q. Will I be able to obtain information on my pension benefit? A. Yes. You will still have the same access to your account information as before the work stoppage. You can run estimates by logging on to Your Pension Resources at from any computer with Internet access. If you have questions about your pension benefit or problems with Your Pension Resources Flex Represented FAQ 11

12 website, click on the Contact Us link on the site or call Valero s Financial Benefits Department at (800) extension Q. What will happen if I am not vested as of the time of the work stoppage? A. You will continue to accrue vesting service as long as the work stoppage does not exceed 12 consecutive months. Once you have not been actively at work for a 12 consecutive month period, it is considered a Break in Service and any time after that 12 consecutive month period will not be counted toward vesting service. If you have not met the three year minimum requirement for vesting prior to the work stoppage but meet the requirement during the work stoppage, you will become vested. Q. Will I continue to receive pay credits? A. No. If you are participating in the work stoppage, you will not be receiving any eligible compensation that would otherwise be used to determine any pay credit. Q. Can I take a partial or full distribution from the Pension Plan while on a work stoppage? A. Unless you retire or terminate, you will not be able to take any distribution. However, in the event a Break in Service occurs, a distribution event may be triggered. Q. Can I take a Hardship Withdrawal or a Loan from the Pension Plan? A. No. Hardship Withdrawals and Loans are not available under the Pension Plan. Q. Can I change my beneficiary(ies) while on a work stoppage? A. Yes. You are encouraged to review and, if necessary, update your beneficiary designation(s) on a regular basis. At a minimum, you should review this designation upon a divorce or marriage. This is especially important under the Pension Plan as current spouses have a right to the Qualified Joint and Survivor Annuity and must affirmatively waive their rights to this benefit. If you choose to change your beneficiary during the time you are on a work stoppage, you should follow the current process and contact Valero s Health & Welfare Benefits Department at (800) extension 4000 to request a Valero Energy Corporation Beneficiary Designation Form. If you do not have a beneficiary form on file with Valero when you pass away, the distribution will be made in accordance with the Pension Plan document. Q. What happens if I get divorced and become subject to a Domestic Relations Order? A. Just as you would at any other time, you are required to submit any domestic relations order to the Pension Plan for determination of whether it constitutes a Qualified Domestic Relations Order (QDRO) under the Internal Revenue Code. If it is a QDRO, your accrued Pension Plan benefit will be subject to segregation in accordance with the terms of the QDRO and the Pension Plan. Flex Represented FAQ 12

13 Contact List Benefit Contact Information Aetna Medical $1,000 Deductible Plan Aetna PPO Plan Aetna Out-of-Area Plan Aetna Valero Health & Welfare Benefits Prescription Coverage Express Scripts Valero Health & Welfare Benefits Aetna Dental Deductible Plans Aetna Valero Health & Welfare Benefits Vision Plans VSP UnitedHealthcare (800) (800) extension 4000 (800) (800) extension 4000 (800) (800) extension 4000 (800) (800) Critical Illness Plan Aflac (866) Legal Plan ARAG (800) Life Insurance Survivor Income Benefit MetLife (888) Accidental Death & Dismemberment Plan Occupational Accidental Death & Dismemberment Chubb (877) Flexible Spending Accounts PayFlex (888) (800) extension 4000 Valero Health & Welfare Benefits Leaves of Absence Valero Leave & Disability Administration (888) Health Care Coverage Continuation (COBRA, HIPAA) WageWorks (877) Financial Benefits 401(k) Department Pension Department (800) extension 4808 extension 4844 Merrill Lynch (877) Valero Retiree Health Care Plan Administration AmWINS (877) Flex Represented FAQ 13

14 Benefit Contact Information Retiree Life Insurance Plans Valero Retiree Administration (800) extension 2933 All Other Benefit Questions Valero Health & Welfare Benefits (800) extension 4000 Flex Represented FAQ 14