Progress Energy Florida, Inc. Long-Term Disability Plan

Transcription

1 Document title: AUTHORIZED COPY Progress Energy Florida, Inc. Long-Term Disability Plan Document number: HRI-PGNF Applies to: Eligible employees of Progress Energy Florida, Inc. (bargaining unit employees) Keywords: human resources information; benefits booklets Progress Energy Florida, Inc. Long-Term Disability Plan Summary Plan Description Progress Energy, Inc. Employer Identification No , Plan No. 505 Effective January 1, 2009 This booklet is the Summary Plan Description (SPD) for the Progress Energy Florida, Inc. Long-Term Disability Plan (the "Plan"). The Plan is sponsored by Progress Energy, Inc. and is available only to eligible bargaining unit employees of Progress Energy Florida, Inc. The Plan Sponsor reserves the right to amend or terminate the Plan or any plan benefit at any time based on the cost of the benefits or other considerations without prior approval of or notification to any party. Reference Form FRM-PGNF FlexPower Benefits Change Form HRI-PGNF Rev. 2 Page 1 of 15

2 Table of Contents Enrollment and Cost... 3 Eligibility... 3 New employees... 3 Changing your election... 3 Leaves of absence... 3 Cost... 4 How LTD Works... 5 Filing for Long-Term Disability benefits... 5 Qualifying for LTD benefits... 5 Definition of total disability under LTD... 5 When benefits are payable... 6 Amount of your benefit... 6 Social Security disability benefits... 7 How LTD is calculated... 7 Taxation of benefits... 8 Direct deposit of LTD benefits... 8 When LTD benefits stop... 8 Claim and Appeal Procedures... 9 Filing a claim... 9 Denial of claims... 9 Submitting an appeal... 9 Termination of Coverage When coverage ends Additional Plan Information Your Rights Under ERISA HRI-PGNF Rev. 2 Page 2 of 15

3 Enrollment and Cost Eligibility The Plan covers employees who meet the eligibility requirements specified below. Certain employees who are eligible are represented by the International Brotherhood of Electrical Workers. Leased employees as defined in Section 414(n) of the Code and independent contractors are not covered by the Plan. New employees If you are a regular, full-time bargaining unit employee, you are eligible to elect coverage under the 60% or 70% options under the Long-Term Disability (LTD) Plan on your first day of employment or reclassification to regular, full-time bargaining unit employment with Progress Energy Florida, Inc. If you are absent due to illness or injury on the day your coverage is scheduled to begin, coverage will be effective on the day when you return to work on a regular, full-time basis. Regular, full-time bargaining unit employees automatically have coverage under the basic coverage option, which provides 40% of your final average earnings offset by 40% of your Social Security Disability benefit; this coverage is effective after one year of Continuous Service as defined under the Retirement Plan for Bargaining Unit Employees of Florida Progress Corporation, and is will be paid out of this Plan. You are eligible to elect additional coverage by choosing either the 60% LTD option or the 70% LTD option. To elect additional coverage, you must complete your online web enrollment or submit an employer-provided Factsheet to the Employee Service Center within 30 days of your employment date or reclassification date as a regular, full-time bargaining unit employee, specifying the level of LTD coverage you wish to elect. If you elect the 60% option or the 70% option, the additional coverage will be effective on the date you sign your enrollment form (if the form is submitted within 30 days of the hire date or reclassification date). If you do not submit an election within 30 days, you will not be able to elect the 60% or 70% LTD option until the next annual enrollment period unless you have a qualifying change in your family or employment status. (Evidence of insurability will be required to increase LTD coverage at a later date.) Changing your election After the 30-day new or reclassified employee enrollment period has expired, you may not change your LTD election until annual enrollment unless you have a qualifying change in your family or employment status. Annual benefits enrollment You may change your LTD election each year during annual benefits enrollment. Elections made during annual benefits enrollment are effective January 1 through December 31 of the following year. If you are absent due to illness or injury on the day your LTD coverage is scheduled to increase, the increase will be effective when you return to work on a regular, full-time basis. (Evidence of insurability will be required to increase LTD coverage.) Leaves of absence Your long-term disability coverage will continue for the duration of the absence if you are on a leave of absence as permitted in the Employee Handbook for: Newborn care Adoption/foster care Military Service Any other absence that qualifies under the Family and Medical Leave Act HRI-PGNF Rev. 2 Page 3 of 15

4 Enrollment and Cost Qualifying events If you have a qualifying change in your family or employment status during the year, as described in the Internal Revenue Code (and as amended from time to time), you may be able to change your coverage election at that time. Some qualifying changes in family or employment status are: Your marriage, or fulfillment of all Progress Energy domestic partner relationship requirements; Legal separation, annulment, divorce or termination of domestic partner relationship; Birth, adoption or placement for adoption, or change in custody of your child; Death of your spouse or domestic partner or other dependent; Your child loses or regains dependent status (including a dependent child who is no longer a full-time student, or who returns to school or college as a full-time student); You, your spouse or domestic partner or dependent takes or returns from an unpaid leave of absence; Your spouse's or domestic partner s employer conducts an annual enrollment and your spouse or domestic partner changes his or her benefit elections; You, your spouse or domestic partner or dependent changes from part-time to full-time employment or from full-time to part-time employment; or Your spouse or domestic partner or dependent becomes employed or unemployed. You must submit a FlexPower Benefits Change Form (FRM-PGNF-00008) to the Employee Service Center within 30 days of the event if you have a qualifying change in your family or employment status and you wish to change your LTD election. The new election will be effective on the date of the qualifying event for decreases in coverage. Increases in coverage will be effective the date the Evidence of Insurability (see below) is approved. All changes must be consistent with the qualifying event. Evidence of Insurability After your initial LTD coverage election, you are required to provide Evidence of Insurability (EOI) if you wish to increase your coverage. EOI means you must complete a medical history questionnaire and you may be required to have a physical examination at your own expense. Your EOI form will be reviewed by the current group life insurance carrier which will either approve or deny the request for increased coverage. Cost There are no payroll deductions for the 40% LTD coverage option; this portion of the benefit is paid by the Retirement Plan for Bargaining Unit Employees of Florida Progress Corporation. If you select the 60% or 70% LTD option you will pay for the additional coverage through a payroll deduction each pay period. These deductions are used to fund the Florida Power Corporation s Long Term Disability Income Trust. HRI-PGNF Rev. 2 Page 4 of 15

5 How LTD Works Filing for Long-Term Disability Benefits If you are approved for short-term disability and it is anticipated that you will be absent for more than five months, the Short-Term Disability Benefits Administrator will initiate a review of your case for possible transition to Long- Term Disability at the end of the short-term disability period. Short-term disability benefits will continue up to, but not exceed, the maximum amount of time you are eligible to receive short-term disability benefits. As soon as you and your treating physician believe that your illness or injury may qualify you for LTD benefits, you should contact the Employee Service Center. Details will be provided as to what documentation will be needed for determination of eligibility for LTD benefits. If additional information to determine initial eligibility for LTD benefits is needed, you may be asked to take a physical examination given by a doctor approved by the Long-Term Disability Administrative Committee (no more than two examinations per year are required). This examination would be at the Company s expense. If you fail to furnish this information or you do not take the medical examination, your claim will be denied. Qualifying for LTD benefits To qualify for LTD benefit payments, you must be receiving regular and appropriate care and treatment intended to aid in your recovery and your return to work. Regular and appropriate care and treatment means supervised care or treatment by a health care provider who is qualified, trained, and licensed to treat you for the sickness or accidental injury causing your disability. Health care providers must be practicing in the field of expertise for which they are trained and licensed. The individual or facility must provide and coordinate your health care services in accordance with applicable state laws and licensing procedures. The individual providing your care cannot be a member of your immediate family. Immediate family members include wife, husband, child, stepchild, mother, father, stepmother, stepfather, sister, brother, grandmother, grandfather, grandchild, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-inlaw, or any other relative who resides in your household. The health care services must be provided on at least an annual basis or more frequently as requested. To confirm your continuing total disability, you will be asked to submit additional medical information on a periodic basis. This medical documentation will be at your expense. If you do not supply the requested information within 90 days from the date requested by the Plan Administrator, your disability benefits may be terminated. After reviewing your medical information, the Plan Administrator may ask you to take a physical examination to confirm continuing eligibility for LTD benefits. This examination (which may include an independent medical examination or functional capacity evaluation) would be given by a medical provider chosen by the Plan Administrator and at the Company s expense. In addition, to be eligible for LTD benefits, you are required to apply for Social Security disability benefits as described on page 7, and must be approved by the Social Security Administration within 12 months of your Disability Retirement Date. Definition of total disability under LTD You must be classified as an active employee on the day you become totally disabled. Your Disability Period begins on your Disability Retirement Date. The effective date of the total disability must occur after the effective date of coverage for you to be eligible for benefits under the Long-Term Disability Plan. Total Disability is defined as: During the first 12 months of your Disability Period you are continuously disabled by reason of sickness or injury and are prevented from performing your company-assigned duties as determined by your personal physician and the medical provider chosen by the Plan Administrator, without regard to whether you will be considered totally disabled by the Social Security Administration during this period; AND HRI-PGNF Rev. 2 Page 5 of 15

6 How LTD Works After the first 12 months of your Disability Period 1. You are continuously disabled by reason of sickness or injury and you are prevented from engaging in any occupation (as determined by the Plan Administrator) for which you are reasonably qualified by training, education, background and experience; AND 2. You are under the regular care of a physician acceptable to the Long-Term Disability Administrative Committee; AND 3. The Social Security Administration has determined that you became disabled while classified as an active employee of the Company and you have been approved to receive Social Security benefits; OR 4. You have been approved as being Totally Disabled by the Long-Term Disability Administrative Committee. When benefits are payable LTD benefits for covered disabilities are payable on the first day of the month after you have been totally disabled for five full months. For example, if you become disabled any time during the month of March, LTD benefits would begin on September 1 st. In this example, September 1 st would be your Disability Retirement Date. Benefits are not payable for any period in which you engage in a gainful occupation. You may receive LTD benefits and Company-sponsored pension benefits at the same time, depending on the LTD option you chose during the most recent Annual Enrollment period in which you were still an active employee. LTD benefits are paid out of the Retirement Plan for Bargaining Unit Employees of Florida Progress Corporation and the Florida Power Corporation s Long Term Disability Income Trust (if you have elected either the 60% or the 70% option) on a monthly basis, at the beginning of each month following approval of your LTD claim. Assuming continued eligibility and qualification, these benefit payments are paid for your lifetime only and are fully taxable to you. Amount of your benefit The basic coverage option provides 40% of your base pay earnings reduced by 40% of your Social Security disability benefit. You will then receive the greater of this amount or, if you are eligible, your early retirement benefit or the annuity produced by your cash balance benefit, as described in the Retirement Plan for Bargaining Unit Employees of Florida Progress Corporation summary plan description. LTD additional coverage options provide replacement income of either 60% or 70% (depending upon your election) of final annual base pay earnings rate at the time of disability. Annual base pay earnings include base pay earnings and lump sum base pay increases, but do not include bonuses, incentives, overtime, double time, shift differential pay and any other types of pay.) Payments under the 60% and 70% options are reduced by certain other disability benefits you receive, including Social Security disability benefits; payments from the Retirement Plan for Bargaining Unit Employees of Florida Progress Corporation, Workers Compensation or similar benefits (but not including payments for the loss of a bodily member); and any pension-type disability benefits payable under state or federal law. LTD benefits are not based on the amount of any short-term disability benefit you may have been receiving. Any income you receive from an individual disability insurance or income replacement policy will not affect the amount of your LTD benefit under this Plan. Some examples illustrating the calculation of LTD benefits can be found on Page 7. HRI-PGNF Rev. 2 Page 6 of 15

7 How LTD Works Social Security Disability benefits You must contact your local Social Security office as soon as you become totally disabled and file a claim for Social Security Disability benefits. If your claim is initially denied, you must pursue any and all Social Security appeal procedures available to you, up to and including appeals through the administrative judgment level or appeals counsel. If you are approved for Social Security Disability benefits, they may begin as soon as your fifth month of total disability. Your LTD benefit will be offset by an estimated primary Social Security award amount. An adjustment may be made if the award you actually receive differs from the amount estimated by the Plan. Social Security cost-ofliving increases that occur after you start receiving LTD benefits will not reduce the amount of your LTD benefits from the Plan. Primary Social Security benefits are paid to you because of disability. Family Social Security benefits are paid to other members of your family, such as dependent children under age 18 or a spouse age 62 or older, because of your disability, and do not reduce the amount of your LTD benefit under this Plan. At the time you apply for Social Security benefits, you should pursue family benefits if applicable. How LTD is calculated Example 1 Joe is age 45 and has 15 years of service when he becomes totally disabled. He had elected the 60% of base monthly salary option. At the time he is determined to be disabled, his final base monthly salary is $4,800. The 60% pay replacement benefit equals $2,880 per month. This is reduced by Social Security Disability benefits of $1,500 per month and $700 per month payable from the Retirement Plan. Base monthly salary Times 60% $4,800 x.60 Replacement Benefit Less Primary Social Security $2,880 (1,500) Less Retirement Plan payment (700) LTD Trust payment $ 680 Because Joe had more than 10 years of service when he became totally disabled, his payments from the Retirement Plan will continue for his life, assuming continued eligibility and qualification. Example 2 Jane is age 40 and has 5 years of service when she becomes totally disabled. She had elected the 70% of base monthly salary option. At the time she is determined to be disabled, her final base monthly salary is $3,000. The 70% pay replacement benefit equals $2,100 per month. This is reduced by Social Security disability benefits of $1,350 per month and $450 per month payable from the Retirement Plan. Base monthly salary $3,000 Times 70% x.70 Replacement Benefit $2,100 Less Primary Social Security (1,350) Less Retirement Plan payment See note below (450) LTD Trust payment during first 5 years of total disability $ 300 HRI-PGNF Rev. 2 Page 7 of 15

8 How LTD Works Since she had less than 10 years of service when she became totally disabled, Jane s Retirement Plan payments will cease after 5 years. At that time, the LTD Trust will pay the additional amount necessary so Jane will continue to receive 70% of her final pay including her Social Security Disability benefit, as follows: Base monthly salary Times 70% Replacement Benefit Less Primary Social Security $3,000 x.70 $2,100 (1,350) LTD Trust payment payments after first 5 years $ 750 In this example, payments of $750 to Jane will continue for her lifetime, assuming continued eligibility and qualification. NOTE: For more specific details on the Retirement Plan and definitions of service for purposes of Long-Term Disability benefit eligibility, please refer to the Summary Plan Description for the Retirement Plan for Bargaining Unit Employees of Florida Progress Corporation. Taxation of benefits If you are deemed eligible to receive LTD benefits, you should consult your personal tax advisor. LTD benefits are reported to the appropriate federal and state tax authorities. Withholding for applicable federal and state income tax purposes will be based on withholding election(s) that you will make when you have been approved for LTD benefits. Direct deposit of LTD benefits Your disability benefit payment may be deposited directly into your checking or savings account following receipt of the appropriate documents. Direct deposit can be suspended at any time, at your direction. When LTD benefits stop Disability benefits stop when any of the following occurs: You recover, return to work, or die. You refuse to take a Company-paid medical exam (never more than two a year are required), using a doctor acceptable to the Long-Term Disability Committee. The Long-Term Disability Committee determines that you no longer qualify for disability income based upon the status of your Social Security disability award and medical opinions. You have not been approved for total disability by the Social Security Administration within 12 months of your Disability Retirement Date. HRI-PGNF Rev. 2 Page 8 of 15

9 Filing a claim To file a claim for Long-Term Disability, please refer to Filing for Long-Term Disability Benefits AUTHORIZED COPY Claim and Appeal Procedures Denial of claims If a claim for benefits is denied, you should receive written notice of the denial within 45 days of the date your claim is received. Under special circumstances, up to 105 days (45 days for initial claim determination plus two 30-day extensions if needed) may be taken. In this case, you will be notified of the extension within the original 45-day period describing the special circumstances requiring an extension of time and the date by which a decision is expected to be made. Your notice of denial will include the reasons for the denial, a specific reference to pertinent Plan provisions on which the denial is based, any information needed to complete the claim, a description of the claim review process, and your appeals rights. Submitting an appeal To have a denied claim reviewed, you must send a written request stating any additional information to the Plan Administrator within 180 days of receipt of the initial denial notice. As a part of this review, you may: send written comments review any non-privileged information relating to your claim provide other information or proof in support of your claim The Plan Administrator will re-examine the claim and consider the additional information supplied by you in support of the claim. You will be informed of the outcome of this review within 45 days after receipt of your request, or within 90 days if there are special circumstances that require additional time. If more than 45 days are needed, you will be notified prior to the end of the 45 days that additional time is required. A decision will be provided to you in writing and will include reference to specific policy provisions, rules or guidelines on which the decision was based, and notice of your rights to bring civil action. You should receive written notice of the claim determination within 45 days of the receipt of your claim. This period may be extended by 30 days if such an extension is necessary due to matters beyond the control of the Plan. A written notice of the extension, the reason for the extension and the date by which the Plan expects to decide your claim, shall be furnished to you within the initial 45-day period. This period may be extended for an additional 30 days beyond the original 30-day extension if necessary due to matters beyond the control of the Plan. A written notice of the additional extension, the reason for the additional extension and the date by which the Plan expects to decide on your claim, shall be furnished to you within the first 30-day extension period if an additional extension of time is needed. However, if a period of time is extended due to your failure to submit information necessary to decide the claim, the period for making the benefit determination will be tolled from the date on which the notification of the extension is sent to you until the date on which you respond to the request for additional information. If your claim for benefits is denied, in whole or in part, you or your authorized representative will receive a written notice from the Plan Administrator of your denial. The notice will be written in a manner calculated to be understood by you and shall include: a. The specific reason(s) for the denial, b. References to the specific plan provisions on which the benefit determination was based, c. A description of any additional material or information necessary for you to perfect a claim and an explanation of why such information is necessary, d. A description of the Plan s appeals procedures and applicable time limits, including a statement of your right to bring a civil action under section 502(a) of ERISA following your appeals, and e. If an adverse benefit determination is based on a medical necessity or experimental treatment or similar exclusion or limit, an explanation of the scientific or clinical judgment for the determination will be provided free of charge upon request. HRI-PGNF Rev. 2 Page 9 of 15

10 Claim and Appeal Procedures First appeal If your claim for benefits is denied or if you do not receive a response to your claim within the appropriate time frame (in which case the claim for benefits is deemed to have been denied), you or your representative may appeal your denied claim in writing to the Benefits Administrator within 180 days of the receipt of the written notice of denial or 180 days from the date such claim is deemed denied. You may submit with your appeal any written comments, documents, records and any other information relating to your claim. Upon your request, you will also have access to, and the right to obtain copies of, all documents, records and information relevant to your claim free of charge. A full review of the information in the claim file and any new information submitted to support the appeal will be conducted by the Benefits Administrator, utilizing individuals not involved in the initial benefit determination. This review will not afford any deference to the initial benefit determination. The Benefits Administrator shall make a determination on your claim appeal within 45 days of the receipt of your appeal request. This period may be extended by up to an additional 45 days if the Benefits Administrator determines that special circumstances require an extension of time. A written notice of the extension, the reason for the extension and the date that the Benefits Administrator expects to render a decision shall be furnished to you within the initial 45- day period. However, if the period of time is extended due to your failure to submit information necessary to decide the appeal, the period for making the benefit determination will be tolled from the date on which the notification of the extension is sent to you until the date on which you respond to the request for additional information. If the claim on appeal is denied in whole or in part for a second time, you will receive a written notification from the Benefits Administrator of the denial. The notice will be written in a manner calculated to be understood by the applicant and shall include: a. The specific reason(s) for the adverse determination, b. References to the specific plan provisions on which the determination was based, c. A statement that you are entitled to receive upon request and free of charge reasonable access to, and make copies of, all records, documents and other information relevant to your benefit claim upon request, d. A description of The Plan Administrator s review procedures and applicable time limits, e. A statement that you have the right to obtain upon request and free of charge, a copy of internal rules or guidelines relied upon in making this determination, and f. A statement describing any appeals procedures offered by the Plan, and your right to bring a civil suit under ERISA. If a decision on appeal is not furnished to you within the time frames mentioned above, the claim shall be deemed denied on appeal. Second appeal If the appeal of your benefit claim is denied or if you do not receive a response to your appeal within the appropriate time frame (in which case the appeal is deemed to have been denied), you or your representative may make a second, voluntary appeal of your denial in writing to the Plan Administrator within 180 days of the receipt of the written notice of denial or 180 days from the date such claim is deemed denied. You may submit with your second appeal any written comments, documents, records and any other information relating to your claim. Upon your request, you will also have access to, and the right to obtain copies of, all documents, records and information relevant to your claim free of charge. Upon receipt of a second appeal, the Plan Administrator will again conduct a full review of the claim file and any additional information submitted. The claim decision will be made by using individuals not involved in the initial benefit determination or in the first appeal. HRI-PGNF Rev. 2 Page 10 of 15

11 Claim and Appeal Procedures The Plan Administrator shall make a determination on your second claim appeal within 45 days of the receipt of your appeal request. This period may be extended by up to 45 days if the Plan Administrator determines that special circumstances require an extension of time. A written notice of the extension, the reason for the extension and the date by which The Plan Administrator expects to render a decision shall be furnished to you within the initial 45-day period. However, if the period of time is extended due to your failure to submit information necessary to decide the appeal, the period for making the benefit determination will be tolled from the date on which the notification of the extension is sent to you until the date on which you respond to the request for additional information. Your decision to submit a benefit dispute to this voluntary second level of appeal has no effect on your right to any other benefits in under this Plan. If you elect to initiate a lawsuit without submitting to a second level of appeal, the Plan waives any right to assert that you failed to exhaust administrative remedies. If you elect to submit the dispute to the second level of appeal, the Plan agrees that any statute of limitations or other defense based on timeliness is tolled during the time that the appeal is pending. If the claim on appeal is denied in whole or in part for a second time, you will receive a written notification from the Plan Administrator of the denial. The notice will be written in a manner calculated to be understood by the applicant and shall include the same information that was included in the first adverse determination letter. If a decision on appeal is not furnished to you within the time frames mentioned above, the claim shall be deemed denied upon appeal. HRI-PGNF Rev. 2 Page 11 of 15

12 Termination of Coverage When coverage ends Coverage under the Progress Energy Florida, Inc. Long-Term Disability Plan will end if you terminate employment for any reason including retirement. Coverage under the Plan will also terminate if you transfer to a non-participating employer or transfer to a participating employer who terminates its participant status or leaves the controlled group of companies. If your employment status changes from a bargaining unit employee to a Progress Energy non-bargaining employee, your coverage will terminate under the FlexPower Benefits program. (Progress Energy non-bargaining employees are eligible for benefits under the Choice Benefits program.) If the Plan should be terminated, coverage ends on the date of such termination. There are no provisions for converting to an individual policy after long-term disability coverage ends. HRI-PGNF Rev. 2 Page 12 of 15

13 Additional Plan Information Plan identification The official name of the Plan is the Progress Energy Florida, Inc. Long-Term Disability Plan. The Plan was established on January 1, The Employer Identification Number (EIN) and Plan Number (PN) issued by the Internal Revenue Service under which this Plan is filed is: Employer Identification Number (EIN): Plan Number (PN): 505 The Plan Sponsor is: Progress Energy, Inc. PO Box 1551, PEB 16ESC Raleigh, NC Telephone Costs and funding Employee contributions are deposited into a trust fund with the Plan Trustee, separate from corporate assets, and are used to pay the cost of providing Plan benefits. The Plan Trustee is: Wachovia Bank Capital Management Group 200 S. Biscayne Blvd. Miami, FL Administration The Progress Energy Florida, Inc. Long-Term Disability Plan is a welfare plan as defined by the Employee Retirement Income Security Act of 1974 (ERISA), as amended. The Plan year ends on December 31 of each year and the Plan operates and maintains records on a calendar-year basis. Plan Administrator A Plan Administrator has been appointed, as required by law, to be responsible for the operation of the Plan. The Plan Administrator has overall responsibility for the operation of the Plan and controls the administration of the Plan. The Plan Administrator has the exclusive right in its sole discretion to interpret the Plan and to decide any and all matters arising thereunder, including but not limited to matters related to eligibility for benefits, application of Plan limitations, and the amount of any required contributions by or on behalf of any participants. Although the Plan Administrator has the right to interpret the provisions of the Plan and to decide all matters arising thereunder, the Plan Administrator does not have the authority to deviate from the provisions of the Plan or to approve any exceptions to the Plan. The Plan Administrator has a fiduciary obligation under applicable law to apply the provisions of the Plan as it is written. If it should become necessary to contact the Plan Administrator, call or write, referring to the Plan identification numbers. HRI-PGNF Rev. 2 Page 13 of 15

14 Additional Plan Information The Plan Administrator is: Progress Energy Service Company, LLC PO Box 1551, PEB 16ESC Raleigh, NC The Employee Service Center provides administrative services for plan participants and can be reached at the address above, by calling or by at Benefits Administrator The Benefits Administrator is: Liberty Mutual Group Disability/Progress Energy The Crawford Building Ballantyne Corporate Place Suite 400 Mailstop 04B Charlotte, NC Agent for service of legal process Legal process may be served upon the Plan s agent, sponsor or administrator. The Plan s agent for service of legal process is: Vice President - Human Resources Progress Energy Service Company, LLC PO Box 1551 Raleigh, NC Continuation of the Plan and Plan amendments The Plan Sponsor reserves the right to amend or terminate the Plan or any plan benefit at any time based on the cost of the benefits or other considerations without prior approval of or notification to any party. HRI-PGNF Rev. 2 Page 14 of 15

15 Your Rights Under ERISA The following statement is provided in compliance with the requirements of the Employee Retirement Income Security Act of 1974 (ERISA), as amended. Receiving information about your Plan and benefits As a participant in the Plan, you are entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974 (ERISA). ERISA provides that all Plan participants shall be entitled to: Examine without charge at the Plan Administrator's office and at other specified locations such as worksites, all Plan documents, including insurance contracts and a copy of the latest annual report (Form 5500 Series) filed by the Plan with the U.S. Department of Labor and available at the Public Disclosure Room of the Employee Benefits Security Administration. Obtain, upon written request to the Plan Administrator, copies of documents governing the operation of the plan, including insurance contracts and copies of the latest annual report (Form 5500 Series) and updated summary plan descriptions. The administrator may make a reasonable charge for the copies. Receive a summary of the Plan s annual financial report. The Plan Administrator is required by law to furnish each participant with a copy of this summary annual report. Prudent actions by Plan fiduciaries In addition to creating rights for Plan participants, ERISA imposes duties upon the people who are responsible for the operation of the employee benefit plan. The people who operate your Plan, called "fiduciaries" of the Plan, have a duty to do so prudently and in the interest of you and other Plan participants and beneficiaries. No one, including your employer or any other person, may fire you or otherwise discriminate against you in any way to prevent you from obtaining a welfare benefit or exercising your rights under ERISA. If your claim for a welfare benefit is denied, in whole or in part, you must receive a written explanation of the reason for the denial. You have the right to have the Plan review and reconsider your claim. Enforcing your rights Under ERISA, there are steps that you may take to enforce the above rights. For instance, if you request materials from the Plan and do not receive them within 30 days, you may file suit in a federal court. In such a case, the court may require the Plan Administrator to provide the materials and pay you up to $110 a day until you receive the materials, unless the materials were not sent because of reasons beyond the control of the administrator. If you have a claim for benefits which is denied or ignored, in whole or in part, you may file suit in a state or federal court. If it should happen that Plan fiduciaries misuse the Plan s money, or if you are discriminated against for asserting your rights, you may seek assistance from the U.S. Department of Labor, or you may file suit in a federal court. The court will decide who should pay court costs and legal fees. If you are successful, the court may order the person you have sued to pay these costs and fees. If you lose, the court may order you to pay these costs and fees (for example, if it finds your claim is frivolous). If you have any questions about the Plan, you should contact the Plan Administrator or the Employee Service Center. If you have any questions about this statement or about your rights under ERISA, you should contact the nearest office of the Employee Benefits Security Administration, U.S. Department of Labor, listed in your telephone directory or the Employee Benefits Security Administration, U.S. Department of Labor, 200 Constitution Avenue NW, Washington, DC The website of the Employee Benefits Security Administration is HRI-PGNF Rev. 2 Page 15 of 15