Dow Chemical Company Employee Benefits by xbs18159

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									               Summary Plan Description for:

           The Dow Chemical Company
         Employee Assistance Program (EAP)



      This Summary Plan Description (SPD) is updated annually on the Dow IntraNet:
                 http://eeinfo.intranet.dow.com/benefits/us/usbene/htm


See also the Choices enrollment brochures which are published annually for summaries of
the most recent modifications to this SPD. Copies of any of the above can be found at the
Dow Intranet address above or by requesting a copy from the Human Resources (HR)
Service Center, Employee Development Center, Midland, MI 48674, telephone 877-623-
8079 or 989-638-8757. Summaries of modifications may also be published from time to
time in Dow’s Newsline publication or by separate letter.




             Amended and Restated: October 1, 2005
  To be effective January 1, 2006 and thereafter until superseded




K.F. Harrison
Amended and Restated: October 1, 2005
Unrestricted-May Be Shared With Anyone
                             The Dow Chemical Company
                           Employee Assistance Program (EAP)
                               Summary Plan Description

Introduction
  The Dow Chemical Company Employee Assistance Program (“EAP”) offers professional consultation for
a variety of problems, such as emotional disorders, alcohol and drug abuse, marital, family and adolescent
problems and financial crises that may affect your personal well being and your job performance.

  The purpose of this Summary Plan Description (“SPD”) is to describe the benefits available to you under
EAP. EAP is provided under contract with APS Healthcare (formerly IRG - Innovative Resource Group,
Inc.).

  To the extent that some of the benefits provided under EAP are medical benefits, those portions of EAP is
a part of The Dow Chemical Company Medical Care Program Mental Health & Substance Abuse Plan.

  This SPD does not constitute a contract of employment. Your Employer retains the right to
terminate your employment or otherwise deal with your employment as if this SPD and the EAP had
never existed. The Dow Chemical Company reserves the right to amend, modify, and terminate EAP
at any time at its sole discretion. Interpretations, eligibility and claims decisions made by the EAP
administrators shall be final and binding on Participants.

  Words that are capitalized are defined in the Definitions section of this SPD. References to the
“Company” refer to The Dow Chemical Company. References to ”Dow” refer to a Participating Employer,
or collectively, to the Participating Employers. A "Participating Employer" means the Company and any
other corporation or business entity the Company authorizes to participate in EAP with respect to its
Employees.

Eligibility
  You are automatically covered under EAP if you are an Employee of a Participating Employer. Your
Eligible Dependents are also covered under EAP. An Eligible Dependent is:

        •     Your spouse or domestic partner;
        •     Your unmarried dependents, under 25 years of age, who are dependent upon you for
              maintenance and support. This includes legally adopted children, stepchildren and children
              who are dependent upon you by reason of legal guardianship;
        •     Your unmarried dependent children who are incapable of self sustaining employment because
              of physical or mental disability, who became disabled prior to age 25.

  Note: Children who marry and later become divorced will not qualify for coverage as “unmarried
dependent children”.

Costs
  EAP benefits are provided at no cost to you.




K.F. Harrison
Amended and Restated: October 1, 2005
Unrestricted-May Be Shared With Anyone
EAP and Mental Health & Substance Abuse Plan
  All Employees and Eligible Dependents are eligible to receive EAP services, regardless of enrollment in
the Dow Medical Plans.

  If you are not enrolled in MAP Plus or Catastrophic Medical, you are not eligible for the full benefits
offered under the Mental Health & Substance Abuse Plan. However, because of EAP, you will have access
to a limited amount of benefits under the Mental Health & Substance Abuse Plan even though you are not
enrolled in that plan.

 If you are enrolled in MAP Plus or Catastrophic Medical, you are eligible for full benefits offered under the
Mental Health & Substance Abuse Plan.

   The Mental Health & Substance Abuse Plan benefits offered by EAP are called “Medical EAP Benefits”.
If a referral is made outside the EAP Plan, pre-certification for all treatment, both In Network and Out of
Network are required. The referral and pre-certification process are “Medical EAP Benefits”.

   In addition to Medical EAP Benefits, EAP also offers services that are not medical in nature. These
“Non-Medical EAP Benefits” are not part of the Mental Health & Substance Abuse Plan or any other plan of
The Dow Chemical Company Medical Care Program. “Non-Medical EAP Benefits” refer to the EAP direct
services that all Employees and their Eligible Dependents are eligible to receive.

Coordination of Benefits
  If you use EAP, the Medical EAP Benefits and the Non-Medical EAP Benefits are available to you and
your Eligible Dependents free of charge. If you or your dependents are covered under the Mental Health &
Substance Abuse Plan and are eligible for full coverage under that plan, any benefits beyond the Medical
EAP Benefits provided by that plan are subject to the terms of the Mental Health & Substance Abuse Plan.
See the Summary Plan Description for The Dow Chemical Company Medical Care Program, which can be
found on the Dow IntraNet.

Description of Benefits
  EAP offers third party professional counseling services to help with difficult personal problems. This
program is available to you and your Eligible Dependents at no cost. The EAP program includes: 24 hour
emergency service, problem assessment, short term counseling and potential referral to network resources.

The EAP program is provided by “EAP Counselors”. EAP Counselors provide both the Medical EAP
Benefits and the Non-Medical EAP Benefits. Eligible Participants accessing EAP are offered up to six
consultations with an EAP Counselor. The goal of EAP is to provide short term, problem focused
counseling that can often resolve personal problems without referral into the Mental Health & Substance
Abuse Plan. If, however, it is determined that a referral to a provider outside of EAP is necessary, that
referral will be facilitated at the earliest opportunity, even if the full six visits have not been utilized. If you
are referred outside of EAP, payment for Services are not covered by EAP. You will be responsible for
payment of services; or, if you are covered under the Mental Health & Substance Abuse Plan, there may be
coverage under the terms of that plan. If you are referred outside of EAP, and you are enrolled in the Mental
Health and Substance Abuse Plan, you will need to obtain pre-certification from APS (if you are enrolled in
MAP Plus Plan) or Aetna (if you are enrolled in the Catastrophic Medical Plan. Call 1-800/7DOWDOW.
See the Summary Plan Description for The Dow Chemical Company Medical Care Program’s MAP Plus
Plan, Catastrophic Medical Plan and Mental Health and Substance Abuse Plan, which can be found on the
Dow Intranet for details.




K Harrison                                                                                                             Page 2
Amended and Restated: October 1, 2005
May Be Shared With Anyone
  EAP Direct Services (also called “non-Medical EAP benefits”) are not part of the Mental Health and
Substance Abuse Managed Care Plan. EAP Direct Services include such Services as marital counseling,
counseling on family and adolescent problems, and counseling for financial problems.


CLAIM PROCEDURES
  With regard to Medical EAP Benefits, if the Claims Administrator determines that your situation is not
covered under the Mental Health & Substance Abuse Plan, you may dispute the determination by filing a
written claim with APS. See the Claim Procedures Appendix in the Summary Plan Description for The Dow
Chemical Company Medical Care Program for how to file a claim and how to appeal a denied claim. This
Summary Plan Description can be found on the Dow IntraNet or you may request a free copy by calling
(877) 623-8079 or (989) 638-8757.


GRIEVANCE PROCEDURE
  If you want to appeal the denial of a claim for benefits, see the section of this SPD entitled “Appealing a
Denial of Claim”.

  If you feel that anyone is discriminating against you for exercising your rights under the Employee
Assistance Plan, or if you feel that someone has interfered with the attainment of any right to which you feel
you are entitled under the Employee Assistance Plan, or if you feel that the Plan Administrator has denied
you any right that you feel you have under the Employee Assistance Plan, you must notify the Plan
Administrator, listed in the “ERISA Information” section of this SPD, in writing within 60 days of the date
of the alleged wrongdoing. The Plan Administrator will investigate the allegation and respond to you in
writing within 90 days. If the Plan Administrator determines that your allegation has merit, the Plan
Administrator will either correct the wrong, if it was the Employee Assistance Plan which did the wrong, or
will make a recommendation to the Plan Sponsor or Participating Employer if any of them have been alleged
to be responsible for the wrongdoing. If the Plan Administrator determines that your allegation is without
merit, you may appeal the Plan Administrator’s decision. You must submit written notice of your appeal to
the Plan Administrator within 60 days of receipt of the Plan Administrator’s decision. Your appeal will be
reviewed and you will receive a written response within 60 days, unless special circumstances require an
extension of time. The Plan Administrator will give you written notice and reason for the extension. In no
event should the decision take longer than 120 days after receipt of your appeal. If you are not satisfied with
the Plan Administrator’s response to your appeal, you may file suit in court.
  If you file a lawsuit, you must do so within 120 days from the date of the Plan Administrator’s written
response to your appeal. Failure to file a lawsuit within the 120 day period will result in your waiver of your
right to file a lawsuit.

General Information Required by the Employee Retirement Income
Security Act of 1974 (ERISA)

Applicability of ERISA
  To the extent that EAP provides Medical EAP Benefits to Employees, the medical portion of EAP is a
part of the Mental Health & Substance Abuse Plan and is governed by ERISA.

  The Mental Health & Substance Abuse Plan is a part of The Dow Chemical Company Medical Care
Program.




K Harrison                                                                                                        Page 3
Amended and Restated: October 1, 2005
May Be Shared With Anyone
 Your Legal Rights
    If you are a Participant in The Dow Chemical Company Medical Care Program, you are entitled to certain
 rights and protections under the Employee Retirement Income Security Act of 1974 (ERISA).
   This law requires that all plan Participants must be able to:
• Examine, without charge, at the plan administrator's office and at other specified locations, all Plan
    documents. This includes insurance contracts, collective bargaining agreements, if any, and copies of all
    documents filed by the Plan with the U. S. Department of Labor, such as detailed annual reports and plan
    descriptions.
• Obtain copies of all plan documents and other plan information upon written request to the plan
    administrator. The plan administrator may charge a reasonable fee for the copies.
• Receive a summary of the plan's annual financial report. The plan administrator is required by law to
    furnish each plan Participant with a copy of this summary report.

    In addition to creating rights for you and all other plan Participants, ERISA imposes duties on the people
 who are responsible for operating an employee benefit plan. The people who operate the plan, called
 "fiduciaries" of the plan, have a duty to act prudently and in the interest of you and other plan Participants
 and beneficiaries.

   No one, including your Employer or any other person, may discharge you or otherwise discriminate
 against you in any way to prevent you from obtaining a plan benefit or from exercising your rights under
 ERISA. If your claim for a plan benefit is denied, in whole or in part, you must receive a written explanation
 of the reason for the denial.


 ERISA Enforcement
   Under ERISA, there are steps you can take to enforce the legal rights described above. 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 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 that is denied or ignored, in whole or in part, you are entitled to a written
 explanation of the reason for denial. If you do not agree with the claims decision, you must request a review
 and reconsideration of your claim within the time period specified in the claims review process. Failure to
 comply with the reconsideration or claims review process may significantly jeopardize your rights to
 benefits. If you are not satisfied with the reconsideration results, you may file suit in a state or federal court.

   If 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 a suit in 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. If you have any questions about the plan, you should contact the plan administrator. If you have
 any questions about this statement or about your rights under ERISA, you should contact the nearest office of
 the Pension and Welfare Benefits Administration, U.S. Department of Labor, listed in your telephone
 directory or the Division of Technical Assistance and Inquiries, Pension and Welfare Benefits
 Administration, U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210.




 K Harrison                                                                                                            Page 4
 Amended and Restated: October 1, 2005
 May Be Shared With Anyone
Welfare Benefits
   Welfare benefits, such as the Mental Health & Substance Abuse Plan, are not required to be guaranteed by
a government agency. The Company reserves the right to amend, modify or terminate its sponsored plan at
its sole discretion.




K Harrison                                                                                                    Page 5
Amended and Restated: October 1, 2005
May Be Shared With Anyone
Definitions

“Claims Administrator” means APS Healthcare, formerly known as IRG - Innovative Resource Group, Inc.

“Company” means The Dow Chemical Company.

"Dow" means a Participating Employer, or collectively, the Participating Employers.

“Dow Medical Care Program” means The Dow Chemical Company Medical Care Program.

“EAP” means The Dow Chemical Company Employee Assistance Program.

“EAP Counselor” means a person employed by APS Healthcare to provide EAP services, or an entity or
person under contract with APS to provide EAP services.

“Eligible Dependent” means a person who meets the definition described in the Eligibility section of this
SPD.

“Employee” means a person who:
       a. is employed by a Participating Employer to perform personal services in an employer-employee
           relationship which is subject to taxation under the Federal Insurance Contribution Act or
           similar federal statute, and
       b. receives a payment for services performed for the Participating Employer directly from the
           Participating Employer’s or Dow’s U.S. Payroll Department, and
       c. is either a Salaried individual who is classified by the Participating Employer as having
           “regular full-time active” status, a Salaried individual who is classified by the Participating
           Employer as having active “less than full-time” status, or is a Bargained for individual who is
           classified by The Dow Chemical Company as having “regular full-time active” status whose
           bargaining unit has agreed to this Program.

             The definition of “Employee” does not include an individual who performs services for the
             benefit of a Participating Employer if his compensation is paid by an entity or source other than
             the Participating Employer’s or Dow’s U.S. Payroll Department. Further, the definition of
             “Employee” does not include any individual who is carried on the books of the Participating
             Employer as an independent contractor, contingent worker, consultant or contractor. These
             individuals are not “Employees” (with a capital “E”) for purposes of the Plan even if any such
             individual(s) is determined by a court or regulatory agency to be a “common law employee” of
             a Participating Employer.

“Employer” means The Dow Chemical Company or a Participating Employer.

“Medical EAP Benefits” means medical benefits offered through EAP. These Medical EAP Benefits are
provided by the Mental Health & Substance Abuse Plan.

“Mental Health & Substance Abuse Plan” means The Dow Chemical Company Medical Care Program
Mental Health & Substance Abuse Plan.

“Non-Medical EAP Benefits” (also called “EAP Direct Services”) means EAP benefits that are not Medical
EAP Benefits. Examples of Non-Medical EAP Benefits are financial and marital counseling, and counseling
on family and adolescent problems.

Participant” means a person who receives EAP benefits.
K Harrison                                                                                                       Page 6
Amended and Restated: October 1, 2005
May Be Shared With Anyone
“Participating Employer” means the Company and any other corporation or business entity the Company
authorizes to participate in EAP with respect to its Employees.

“SPD” means the Summary Plan Description for The Dow Chemical Company Employee Assistance
Program.




K Harrison                                                                                            Page 7
Amended and Restated: October 1, 2005
May Be Shared With Anyone
                                    ERISA INFORMATION


Name of Plan:                           The Dow Chemical Company Employee Assistance Program.

Plan Sponsor and                        The Dow Chemical Company
Plan Administrator:                     Human Resource Development Strategic Center
                                        Workforce Planning
                                        Employee Counseling Services
                                        Employee Development Center
                                        Midland, Michigan 48674

Employer Identification Number:         38-1285128

To Serve Legal Process:                 Plan Administrator at the above address, or
                                        General Counsel
                                        The Dow Chemical Company
                                        2030 Dow Center
                                        Midland, Michigan 48674

Benefits are provided by:               APS Healthcare, formerly Innovative Resource Group, Inc.
                                        (IRG)
                                        Innovative Resource Group
                                        8 Greenway Plaza, Suite 1500
                                        Houston, Texas 77046

Claims Administrator:                   APS Healthcare
                                        P.O. Box 916
                                        Brookfield, WI 53008-0916

Plan Year:                              Fiscal records are kept on a plan year beginning
                                        January 1 and ending December 31.

Funding:                                Benefits are provided from Dow’s and Participating
                                        Employers’ general assets. The assets of the “Program” may be
                                        used at the discretion of the Plan Administrator to pay for any
                                        benefits provided under the “Program”, as the “Program” may
                                        be amended from time to time, as well as to pay for any
                                        expenses of the “Program”. Such expenses may include, and are
                                        not limited to, consulting fees, actuarial fees, attorneys fees,
                                        third party administrator fees and other administrative expenses.


Plan Number:                            The Medical EAP Benefits are part of the Mental Health &
                                        Substance Abuse Plan. The Mental Health and Substance Abuse
                                        Plan is part of The Dow Chemical Company Medical Care
                                        Program (ERISA Plan #501).




K Harrison                                                                                              Page 8
Amended and Restated: October 1, 2005
May Be Shared With Anyone

								
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