ELIGIBILITY AND ENROLLMENT ELIGIBILITY AND ENROLLMENT PROCEDURES You are responsible for enrolling in the manner and form prescribed by Your employer. The Plan’s eligibility and enrollment procedures include administrative safeguards and processes designed to ensure and verify that eligibility and enrollment determinations are made in accordance with the Plan. From time to time, the Plan may request documentation from You or Your Dependents in order to make determinations for continuing eligibility. The coverage choices that will be offered to You will be the same choices offered to other similarly situated Employees. ELIGIBILITY REQUIREMENTS An eligible Employee is a person who is classified by the employer on both payroll and personnel records as an Employee who regularly works full-time 30 or more hours per week, but for purposes of this Plan, it does not include the following classifications of workers except as determined by the employer in its sole discretion: • Leased Employees. • Independent Contractors as defined in this Plan. • Consultants who are paid on other than a regular wage or salary basis by the employer. • Members of the employer’s Board of Directors, owners, partners, or officers, unless engaged in the conduct of the business on a full-time, regular basis. For purposes of this Plan, eligibility requirements are used only to determine a person’s initial eligibility for coverage under this Plan. An Employee may retain eligibility for coverage under this Plan if the Employee is temporarily absent on an approved leave of absence, which is combined with the employer’s short-term disability policy, with the expectation of returning to work following the approved leave as determined by the employer's leave policy, provided that contributions continue to be paid on a timely basis. COBRA is not applicable until short-term disability is exhausted. Employees who meet eligibility requirements during a measurement period as required by the Affordable Care Act (ACA) regulations will be deemed to have met the eligibility requirements for the corresponding coverage period as required by the ACA regulations. The employer’s classification of an individual is conclusive and binding for purposes of determining eligibility under this Plan. No reclassification of a person’s status, for any reason, by a third party, whether by a court, governmental agency, or otherwise, without regard to whether or not the employer agrees to such reclassification, will change a person’s eligibility for benefits. An eligible Employee who is covered under this Plan and who retires under the employer’s formal retirement plan will be eligible to continue participating in the Plan upon retirement, provided the individual continues to make the required contribution. See the Coordination of Benefits section for more information on how this Plan coordinates with Medicare coverage. Retirees may continue coverage under this Plan until they reach age 65. An eligible Dependent includes: • Your legal spouse, provided he or she is not covered as an Employee under this Plan. For purposes of eligibility under this Plan, a legal spouse does not include a Common-Law Marriage spouse, even if such partnership is recognized as a legal marriage in the state in which the couple resides. An eligible Dependent does not include an individual from whom You have obtained a legal separation or divorce. Documentation on a Covered Person's marital status may be required by the Plan Administrator. Coverage under this Plan is not available to the spouse of an eligible Employee if the spouse works full-time and is eligible for health coverage through his or her own employer. However, if the spouse elects coverage under their employer, coverage under this Plan is available as a secondary coverage. -35- 7670-00-413597