Continue Health and Dental Coverage
You may continue health care or
dental care coverage for yourself,
your spouse, or your dependents if
there is a loss of coverage under the
Health Plan or Dental Health Plan
as a result of a qualifying event. You
or your dependents may have to
pay for such coverage. Review the
applicable section of this handbook
and the documents governing the
Health Plan and Dental Health Plan
on the rules governing your COBRA
continuation coverage rights.
You may reduce or eliminate exclu-
sionary periods of coverage for pre-
existing conditions under the Health
Plan, if you have creditable coverage
from another plan. You should be
provided a certificate of creditable
coverage, free of charge, from your
group health plan or health insur-
ance issuer when you lose coverage
under the Health Plan, when you
become entitled to elect COBRA
continuation coverage, when your
COBRA continuation coverage
ceases, if you request it before los-
ing coverage, or if you request it up
to 24 months after losing coverage.
Without evidence of creditable cov-
erage, you may be subject to a pre-
existing condition exclusion for 12
months (18 months for late enroll-
ees) after your enrollment date in
your coverage.
Plan Fiduciaries
Besides giving you certain rights as
a participant, ERISA places certain
duties upon the people who are
responsible for the management of
the above-mentioned plans. These
people are called “fiduciaries” under
the law, and they have the duty to act
prudently and in your best interests.
Under ERISA, no one may fire you or
discriminate against you to prevent
you from obtaining a plan benefit or
exercising your rights under ERISA.
Enforcing Your Rights
If your claim for a benefit is denied,
in whole or in part, you must receive
a written explanation of the reason
for the denial. You have a right to
obtain copies, without charge, of
documents relating to the decision,
and to appeal any denial all within
certain time schedules.
Under ERISA, there are steps you
can take to enforce your 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 case,
the court may require the Plan
Administrator to provide the materi-
als and pay you up to $110 for each
day’s delay until you receive the
materials, unless the materials were
not sent for reasons beyond the
administrator’s control. If you have
a claim for benefits that is denied
or ignored, in whole or in part, you
may file suit in a state or federal
court. In addition, if you disagree
with a plan’s decision or lack thereof
concerning the qualified status of a
domestic relations order or medical
child support order, you may file suit
in federal court. If it should happen
that plan fiduciaries misuse plan
money, or if you are discriminated
against for asserting your rights, you
may seek assistance from the U.S.
Department of Labor or file suit in a
federal court.
In a lawsuit, the court normally
decides who pays the court costs
and legal fees. If you are success-
ful, the other party might have to
pay. But, if you lose, the court might
order you to pay these costs and
fees, especially if the court finds
your claim to be frivolous.
Assistance with Questions
If you have any questions about
this statement of your rights under
ERISA, contact the Benefits Section
of Human Resources. If you have
any questions about this state-
ment or about your rights under
ERISA, or if you need assistance
in obtaining documents from the
Plan Administrator, you should
contact the nearest area office of
the Employee Benefits Security
Administration, U.S. Department of
Labor, listed in your telephone direc-
tory, or the Division of Technical
Assistance and Inquiries, Employee
Benefits Security Administration,
U.S. Department of Labor, 200
Constitution Avenue, NW,
Washington, DC 20210. You may
also obtain certain publications
about your rights and responsi-
bilities under ERISA by calling the
publications hotline of the Employee
Benefits Security Administration.
A Final Note
This handbook presents a summary
of Boston University’s benefits for
faculty and staff. It is designed as
a quick reference source and is not
intended to cover every point of
policy. In certain instances, the
University may exercise discretion,
with respect to the administration
of the plans described in this hand-
book. For more in-depth informa-
tion, contact the Benefits Section of
Human Resources.
Periodically, the University may
make changes in policy that may
not be reflected immediately in this
handbook.
Again, for complete and up-to-date
information about any policy or ben-
efit, you should contact the Benefits
Section of Human Resources.
Please note: The policies described
in this handbook are not intended
to create an employment contract
between Boston University and its
employees. Therefore, they do not
alter the University’s rights regard-
ing discharges and layoffs.
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