Please note that the eligibility guidelines outlined below are standard guidelines and may not apply to all Employers and their employees.
Employee Eligibility Rules
If you are an employee of a participating employeron the date your employer begins participation in the ILWU Warehouse Welfare Fund, you will become eligible for benefits on the first day of the month immediately following a month in which you work the hours required under the “Collective Bargaining Agreement” and your Employer makes the required contribution to the Trust Fund on your behalf.
If you are hired after your Employer has begun participation in the Trust Fund, you will become eligible for benefits on the first day of the month following the third month in any six consecutive months during which you work the hours required under the Collective Bargaining Agreement and your Employer makes the required contributions to the Trust Fund on your behalf.
If you have been eligible for benefits under another “Collective Bargaining Agreement” within the last twelve (12) months, you will become eligible for benefits on the first day of the month immediately following a month in which you work the hours required under the “Collective Bargaining Agreement” and your employer makes the required contribution to the Trust Fund on your behalf.
After you establish Initial Eligibility, you remain eligible as long as you continue working the hours required under the Collective Bargaining Agreement each calendar month, or complete the required combined hours in a calendar month under the Trust Fund and the IEDA Welfare Trust Fund.
Eligibility is terminated on the last day of the month following the month in which:
- You fail to complete the required hours of paid employment in a calendar month for Employer(s) who contribute to the Trust Fund or combined hours under the Trust Fund and the IEDA Welfare Trust Fund, or your eligibility is extended because of disability or layoff, as described below); or
- Your entitlement, if any, to extended eligibility due to disability or layoff has expired.
- Your eligibility will terminate when your employer fails to make the required contributions on your behalf.
Extension of Eligibility Due to Disability or Layoff
Due to Disability If you are an eligible Employee who has established seniority with your Employer in accordance with the Collective Bargaining Agreement, and you are unable to work because of disability, your eligibility will be continued during your disability (if provided by your collective bargaining agreement), but not for more than twelve (12) months from the occurrence of the disability.
Your Employer has the right to require a doctor’s certificate or other reasonable proof of your disability.
NOTE: Employees whose eligibility is continued under a period of disability may lose their eligibility for such continued coverage if a layoff occurs which would have affected them had they been Actively at Work. If, at the time of recall from such layoff, an Employee is still disabled as the result of the same occurrence, he or she becomes eligible for the remainder of any unused continued eligibility.
Due to Layoff If you are an eligible Employee and have established two (2) or more years of seniority with your Employer and you are laid off, your eligibility (excluding life and accidental death and dismemberment benefits) will be continued by the Plan during your layoff, up to a maximum of four (4) months. You can defer the extended coverage but only up to twelve (12) months, provided you were receiving alternate coverage (i.e. spouse’s plan) during your layoff and such alternate coverage terminates. You must provide proof to the Trust Administration Office that the alternative coverage was terminated. Only four (4) months of extended coverage will be granted in any twelve (12) month period. Extended coverage due to layoff will be provided only to Employees whose collective bargaining agreements provide for this coverage. You must contact the Trust Administration Office in order to apply for this extension.
Due to Lockout If you are an eligible Employee and have established two (2) or more years of seniority with your employer and your employer has established a lockout of some or all of its unionized Employees, you will be eligible for extended coverage. For purposes of this paragraph, a lockout is established if either a) the bargaining unit to which you belong is locked out, or b) another bargaining unit is locked out and you refuse to work due to such lockout. If this lockout provision applies to you, your eligibility (excluding life and accidental death and dismemberment benefits) will be continued up to a maximum of one (1) month. Only one (1) month of extended coverage will be granted in any twelve (12) month period. You must contact the Trust Administration Office in order to apply for this extension.
If you have any questions concerning Extension of Eligibility Due to Disability, Layoff or Lockout, you should call or write to the Trust Administration Office.
Dependent Eligibility Rules
Once an Employee qualifies for eligibility (Initialand Continuing Eligibility), eligible Dependents are also entitled to the benefits provided by the Trust, as long as the Employee remains eligible. Eligible Dependents will be covered under the same medical, prescription drug, vision, and dental programs selected by the eligible Employee. There are no life or accidental death and dismemberment benefits for Dependents.
All eligible Dependents must be enrolled, including newly-acquired Dependents (and newborn children). Services and reimbursement can be delayed, or denied to Dependents who are not properly enrolled. You may obtain the necessary forms to enroll newly-acquired Dependents from your Employer or the Trust Administration Office. Coverage may be denied if the necessary forms are not received by the Trust Administration Office within 30 days from the date your dependent becomes eligible.
Eligible Dependents are your: (1) wife or husband; (2) registered domestic partner and (3) dependent children under age 26, including adopted children, and stepchildren. If you enroll a new Dependent within 30 days of marriage, registration of domestic partnership, birth, and placement of adoption or guardianship, coverage for your new Dependent will be effective retroactively, back to the date of marriage, registration of domestic partnership, birth or placement.
You and your registered domestic partner must provide the Plan Administrative Office a signed, notarized Declaration of Domestic Partnership certifying that (a) neither partner has had a different domestic partner or spouse less than six months before they signed the Declaration of Domestic Partnership (unless you had a partner who died); (b) neither partner is related to the other; (c) you and your domestic partner have assumed mutual obligations for the welfare and support of each other; and (d) you and your domestic partner live together. If you and your domestic partner are living in a California city or county providing for such registration, and have registered as Domestic Partners with a California city or county or the State of California, you must provide the Plan Administrative Office with a copy of the Certificate of Domestic Partnership. If your domestic partner does not qualify as a dependent under Internal Revenue Code Section 152, the benefits provided to your domestic partner are taxed. The value of the imputed income resulting from the domestic partner benefits will be reported to your Employer for inclusion on your W-2 Form. To prove the dependent status of your domestic partner, submit a copy of your personal income tax return annually to the Trust Administration Office. Notwithstanding the foregoing, effective January 1, 2002, for California State tax purposes only, the value of medical coverage provided to your domestic partner will NOT be imputed to you as gross income if certain requirements are met. In order to take advantage of this new law, the domestic partnership must be established in accordance with the provisions of California Family Code Section 297. If you think this may apply to you, please contact the Trust Administration Office for a copy of California Family Code Section 297.
An unmarried dependent child over age 26, who is incapable of supporting him/herself because of mental or physical handicap which began prior to age 26, will continue to qualify as an eligible Dependent as long as the child remains disabled, unmarried, and is dependent on the Employee or Employee’s spouse or domestic partner for support and maintenance. Proof of such incapacity and dependency must be furnished to the Plan and/or Provider(s) upon request. Disabilities that occur after your child is no longer eligible are not covered.
Termination of Dependent Eligibility
Dependent Eligibility will terminate upon the earlier of the following dates:
- When the Employee ceases to be eligible.
- The date the Dependent, as defined by the Trust, no longer qualifies as an eligible Dependent.
- The date the Dependent enters into full-time military, naval, or air service.
- In the event of a divorce, your spouse’s eligibility will terminate when the final decree is issued.
- Your Domestic Partner eligibility will terminate on the date you sign a Declaration of Dissolution of Partnership.
However, when the Dependent’s eligibility terminates, the Dependent (other than a domestic partner and any children of a domestic partner) may have the right to elect COBRA coverage under the Trust Fund. Although domestic partners and children of domestic partners are not entitled to COBRA coverage, they will be eligible for continued coverage through the Trust provided they meet the COBRA requirements.