Nonforfeitable right what is




















To qualify as a benefit, drug abuse or alcoholism treatment must include an inpatient confinement. This treatment involves supervised care by medical personnel that is designed to reduce or eliminate the symptoms of chemical dependency.

Treatment can occur on an inpatient or an outpatient basis. These services are intended to alter the behavior of substance abusers and usually are provided after detoxification is complete. Services can be provided on an inpatient or outpatient basis. A premium is the fee paid for coverage of medical benefits for a defined period. Premiums can be paid by employers, unions, or employees or can be shared by the enrollee and the plan sponsor.

Self-insured plan. Under this type of plan, employers directly assume the major cost of health insurance for their employees. Some self-insured plans bear the entire risk. Other self-insured plans insure against large claims through the purchase of stop-loss coverage. Some self-insured plans contract with insurance carriers or third-party administrators for claims processing and other administrative services; other self-insured plans are self-administered.

Administrative services only ASO. Insured plan. Well-baby care. The benefit includes preventive pediatric care, routine pediatric care, and routine pediatric immunizations.

Care immediately after the birth of the child is not included. Prescription drug plans provide coverage for outpatient prescription drugs. Prescription drugs dispensed during a hospital stay are covered as hospital miscellaneous charges. Generic drugs. These are drugs that are not under any patents. Mail-order drugs. These are drugs that can be ordered through the mail. As a cost containment measure, some plans use mail-order pharmacies that typically provide a 3-month supply of maintenance drugs.

Formulary drugs. These are drugs approved by the health care provider. Drugs not approved by the health care provider are nonformulary drugs, for which enrollees receive less generous benefits, such as a higher copayment per prescription. Dental care plans provide services or payments for restorative care and related dental services.

Major services. Major services are dental surgery, endodontics root canal therapy , periodontics treatment for gum disease , crowns, and prosthetics replacement of missing teeth with bridgework or dentures. Vision care plans provide coverage for the nonsurgical improvement of eyesight, including coverage for eyeglasses and contact lenses.

Coverage typically is limited and is subject to applicable copayments or scheduled cash allowances. Life insurance provides a lump-sum payment to a designated beneficiary or beneficiaries of deceased employees.

Companies also may allow employees to pay for additional amounts of coverage. Fixed-multiple-of-earnings benefit plans. These plans link the benefit amount to employee earnings, usually rounded to a stated dollar amount.

This link enables the level of protection to increase automatically as income rises. Variable-multiple-of-earnings benefit plans. Benefit calculations under these plans use multiples that are based on employee earnings.

Flat-dollar-amount benefit plans. These plans provide a fixed life insurance benefit amount. Variable-dollar-amount benefit plans. Paid holidays. Holidays are days off from work on days of special religious, cultural, social, or patriotic significance on which work and business ordinarily cease. Employees may receive either full or partial pay for holidays. Paid vacation. Vacations are leave from work or pay in lieu of time off provided on an annual basis and normally taken in blocks of days or weeks.

Paid vacations commonly are granted to employees only after they meet specified service requirements. The amount of vacation leave received each year usually varies with the length of service.

Vacation time off normally is paid at full pay or partial pay, or it may be a percentage of employee earnings. Paid personal leave. Personal leave is a general-purpose leave benefit, used for reasons important to the individual employee, but not otherwise provided for by other forms of leave.

Some employers place restrictions on the purposes for which personal leave may be used. Paid sick leave. Employees commonly receive their regular pay for a specified number of days off per year. Sick leave is provided on a per-year basis, usually expressed in days, and is never insured. Paid military leave. Military leave is paid absence from work to fulfill military commitments. Paid funeral leave.

Funeral leave provides time off from work because of a death in the family. The period of absence is usually limited to a few days for example, 3 paid days for immediate family and 1 paid day for other relatives. Paid jury duty. Jury duty leave provides a paid absence from work when one is summoned to serve as a juror.

Paid family leave. Family leave is granted to an employee to care for a family member and includes paid maternity and paternity leave. The leave may be available to care for a newborn child, an adopted child, a sick child, or a sick adult relative. Paid family leave is given in addition to any sick leave, vacation, personal leave, or short-term disability leave that is available to the employee. Unpaid family leave. This leave is granted to an employee to care for a family member.

The leave may be used to care for a newborn child, an adopted child, a sick child, or a sick adult relative. A typical family leave plan extends leave without pay to an employee for a period of several months while the employee cares for the family member. The Family and Medical Leave Act FMLA of is a Federal law providing unpaid job-protected leave to eligible workers for the care of their families or themselves for specified family and medical conditions.

The FMLA provides eligible workers with up to 12 workweeks of unpaid leave per year for the birth, adoption, or foster care placement of a child; the care of a spouse, son, daughter, or parent with a serious health condition; or the employee's own serious health condition resulting in an inability to work.

Employers with fewer than 50 employees at a worksite and within 75 miles of that worksite are excluded from the FMLA. Consolidated leave plans. These are plans that provide a single amount of time off for workers to use for any of a number of purposes, such as vacation, illness, or personal business.

Leisure leave. Access to one or more of the following benefits: paid vacation, paid holidays, and paid personal leave. Disability benefits provide protection against loss of income due to a nonoccupational illness or injury.

Short-term disability STD plans provide benefits for non-work-related illnesses or accidents on a per-disability basis, typically for a 6-month to month period. Benefits are paid as a percentage of employee earnings or as a flat dollar amount. STD benefits vary with the amount of predisability earnings, length of service with the establishment, or length of disability.

Unfunded salary continuation. The employer pays the benefit from operating revenue, assuming all associated risks and expenses. Noncommercially insured. The employer is required to have liquid assets corresponding to the projected liability of the plan. The employer assumes all risks and expenses of providing the benefit. Commercially insured. The employer pays monthly premiums to an insurance carrier in exchange for the carrier assuming all risks of underwriting a short-term disability policy.

In some cases, the employer contributes a specific amount often, a number of cents per hour worked for each employee to a designated union fund that provides welfare benefits.

State temporary disability plans. These plans provide temporary income for a limited period to workers who are unable to work because of non-work-related accidents or illnesses. California and Rhode Island mandated plans do not require employer contributions; Hawaii, New Jersey, and New York require employer contributions to disability plans. Long-term disability LTD plans provide a monthly benefit to eligible employees who, because of a non-work-related illness or injury, are unable to work for an extended length of time.

Benefits usually are paid as a fixed percentage of predisability earnings, up to a set limit. Most participants have a waiting period of 3 to 6 months, or until sick leave or STD benefits end, before LTD benefits begin. Flexible work schedule. This benefit permits employees to set their own schedules within a general set of parameters.

Employees generally are required to work a minimum number of core hours each day. Childcare assistance. Provides either the full or partial cost of caring for an employee's children in a nursery or daycare center or by a babysitter. Care can be provided in facilities either on or off the employer's premises. Flexible workplace.

Permits workers to work an agreed-upon portion of their work schedule at home or at some other approved location, such as a regional work center. Such arrangements are especially compatible with work requiring the use of computers linking the home or work center to the central office. Wellness programs. These programs provide a structured plan, independent from health insurance, that offers employees two or more of the following benefits: smoking cessation programs, exercise or physical fitness programs, weight control programs, nutrition education, hypertension tests, periodic physical examinations, stress management programs, back-care courses, and lifestyle assessment tests.

Employee assistance programs EAPs. These programs provide structured plan, closely related to employee wellness programs, that typically deals with more serious personal problems than the essentially medical problems covered by wellness programs. EAPs can offer referral services, or referral services in combination with counseling services. Both the referral services and the counseling services may be supplied by company personnel, by an outside organization under contract, or by a combination of both.

Health savings accounts HSAs. These financial tools are portable accounts owned by employees and used to pay for medical expenses with tax-exempt contributions. HSAs are used in combination with employer-provided high-deductible health plans HDHPs with annual maximum limits on out-of-pocket and deductible expenses. Other features include the rollover of unused contributions from year to year and tax-free interest. Flexible benefit plans. Also known as cafeteria benefit plans, flexible benefit plans are operated under provisions of Section of the Internal Revenue Code.

Section allows employees to make a choice between cash taxable and noncash nontaxable benefits. The code permits companies providing flexible benefit plans to offer employees the following options: accident and health insurance plans, including health care spending accounts; group term life insurance and dependent coverage; disability benefits and accidental death and dismemberment plans; employee contributions to k plans or other thrift or savings plans either pretax or after tax ; dependent care assistance plans, including spending accounts; vacation days; and group legal services.

Flexible benefit plans may be funded solely by the employer or through joint employer-employee contributions. Employers usually grant each employee credits to purchase benefits covered by the plan. Health care reimbursement accounts. For purposes of this subparagraph, the term "rollover contributions" means any rollover contribution under sections c , a 4 , b 8 , d 3 A ii , and e 16 of title An applicable defined benefit plan shall not be treated as failing to meet-.

A subject to paragraph 2 , the requirements of subsection a 2 , or. B the requirements of section c or g of this title , or the requirements of subsection e , with respect to accrued benefits derived from employer contributions,. In the case of an applicable defined benefit plan, such plan shall be treated as meeting the requirements of subsection a 2 only if an employee who has completed at least 3 years of service has a nonforfeitable right to percent of the employee's accrued benefit derived from employer contributions.

The term "applicable defined benefit plan" means a defined benefit plan under which the accrued benefit or any portion thereof is calculated as the balance of a hypothetical account maintained for the participant or as an accumulated percentage of the participant's final average compensation.

The Secretary of the Treasury shall issue regulations which include in the definition of an applicable defined benefit plan any defined benefit plan or any portion of such a plan which has an effect similar to an applicable defined benefit plan. Section of this title , referred to in subsec. B generally. Prior to amendment, subpar. B read as follows: "the requirements of section c of this title or section g of this title with respect to contributions other than employee contributions,".

C which read as follows: "A plan satisfies the requirements of this subparagraph if-. Prior to amendment, par. A generally. A read as follows: "years of service before age 18, except that in case of a plan which does not satisfy subparagraph A or B of subsection a 2 , the plan may not disregard any such year of service during which the employee was a participant;".

A and B and struck out subpar. B heading "Applicable interest rate". For purposes of this part, the term 'class year plan' means a profit sharing, stock bonus, or money purchase plan which provides for the separate nonforfeitability of employees' rights to or derived from the contributions for each plan year. D generally. D read as follows: "For purposes of paragraph 1 , in the case of a participant who, under the plan, does not have any nonforfeitable right to an accrued benefit derived from employer contributions, years of service before any 1-year break in service shall not be required to be taken into account if the number of consecutive 1-year breaks in service equals or exceeds the aggregate number of such years of service prior to such break.

Such aggregate number of years of service before such break shall be deemed not to include any years of service not required to be taken into account under this subparagraph by reason of any prior break in service. Amendment by Pub. Amendment by section a 4 of Pub. Amendment by section a 2 of Pub. Amendment by section d 2 E of Pub. Amendment by section b of Pub. Sample 1. Sample 2. Sample 3. Nonforfeitable means a Participant 's or Beneficiary 's unconditional claim , legally enforceable against the Plan , to the Participant 's Account Balance.

Nonforfeitable means a right to a pension benefit , either immediate or deferred , which arises from an employee 's service , which is unconditional , and which is legally enforceable against the pension plan or the contractor. Rights to benefits that do not satisfy this definition are considered forfeitable.



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