EXHIBIT 10(z)
BUSINESS TRAVEL ACCIDENT INSURANCE PLAN
THE SHERWIN-WILLIAMS COMPANY
TABLE OF CONTENTS
Introduction
General Information
- Eligibility
- Effective Date
- Coverage
- "Business Travel" Defined
- Exclusions
- Extraordinary Commutation Coverage
- Beneficiary
Benefits
- Principal Sum Payable Under the Plan
- Schedule of Benefits for Accident Death, Dismemberment and Paralysis
- Permanent Total Disability
- Exposure and Disappearance
Policy Provisions
- Notice of Claim
- Claim Forms
- Proof of Loss
- Time of Payment of Claims
- Payment of Claims
- Physical Examination and Autopsy
Additional Information
INTRODUCTION
You may, on occasion, have to travel in order to conduct business for The
Sherwin-Williams Company. This travel may be intra-city (for example, traveling
from store to store) or across the ocean. Whenever you travel on behalf of The
Sherwin-Williams Company, you will be provided with Business Travel Accident
Insurance -- wherever the location and whatever the time, as long as you are
traveling on business for The Sherwin-Williams Company.
This insurance provides payment in the event of:
- Accidental Death, Dismemberment or Paralysis
- Permanent Total Disability
This Business Travel Accident Insurance is provided under insurance contract GTP
8035022A, underwritten by AIG Life Insurance Company, with offices in
Wilmington, DE a member company of American International Group, Inc. Benefits
are paid by the insurance company. The entire cost of the Plan is paid by
Sherwin-Williams.
In the pages that follow, you and your family will read more about the Business
Travel Accident Insurance Plan. If you need more information after reading this
booklet, contact your local Personnel Office.
GENERAL INFORMATION
ELIGIBILITY
Class I: All Officers and Salaried Directors of the Policyholder.
Class II: All other full-time Salaried Employees of the Policyholder, excluding
Nationals of Foreign Subsidiaries. For the purposes of the Plan, you are
considered to be a full-time employee if you are regularly scheduled to work not
less than 35 hours per week.
EFFECTIVE DATE
Your coverage is effective on the date you are employed, provided you meet the
eligibility requirements. No enrollment is necessary.
COVERAGE
Class I: 24 Hour Business and Pleasure Coverage.
Class II: 24 Hour Business Travel Only Away From Premises Coverage.
"BUSINESS TRAVEL" DEFINED
"Business Travel" means a trip authorized by The Sherwin-Williams Company for
purposes of furthering the business of Sherwin-Williams away from your regular
place of work. Coverage begins when you leave your home or place of business,
whichever occurs last and ends when you return to your home or place of
business, whichever occurs first. You are covered 24 hours
while on the business trip. Coverage is provided regardless of the mode of
transportation - riding a bus, taxi, scheduled airline or while walking.
"Business Travel" does not include routine, everyday commuting to and from work.
(Exception - see Commuter Strike Coverage)
Example:
Normally you report to work at a store. Today, instead of going to the store,
you travel directly to the Division Office for a meeting. In this example, the
Plan covers travel to and from your Division Office.
EXCLUSIONS
You are not covered if you:
- are riding in any aircraft being used for any test or experimental
purpose, crop dusting, crop seeding, banner towing, acrobatic or
stunt flying, racing or speed contests or,
- are flying in any rotor craft, except one provided by a scheduled
airline, or
- are the pilot, operator or crew member of an aircraft in which you
are flying, or
- are flying in any aircraft owned, leased or operated by The
Sherwin-Williams Company, or any insured. (Coverage on The
Sherwin-Williams Company's aircraft is provided under a separate
Plan administered by Sherwin-Williams Risk Management Department.)
Additionally, this insurance does not cover losses caused by, or resulting from,
any of the following:
- suicide, or any self-inflicted injuries,
- while in the military (land, sea, or air) service of any country or
international authority,
- declared or undeclared acts of war occurring within or over the
United States or the insured's place of permanent residence,
- disease, of any kind,
- bacterial infections, except pyogenic infection which shall occur
through an accidental cut or wound,
- normal everyday travel between your residence and your place of
work, except for the following.
EXTRAORDINARY COMMUTATION COVERAGE
Where applicable such insurance as is afforded by the Plan is extended to
include non-business commutation between your place of residence and place of
regular employment by automobile or other conveyance, but only when it is
necessary for you to use such means of conveyance because of the discontinuance
of service, due to strike or major breakdown, of one or more public conveyance
transportation systems regularly used by you, with or without approval of the
Policyholder.
BENEFICIARY
Your beneficiary for Business Travel Accident Insurance is as designated on your
Salaried Employee Benefit Decision Form. If you have no beneficiary designation
on record, payment will be made to the beneficiary you have designated for your
Salaried Employees' Group Life
Insurance Plan. If there is no such designation the beneficiary shall be in
accordance with the following in descending order of preference:
1. In equal shares to the members of the first surviving class of
the following classes of beneficiaries: (a) spouse; (b)
children, if living; otherwise to their descendants per
stirpes; (c) parents; (d) brothers and sisters, if any;
otherwise;
2. The estate of the Insured Person.
Anyone who has not made an irrevocable designation of beneficiary may designate
a new beneficiary at any time, without the consent of the beneficiary, by filing
with the Policyholder a written request for such change, but such change shall
become effective only upon receipt of such request at the Personnel Office of
the Policyholder. When such request is received by the Policyholder, whether you
are living or not, the change of beneficiary shall relate back to take effect as
of the date of execution of the written request, but without prejudice to the
Company on account of any payment theretofore made by it.
BENEFITS
The Principal Sum Payable Under the Plan is:
Class I: $225,000.00
Class II: $150,000.00
The maximum amount payable for any one aircraft accident is $3,000,000. This
amount will be prorated among all employees who might be injured in the same
accident.
SCHEDULE OF BENEFITS FOR ACCIDENT DEATH, DISMEMBERMENT AND PARALYSIS
If within 365 days from the date of a covered accident, an injury results in
death or other covered loss, the following benefits will be paid:
Death Principal Sum
Any two of: either hand, either foot, Principal Sum
or the sight of both eyes
Speech and Hearing Principal Sum
Any one of: either hand, either foot, One-Half the Principal Sum
or the sight of either eye
Speech or Hearing One-Half the Principal Sum
Thumb and one finger of the same hand One-Quarter the Principal Sum
Quadriplegia Principal Sum
Paraplegia Three-Quarters the Principal Sum
Hemiplegia One-Half the Principal Sum
The term "loss" as used herein shall mean with regard to hands or feet, actual
severance through or above the wrist or ankle joints, with regard to eyes,
entire irrecoverable loss of sight, with regard to thumb and one finger, actual
severance through or above metacarpophalangeal joints, with regard to speech,
entire irrevocable loss, and with regard to hearing, the entire and irrevocable
loss in both ears. With regard to quadriplegia, complete and irreversible
paralysis of both upper and lower limbs; with regard to paraplegia, the complete
and irreversible paralysis of both lower limbs; with regard to hemiplegia, the
complete and irreversible paralysis of upper and lower limbs on one side of
body.
Indemnity provided under the indemnity provision will not be paid, under any
circumstances, for more than one of the losses, the greatest, sustained as the
result of any one accident.
PERMANENT TOTAL DISABILITY
When as the result of injury and commencing within 365 days of the date of the
accident you are totally and permanently disabled and prevented from engaging in
each and every occupation or employment for compensation or profit for which you
are reasonably qualified by reason of your education, training or experience,
the Company will pay, (provided such disability has continued for a period of
twelve consecutive months and is total, continuous and permanent at the end of
this period) the Principle Sum less any other amount paid or payable under the
Accidental Death and Dismemberment Indemnity Coverage of the policy as the
result of the same accident.
EXPOSURE AND DISAPPEARANCE
If by reason of an accident covered by the policy you are unavoidably exposed to
the elements and as a result of such exposure suffer a loss for which indemnity
is otherwise payable hereunder, such loss will be covered under the terms of the
policy.
If your body has not been found within one year of your disappearance, forced
landing, stranding, sinking or wrecking of a conveyance in which you were an
occupant, then it shall be deemed, subject to all other terms and provisions of
the policy, that you have suffered loss of life within the meaning of the
policy.
POLICY PROVISIONS
1. NOTICE OF CLAIM: Written notice of claim must be given to the Company within
twenty days after the occurrence or commencement of any loss covered by the
policy, or as soon thereafter as is reasonably possible. Notice given by or on
behalf of the claimant to the Administrative Offices of the Company, or to any
authorized agent of the Company, with information sufficient to identify you
shall be deemed notice to the Company.
2. CLAIM FORMS: The Company, upon receipt of a notice of claim will furnish to
the claimant such forms as are usually furnished by it for filing proofs of
loss. If such forms are not furnished within fifteen days after giving of such
notice the claimant shall be deemed to have complied with the requirements of
the policy as to proof of loss upon submitting, within the time fixed in the
policy for filing proofs of loss, written proof covering the occurrence, the
character and the extent of the loss for which claim is made.
3. PROOF OF LOSS: Written proof of loss must be furnished to the Company at its
said office in case of claim for loss for which this policy provides any
periodic payment contingent upon continuing loss within ninety days after the
termination of the period for which the Company is liable and in case of claim
for any loss within ninety days after the date of such loss. Failure to furnish
such proof within the time required shall not invalidate nor reduce any claim if
it was not reasonably possible to give proof within such time, provided such
proof is furnished as soon as reasonably possible.
4. TIME OF PAYMENT OF CLAIMS: Indemnities payable under the policy for any loss
for which the policy provides any periodic payment will be paid immediately upon
receipt of due written proof of such loss. Subject to due written proof of loss,
all accrued indemnities for loss for which the policy provides periodic payment
will be paid at the expiration of each four weeks during the continuance of the
period for which the Company is liable, and any balance remaining unpaid upon
the termination of liability will be paid immediately upon receipt of due
written proof.
5. PAYMENT OF CLAIMS: Indemnity for loss of life will be payable in accordance
with the beneficiary designation and the provisions respecting such payment
which may be prescribed herein and effective at the time of payment. If no such
designation or provision is then effective, such indemnity shall be payable to
your estate. Any other accrued indemnities unpaid at your death may, at the
option of the Company, be paid either to such beneficiary or to such estate. All
other indemnities will be payable to you.
If any indemnity of the policy shall be payable to your estate or an Insured
Person who is a minor or otherwise not competent to give a valid release, the
Company may pay such indemnity, up to an amount not exceeding $1,000 to any
relative by blood or connection by marriage of the Insured Person who is deemed
by the Company to be equitably entitled thereto. Any payment made by the Company
in good faith pursuant to this provision shall fully discharge the Company to
the extent of such payment.
Subject to any written direction by you, all or a portion of any indemnities
provided by the policy on account of hospital, nursing, medical or surgical
service may, at the Company's option and unless you request otherwise in writing
not later than the time for filing proof of such loss, be paid directly to the
hospital or person rendering such services, but it is not required that the
services be rendered by a particular hospital or person.
6. PHYSICAL EXAMINATION AND AUTOPSY: The Company at its own expense shall have
the right and opportunity to examine the person of any individual whose injury
or sickness is the basis of claim when and as often as it may reasonably require
during the pendency of a claim hereunder and to request an autopsy in case of
death, where it is not forbidden by law.
FILING AND APPEALING CLAIMS
In the event of a claim, notify the Corporate Director of Employee Benefits in
Cleveland as soon as possible. Written notice must be given to the insurance
company within 20 days after a loss occurs -- or as soon thereafter as is
reasonably possible.
The Employee Benefits Department will request the necessary Proof of Loss
documents (for example, an attending physician statement, death certificate,
etc.). Shortly after receipt of the Proof of Loss document, the insurance
company will pay the applicable benefit, or notify you in writing of their
denial of the claim.
If you or your beneficiary disagree with the decision reached on your claim, you
may write to The Sherwin-Williams Company Employee Benefits Department in
Cleveland. Your appeal will be referred to the insurance company who will inform
you of the decision in writing within 60 days.
The address and telephone number of the Employee Benefits Department is:
The Sherwin-Williams Company
ATTN.: Corporate Director of Employee Benefits
101 Prospect Avenue, N.W.
Cleveland, OH 44115
(216) 566-3062
ADDITIONAL INFORMATION
As a participant in The Sherwin-Williams Business Travel Accident Insurance
Plan, you are entitled to certain rights and protections under the Employee
Retirement Income Security Act of 1974. ERISA provides that all plan
participants shall be entitled to:
- Examine, without charge, at the office of the plan administrator and
at other locations, such as your local Personnel Office, all plan
documents, including copies of all documents filed by the plan with
the U.S. Department of Labor, such as annual reports and plan
descriptions.
- Obtain copies of all plan documents and other plan information upon
written request to the plan administrator. The administrator may
make a reasonable charge for the copies.
- Receive the ERISA-required summary of the plan's annual financial
report. The plan administrator is required by law to furnish each
participant a copy of any such summary financial report.
- Obtain, once a year, a statement of your current benefit level under
this plan. You must make a written request for this statement and it
will be provided free of charge.
- File suit in a federal court, if any materials requested are not
received within 30 days of the participant's request, unless the
materials were not sent because of matter beyond the control of the
administrator. The court may require the plan administrator to pay
up to $100 for each day's delay until the materials are received.
In addition to creating rights for plan participants, ERISA imposes obligations
upon the persons who are responsible for the operation of the employee benefit
plan. These persons are referred to as "fiduciaries" in the law.
Fiduciaries must act solely in the interest of the plan participants and they
must exercise prudence in the performance of their plan duties. Fiduciaries who
violate ERISA may be removed and required to make good any losses they have
caused the plan.
Your employer may not fire you or discriminate against you to prevent you from
obtaining a Business Travel Accident Insurance Plan benefit or exercising your
rights under ERISA. If you are improperly denied a Business Travel Accident
Insurance Plan benefit in full or in part, you have a right to file suit in a
federal or a state court. If plan fiduciaries are misusing the plan's money, you
have a right to file suit in a federal court or request assistance from the U.S.
Department of Labor. If you are successful in your lawsuit, the court may, if it
so decides, require the other party to pay your legal cost, including attorney's
fees.
Legal process related to this plan may be directed to:
Corporate Secretary
The Sherwin-Williams Company
101 Prospect Avenue, N.W.
Cleveland, Ohio 44115
In addition, service of legal process may be made upon the plan administrator.
If you have any questions about this statement of your rights under ERISA, you
should contact the plan administrator or the nearest Area Office of the U.S.
Labor-Management Service Administration, Department of Labor.
ADMINISTRATION
The administrator of The Business Travel Accident Insurance Plan is The
Sherwin-Williams Company.
PLAN NUMBER AND YEAR
The Employer Identification Number is 34-0526850
The Sherwin-Williams Plan Number is 508
Plan records are kept by the Plan Year, which runs from June 1 to May 31.
INSURANCE COMPANY
The insurance company for this plan is:
AIG Life Insurance Company
One Alico Plaza, P.O. Box 667
Wilmington, DE 19899
This coverage description should in no way be construed as a contract of
insurance but does provide you with a summary of the principal provisions of the
plan. Full details of the coverage are contained in Group Travel Policy Number
GTP8035022A. If there is any conflict or ambiguity between the brochure and the
policy, the policy shall govern.
EMPLOYMENT RELATIONSHIP
Each employee, at the time of hire, should understand that the employment
relationship with the Company is an at-will relationship, and as such may be
terminated at any time by either party. Nothing in the application form,
employee handbook, or Company policy manuals is intended by the Company to be an
express or implied contract of employment for a specific period of time between
the employee and the Company, unless clearly so stated and signed by both
parties. Circumstances may arise whereby employment may be terminated for
economic reason, or various other reasons, unrelated to the employee's work
performance or behavior.
Underwritten by
AIGLIFE INSURANCE COMPANY
Home Office -- Pittsburgh, Pennsylvania
Administrative Office:
One Alico Plaza, P.O. Box 667
Wilmington, Delaware 19899