IMF_HR_2015 Short Term Disability
IM Flash Technologies, LLC Health and Welfare Benefits Plan
Short Term Disability Plan
The IM Flash Short Term Disability Plan provides partial income replacement for you if you
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become
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and unable to work for a short period of time. This benefit is provided
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at no cost to you. The Short Term Disability Plan is administered by IM Flash and Micron.
Owner:
Benefits Team
Date Created:
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IMF_HR_2015 Short Term Disability
Table of Contents
ELIGIBILITY............................................................................................................................................................................................ 3
ENROLLMENT ....................................................................................................................................................................................... 3
BENEFIT PAYMENT ELIGIBILITY ............................................................................................................................................................ 3
WHEN BENEFIT PAYMENTS BEGIN ....................................................................................................................................................... 5
BENEFIT PAYMENT AMOUNT ............................................................................................................................................................... 5
DISABILITY AFTER RETURN TO WORK .................................................................................................................................................. 6
PAID TIME OFF PROGRAMS ................................................................................................................................................................. 7
APPEALS ............................................................................................................................................................................................... 7
SUBROGATION AND REIMBURSEMENT RIGHTS .................................................................................................................................. 9
TERMINATION OF COVERAGE ............................................................................................................................................................ 11
DEFINITIONS ....................................................................................................................................................................................... 11
STATEMENT OF ERISA RIGHTS ........................................................................................................................................................... 13
ADDITIONAL ADMINISTRATIVE FACTS ............................................................................................................................................... 15
AUTHORITY TO TERMINATE THE PLANS OR AMEND OR ELIMINATE BENEFITS ................................................................................. 15
WHO TO CONTACT ............................................................................................................................................................................. 16
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IMF_HR_2015 Short Term Disability
ELIGIBILITY
IM Flash as Plan Sponsor determines the eligibility requirements for team members in accordance with the federal law, and
establishes the other eligibility requirements of the Plan. These eligibility requirements are described in this section and in the
definitions section. In order to become and remain eligible to participate in the Plan, you must continuously satisfy these
requirements.
TEAM MEMBER ELIGIBILITY
You are eligible to participate in this Plan if you are a regular, full-time team member of IM Flash Technologies, LLC ("IM Flash")
provided you are not classified as an intern, a participant in a collective bargaining agreement, or you have waived coverage
under this Plan by any means including employment governed by a written agreement with IM Flash that provides that you are
not eligible to participate in the Plan.
Eligibility during a Leave of Absence
Your participation in this Plan will automatically continue while on an IM Flash Approved full-time Leave of Absence. See the
"Leave of Absence Policy" for more information.
If you have not returned to active employment after 12 consecutive calendar weeks of an Approved full-time Leave of Absence
and unless otherwise provided for in accordance with federal or state law, you are no longer eligible to participate in this Plan
and your participation will end on the last day of the month in which your leave reaches 12 consecutive calendar weeks. If you
return to full-time active employment after being gone for more than 12 consecutive calendar weeks on an Approved Leave of
Absence, you will be re-enrolled.
Please note: If you have been approved and are receiving short term disability benefits as a part of your approved full-time leave,
your benefit payments for the current disability will continue until the earlier of:
 the date you are no longer considered disabled under this plan, or
 the date you reach the maximum benefit period of 180 days.
You are not eligible for benefits under another disability unless you return to work prior to the new disability.
ENROLLMENT
If you are a full-time team member, you are automatically enrolled in this Plan. The effective date of your coverage is the first
day of the calendar month following your hire date unless you are not Actively at Work. If you are not actively at Work, your
Effective Date of coverage is the first day of the calendar month following the date when you are Actively at Work.
If you are transferring to IM Flash directly from Micron Technology, Inc. (“Micron”) or Intel Corporation (“Intel”), or another
wholly owned Micron or Intel subsidiary, your time spent as a team member of that subsidiary or with Micron or Intel will be
credited towards the service requirement before your Effective Date under this Plan.
BENEFIT PAYMENT ELIGIBILITY
You are eligible for benefits under this Plan if you have experienced a total disability or are Totally Disabled if you meet all the
following requirements.
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IMF_HR_2015 Short Term Disability
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You are unable to perform each of the main duties of your regular occupation because of an Injury or Illness. An Injury
or Illness is a deviation from the healthy and normal condition of any bodily function or tissue. An Injury or Illness can
exist with or without an individual’s awareness of it, and can be of a known or unknown cause.
You are not working at any job for wages or profit, you are not attending school, and you are not performing volunteer
work outside the home.
You are under the regular care of a Physician and are following the treatment plan established by your Physician.
HOW TO FILE A CLAIM
The Plan will not make any payment to you unless you indicate on your leave request form that you would like to apply for short
term disability. If you do not apply at the time you request your fulltime leave, you have 60 days from the beginning of your
Total Disability to request short term disability benefits. You can request short term disability following your initial request for
leave by sending an email to HR4U@micron.com.
DETERMINATION OF A CLAIM
Claims for short term disability benefits are processed based on the Plan provisions. The Plan claims administrator will make
a determination whether a disability exists with respect to a participant on the basis of (i) objective medical evidence,
(ii) a certificate from the participant’s physician, or (iii) any such other information as the claims administrator, in its
sole discretion, deems relevant to such determination. Certificates from the participant’s physician must contain (i) a
diagnosis or where no diagnosis has yet been obtained, a detailed statement of symptoms, (ii) a statement of the
medical facts within the physician’s knowledge, based on a physical examination and a documented medical history of
the participant by the physician, (iii) the physician’s opinion as to the expected duration of the disability.
You will be notified about the status of your claim within a reasonable period of time, but not usually longer than 45
days after your claim is received. This 45 day period may be extended for an additional 30 days if more time is
required due to matters beyond the control of the Plan. In addition, if the 30 day extension does not provide enough
time to resolve the claim due to matters beyond the control of the Plan, an additional 30 day extension may be
applied. You will receive a written notice indicating the reason for the extension if this happens. If you are asked to
provide additional information, you will have at least 45 days to do so. You must provide any requested information
within the time period required or a decision will be made without considering any additional information.
If your claim is denied, you will receive a notice of the denial containing the following information:
 the reason for the denial;
 a reference to and a description of the Plan provisions on which the denial is based;
 information on how to request a review of the denial; and
 other information about the reason for the denial and your options.
Non-Covered Disabilities
The following disabilities are not covered by this Plan and do not entitle you to benefits under this Plan:
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Disability caused by intentionally self-inflicted injuries while sane or insane.
Disability resulting from war, declared or undeclared, any act of war or insurrection, or any type of
military conflict.
Disability resulting from injuries incurred during participation in an illegal act.
Any period of total disability while you are confined in any penal or correctional institution in connection with
a criminal or public offense.
Any period of total disability during which you are not regularly seen and treated personally by a physician.
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IMF_HR_2015 Short Term Disability

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Any period of total disability during which you are engaged in any work (including work for wages, profit
or school credit, or volunteer work) except under the IM Flash Job Accommodation Program.
Any period of total disability during which you are attending school or a training program.
WHEN BENEFIT PAYMENTS BEGIN
If your claim is approved, benefits are paid through the IM Flash payroll beginning on the next pay date following the date you
meet the following criteria:
 You have submitted a claim.
 Your claim has been approved.

You have satisfied the Elimination Period.
o The Elimination Period is a period of 14 consecutive days during which you have been Totally Disabled.
o A Participant who sustains a Disability will, subject to the provisions of the Plan, become eligible, to receive
benefits as of the fifteenth consecutive day of Disability, provided the Participant has been examined by or is
under the care of a Physician and following the determined treatment plan during that fifteen day period.
Subsequent periods of Disability separated by fourteen or fewer calendar days of continuous Active Employment at the
Participant’s normal work schedule will be considered one period of Disability, unless the subsequent Disability is due to an
illness or injury found by the Plan Administrator to be entirely unrelated to the cause of the previous Disability and commences
after return to Active Employment with the Company for at least one day.
Benefits are paid on subsequent pay dates provided you continue to qualify for benefits.
Maximum Benefit Duration
The maximum benefit duration is 180 days from the date of Total Disability.
BENEFIT PAYMENT AMOUNT
If you have a Total Disability, you are entitled to a daily benefit in the amount of 66 2/3% of your Daily Earnings, less all Benefit
Offsets.
Benefit Offsets
Your benefit payments under this Plan will be reduced by disability benefits received from any of the following sources. These
are called Benefit Offsets.
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Disability benefits provided by Social Security.
Disability benefits provided by Veteran’s Administration.
Disability benefits provided by any state’s workers’ compensation insurance.
Disability benefits payable under any state, commonwealth or federal compulsory benefit act or law (the amount of
disability pay available to you through a state or commonwealth disability program may be automatically deducted from
your disability benefits).
Benefit Amount for Partial Disability
You are Partially Disabled if your Physician has released you to return to work under a reduced schedule(less than full-time
basis). If you are Partially Disabled, you may be entitled to a portion of your daily benefit based on the time you do not work due
to the Partial Disability, less all Benefit Offsets. You will receive normal pay for hours worked.
You are eligible to receive benefits due to a Partial Disability if you meet all the following requirements:
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IMF_HR_2015 Short Term Disability
•
•
•
You have a Partial Disability that first satisfied the definition of a Total Disability.
You satisfied the Elimination Period with respect to such Total Disability.
You are under the regular care of a Physician from whom you have received a conditional release to return to work
with work restrictions.
You are following the treatment plan established by your Physician.
You are on a periodic FMLA leave of absence or you have been offered a position through the IM Flash Job
Accommodation Program that meets the requirements of the work restrictions outlined in your Physician’s conditional
release to return to work.
•
•
If your disability would be considered a Partial Disability except that IM Flash has no jobs currently available under the IM Flash
Job Accommodation Program that are consistent with your conditional release, you will be considered Totally Disabled for
purposes of the Plan until the earlier of the following:
•
•
The date your Physician releases you to work full time in your regular occupation,
The date you are offered a position through the IM Flash Job Accommodation Program that meets the requirements of
the work restrictions outlined in your Physician’s conditional release to return to work, or
The date your benefits end as described in the Termination of Benefits section.
•
Income and Employment Taxes
Income and employment taxes are withheld from all benefits paid by this Plan.
Benefits after Participation Ends
If you are collecting short-term disability benefits at the time your participation in this Plan ends (i.e. your employment with IM
Flash may also end), you will continue to receive short-term disability benefits until you are released for work or until the
maximum Benefit Duration has been reached.
DISABILITY AFTER RETURN TO WORK
A Total Disability that begins after you return to work is either a Separate Period of total disability or a reoccurring total
disability.
SEPARATE PERIOD OF TOTAL DISABILITY
You have a Separate Period of Total Disability if one of the following criteria is met:


You are Actively at Work for at least two consecutive weeks.
You have not been Actively at Work for at least two consecutive weeks, but the new Total Disability is due to a different
Illness or Injury than what caused the earlier Total Disability.
If you have a Separate Period of Total Disability, benefits will be based on the last day you were Actively at Work. You will have a
new Elimination Period and a new Maximum Benefit Duration.
RECURRING TOTAL DISABILITY
You have a Recurring Total Disability if the following criteria are met:

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You have not been Actively at Work for at least two consecutive weeks.
The second period of disability is due to the same Illness or Injury that caused the earlier period of Total Disability.
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IMF_HR_2015 Short Term Disability
If you have a Recurring Total Disability, benefits will be based on the last day you were Actively at Work; however you will not
have a new Elimination Period and the time period of the previous disability will count towards your Maximum Benefit Duration.
PAID TIME OFF PROGRAMS
Disability benefits are not paid if you are receiving benefits under the IM Flash Time Off Plan (TOP) or any other vacation or sick
leave programs. However, if you are approved for short-term disability and have available TOP hours, those hours may be used in
conjunction with short-term disability pay to keep your pay at 100%. If you wish to use TOP in conjunction with short-term
disability pay, please notify the Leave Administrator in writing at HR4U@micron.com. The use of paid time off hours does not
lengthen the Maximum Benefit Duration.
Termination of Benefit Payment
Benefits end on the earliest of the following dates:
 The date you are no longer under the care of a Physician.
 The date you stop following the treatment plan established by your Physician.
 The date a medical exam indicates that you are no longer Totally Disabled or Partially Disabled.
 The date you are no longer Totally Disabled, unless you are eligible to receive benefits due to a Partial Disability.
 The last date of the Maximum Benefit Duration. The Maximum Benefit Duration is 180 days from the date of Total
Disability.
 The date of your death.
 The date on which you fail to: comply with a request to furnish medical evidence of continued disability, undergo an
independent medical examination by a Physician of the Plan’s choice, provide information requested to determine the
applicable amount of Benefits Offsets, or otherwise fail to comply with the reasonable requests of the Plan.
 The date you refuse participation in the IM Flash Job Accommodation Program if a job has been identified that satisfies
the restrictions put in place by your Physician. If your benefits under this Plan are stopped because you declined to
participate in the IM Flash Job Accommodation Program, you may still be eligible for a FMLA leave of absence, including
a periodic FMLA leave of absence. Call the Leave Administrator at (800) 336-8918 or e-mail HR4U@micron.com if this
situation applies to you and you need more information.
APPEALS
There are two different types of appeals allowed for under this Plan:
 First Level Appeal, and
 Second Level Appeal.
FIRST LEVEL APPEAL
If you disagree with the decision regarding your claim, you have 180 days from the date of the original notice of the denial in
which to file a written request for review. You or your authorized representative must e-mail, mail or fax your written request for
review to:
First Level Appeal
Benefits Department
IM Flash Technologies, LLC
4000 North Flash Drive
Lehi, Utah 84043
Fax: (801) 767-4650
E-mail: imbenefits@imflash.com
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IMF_HR_2015 Short Term Disability
Authorized Representative
If you are physically or mentally incapacitated (for example, you are in a coma), your spouse, parent or other individual
designated by a court shall be deemed to be an authorized representative.
Appeal Review Process
The First Level Appeals Committee will review your appeal and a decision will be made that is consistent with the terms of the
Plan and applicable law. The persons who made the initial decision will not decide the first level appeal.
The First Level Appeals Committee has full discretionary power to interpret the Plan and decide all questions concerning the Plan
and the eligibility of any person to participate in the Plan, with such interpretation and decisions to be final and conclusive on all
person’s claiming benefits under the Plan subject only to the decision of the Second Level Appeals Committee, if applicable.
You will receive a written decision regarding your written appeal within a reasonable period of time, but not usually longer than
45 days after your appeal is received. The time for deciding the appeal may be extended for up to an additional 45 days if
required by special circumstances.
The notice will include the following information:
 The results of the request for review;
 The reason(s) for the decision;
 A reference to and description of the Plan provision(s) on which the decision is based; and
 Other information about the review and your options to make a second level appeal.
SECOND LEVEL APPEAL
If you disagree with the result of the first appeal, you may file a second written request for review. You have 60 days from the
date you receive the outcome of the first appeal in which to file a written request for a second review.
You or your authorized representative must e-mail, mail or fax your written request for review to:
Second Level Appeal
Benefits Department
IM Flash Technologies, LLC
4000 North Flash Drive
Lehi, Utah 84043
Fax: (801) 767-5003
E-mail: imbenefits@imflash.com
Appeal Review Process
The Second Level Appeals Committee will review your appeal and a decision will be made that is consistent with the terms of the
Plan and applicable law. The persons who decided the first level appeal will not decide the second level appeal.
The Second Level Appeals Committee has full discretionary power to interpret the Plan and decide all questions concerning the
Plan and the eligibility of any person to participate in the Plan, with such interpretation and decisions to be final and conclusive
on all person’s claiming benefits under the Plan.
You will receive a written decision regarding your appeal within a reasonable period of time, but not usually longer than 45 days
after your appeal is received. The time for deciding the appeal may be extended for up to an additional 45 days if required by
special circumstances.
The notice will include the following information:
 The results of the request for review;
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IMF_HR_2015 Short Term Disability
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The reason(s) for the decision;
A reference to and description of the Plan provision(s) on which the decision is based; and
Other information about the review and your options as required by federal law.
Your Appeal Rights
You have the following rights for all appeals.
 You have the right to receive, upon written request, copies of all documents, records, and other information used in the
review of your claim at no cost. A document, record or other information is considered related to your claim if it was
relied on in making the benefit determination; was submitted, considered, or generated in the course of making the
benefit determination; demonstrates compliance with the Plan's administrative processes and consistency safeguards
required in making the benefit determination or constitutes a statement of policy or guidance with respect to the plan
concerning the benefit for your diagnosis.
 You have the right, within the specified time limits, to submit written comments, documents, records, and other
information relating to your claim. If the denial of your claim was based in whole or in part on a medical judgment, you
have the right to require IM Flash to consult with a health care professional who has appropriate training and
experience in the field of medicine involved in the medical judgment and who was neither part of the previous
decision(s) to deny your claim nor the subordinate of any such individual.
If IM Flash gets advice from a medical or vocational expert in connection with your claim, you have the right to be notified that
an expert was used and, upon written request by you, the name of the expert.
Lawsuits
This Plan requires that the Plan’s claims and appeals processes must be exhausted before bringing any suit in court. The Plan also
requires any suit for benefits must be brought within the earlier of one year after the date the Second Level Appeals Committee
has made a final denial of the claim or two years after the date the disability began.
SUBROGATION AND REIMBURSEMENT RIGHTS
If benefits are provided when a third party is legally responsible for your injury, harm or loss, or if you are entitled to benefits
under any payment provision, no fault provision, uninsured motorist provision, underinsured motorist provision or other first
party or no fault provision of any automobile, homeowner’s or other policy of insurance, contract or underwriting plan, this Plan
will be subrogated and will succeed to your rights of recovery or, in the event of your death, to the rights of your estate, heirs or
personal representatives.
In addition, any amounts recovered by voluntary payment, suit, settlement, or otherwise which are in any way related to your
injury, harm or loss must be paid to this plan to the extent that benefits were provided under the plan.
As a condition of receiving benefits for covered services in such an event, you are required to furnish this Plan, in writing, with
the full details of the event and the names and addresses of the party or parties responsible. You also are required to fully
cooperate in good faith with Plan in its investigation, evaluation, litigation and/or collection efforts, including without limitation,
by providing information and by signing authorizations, consents, releases, assignments, liens and other documents promptly
upon request.
You may not take any action which may in any way prejudice or reduce this Plan’s rights to subrogation and reimbursement. This
Plan also may initiate litigation on its own behalf and, in its sole discretion, in the name of the affected Plan participant against
any third party or parties. These subrogation rights apply to both claims already incurred, and to payments to be made in the
future on account of the injury, harm or loss. When recoveries exceed the incurred claims, a special deductible shall apply to
future benefits and services provided as a result of the injury, harm or loss.
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IMF_HR_2015 Short Term Disability
The "make whole doctrine" arising under federal common law and under state law does not apply to this Plan’s reimbursement
or subrogation rights. This Plan retains its reimbursement and subrogation rights described herein regardless of whether your
receipt of payment from other sources fully reimburses you or whether you have been "made whole."
If you fail to provide information or otherwise do not cooperate with this Plan in these matters, this Plan may, in its sole
discretion, deny any related claims for benefits under this Plan and may seek reimbursement from you for any related claims
which have been paid. This Plan may, in its sole discretion, enter into any compromise or settlement regarding its interests in any
subrogation or reimbursement matter.
Assignment of Benefits
Except as required by law, the Plan’s right to pay a Participant directly is not assignable and cannot be waived or transferred.
Mental or Physical Incompetence
If the Plan determines that a Participant who is entitled to payments under the Plan is incompetent by reason of mental disability
or other cause, the Plan can choose to make payments to another person, including a spouse. Payments made in this situation
shall completely discharge the Plan and IM Flash of any further responsibility for payment to the Participant.
Unclaimed Property
If the Plan is unable to pay the Participant to whom the payment is owed because the Participant cannot be located, or because
a benefit check is uncashed, the Plan will make an effort to locate the Participant by sending a notice to the last known address
of the Participant. If after two years the Participant is not located or the check remains uncashed, the payment will be canceled
and you will be unable to claim that benefit from the Plan. If required by applicable law, the amount payable on an uncashed
benefit check will be turned over to the applicable state or commonwealth within the time required by law. If that happens, you
must contact the applicable state or commonwealth to obtain payment.
Release of Information
As a condition of coverage under this Plan, you:
 authorize your Physician and other entities to provide this Plan and it’s business partners any and all medical records
and other information pertaining to health related services submitted for consideration of payment under this Plan;
 authorize this Plan and it’s business partners to use this information for Plan purposes including but not limited to
reviewing, investigating and evaluating all claims and enabling the Plan and all it’s business partners to provide the
services outlined in the Plan;
 authorize this Plan and it’s business partners to disclose any medical information obtained or payments made in
connection with the administration of the Plan; and
 authorize your providers to testify regarding your condition, care, or treatment, and all provisions of law or professional
ethics forbidding such disclosures or testimony are waived by you.
Access to Records
Team members may review their records maintained by the Plan during normal business hours.
Mistaken Benefits Payment
If this Plan mistakenly pays benefits for which you are not entitled to, you must reimburse the benefits paid in error. The
reimbursement is due and payable as soon as this Plan notifies you and requests reimbursement.
If you are employed by IM Flash at the time benefits are mistakenly paid to you, your timesheet will be corrected to reflect
correct benefits. If you are not employed by IM Flash at the time benefits are mistakenly paid to you, future benefits may be
offset; or if you are not eligible for any future benefits you will be asked to repay the mistaken benefits to the Plan.
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IMF_HR_2015 Short Term Disability
Exclusion of General Damages
Liability under this Plan for benefits, including recovery under any claim or breech of this Plan, shall be limited to the actual
benefits available under this Plan and shall specifically exclude any claim for general damages including but not limited to alleged
pain, suffering or mental anguish, or for economic loss, consequential loss or punitive damages.
TERMINATION OF COVERAGE
Enrollment in this Plan ends on the earlier of the following dates:



the date this Plan terminates,
the date a Participant dies, or
the date of separation in which a Participant who is a team member loses eligibility under the Plan due to job status
change including leave of absence greater than 12 weeks.
If your coverage ends during a period of Total or Partial Disability that began while you were covered by this Plan, then your
benefits will continue as long as you are Totally or Partially Disabled, but in no event longer than 180 days from the date of your
Total Disability.
This Plan may also terminate a Participant’s coverage and benefit payments for any fraud or misrepresentation, omission or
concealment of facts that could have impacted benefits under this Plan
DEFINITIONS
Actively at Work - You are Actively at Work if you are not absent from work and you are capable of performing the essential
functions of your job.
Activities of Daily Living - Eating, personal hygiene, dressing, and similar activities that prepare an individual to participate in
work or school. Activities of Daily Living do not include recreational, professional, or school-related sporting activities.
Approved Leave of Absence - An approved leave of absence is your absence from assigned work, which has been approved
by the Leave Administrator under standard human resource policies, applied in a nondiscriminatory manner to all team
members; such as approved FMLA, approved personnel leave, or an approved military leave as a result of duty in the uniformed
services including service in the Armed Forces, the Army National Guard, and the Air National Guard, when engaged in active
duty for training, inactive duty training, or full-time National Guard duty, the commissioned corps of the Public Health Service,
certain types of service in the National Disaster Medical System, and any other category of persons designated by the President
of the United States in time of war or emergency. Review IM Flash’s Leave of Absence Policy for detailed information.
Individuals may also be eligible to qualify for a reasonable accommodation under the ADA (Americans with Disabilities Act), as
amended.
Authorized Representative - If you are physically or mentally incapacitated (for example, you are in a coma), your spouse,
parent or other individual designated by a court shall be deemed to be an “Authorized Representative”.
Claims Administrator – The person who receives the initial request for short term disability benefits, reviews the medical
certification and information provided in order to determine benefit payment eligibility.
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Company - IM Flash Technologies, LLC and any successor thereto. In addition for the purpose of determining eligibility to
participate in the Plan, “Company” also means any subsidiary of IM Flash Technologies, LLC which the officers of IM Flash
Technologies, LLC in their sole discretion, authorize to participate in the plan.
Daily Earnings - Your regular daily rate of earnings from IM Flash in effect the last day worked at IM Flash prior to the date the
Total Disability begins. It includes base salary or hourly wages, any lead or trainer premium pay, plus scheduled overtime. It does
not include overtime not described above, shift differential, variable pay programs, bonuses, or other fringe or extraordinary
compensation.
Disability - Any physical or mental condition arising from an illness, pregnancy or injury which renders a participant incapable of
performing the material duties of his or her regular occupation or any reasonably related occupation. A participant will also be
considered to have sustained a Disability if:


he or she is ordered not to work by written order from a state or local health officer because he or she is infected with,
or suspected of being infected with a communicable disease; or
he or she has been referred or recommended by competent medical authority to participate as a resident in either an
alcohol abuse treatment program or drug abuse treatment program, or to participate in an outpatient program for the
treatment of drug or alcohol abuse which requires attendance for a minimum of five days per week for a minimum of
six hours per day. However, such Disability will be considered to continue only for ninety days while the Participant is
receiving services in an alcohol abuse treatment program or a drug abuse treatment program.
A Participant will not be considered disabled if (i) he or she is performing work of any kind for remuneration or profit unless he or
she obtains prior approval of the Plan Administrator to perform such work, or (ii) her or she declines alternative employment by
the Company which is within the Participant’s capabilities and as determined solely by the Company, has status comparable to
the Participant’s previous occupation or the Participant refuses to participate in the IM Flash Job Accommodation Program.
ERISA - The Employee Retirement Income Security Act (ERISA), a federal law governing employee benefit plans.
Family Medical Leave Act (FMLA) - Entitles eligible team members of IM Flash to take unpaid, job-protected leave for
specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions
as if the employee had not taken leave.
Full-Time - A full-time team member is a team member who is expected to work at least an average of 38 hours per week, at
least 48 weeks per year.
Intern - A person who is temporarily hired by IM Flash to gain work experience in their chosen field. Interns may or may not
receive pay for their services.
Objective Medical Evidence - A measurable abnormality which is evidenced by one or more standard medical diagnostic
procedures including laboratory tests, physical examination findings, x-rays, MRIs, EEG’s, ECGs, CAT scans or similar tests that
support the presence of a Disability or indicate a functional limitation. Objective Medical Evidence does not include physician’s
opinions based solely on the acceptance of subjective complaints (e.g. headache, fatigue, pain, nausea) age, transportation, local
labor market and other non-medical factors. To be considered an abnormality the test results must be clearly recognizable as
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out of the range of normal for a health population; the significance of the abnormality must be understood and accepted in the
medical community.
Part-Time - A part-time team member is a team member who is expected to work at least 18 hours, but less than 38 hours per
week, 48 weeks per year.
Participant - a team member who satisfies the requirements for participation in the Plan.
Physician - A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in
which the doctor practices and who is not an immediate family member. By way of example and not by way of
limitation, the following shall not be considered physicians: counselors, optometrists and chiropractors. An
immediate family member is a spouse, parent or child living in your household.
Plan - IM Flash Technologies, LLC Short Term Disability Benefit Plan, as herein set forth and as it may be amended from time to
time.
Subrogation – A circumstances in which SelectHealth tries to recoup expenses for a claim it paid out when another party should
have been responsible for paying at least a portion of that claim.
Team Member - A team member is an individual who is considered an employee of IM Flash as classified by IM Flash under its
standard human resource practices, regardless of whether or not such person may be considered a common law employee or
independent contractor for purposes of federal income tax withholding or other purposes. For example, the following persons
are not employees for purposes of this Plan:
•
•
•
leased employees, as defined in Internal Revenue Code Section 414(n),
individuals classified by IM Flash as independent contractors, temporary or seasonal workers or leased employees
(including those who are at any time reclassified as employees by the Internal Revenue Service or a court of competent
jurisdiction), and
individuals who are seconded to an employer participating in this Plan.
STATEMENT OF ERISA RIGHTS
As a participant in the Plans described herein, you are entitled to certain rights and protections under the Employee Retirement
Income Security Act of 1974 (“ERISA”).
ERISA provides that all Plan participants shall be entitled to:
Receive Information About Your Plan and Benefits
•
Examine, without charge, at the plan administrator's office and at other specified locations, such as worksites, all
documents governing the plan, including insurance contracts and copies of the latest annual report (Form 5500 Series)
filed by the plan with the U.S. Department of Labor and available at the Public Disclosure Room of the Employee
Benefits Security Administration.
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•
•
Obtain, upon written request to the plan administrator, copies of documents governing the operation of the plan,
including insurance contracts and copies of the latest annual report (Form 5500 Series) and updated summary plan
description. The administrator may make a reasonable charge for the copies.
Receive a summary of the plan’s annual financial report. The plan administrator is required by law to furnish each
participant with a copy of this summary annual report.
Prudent Actions by Plan Fiduciaries
In addition to creating rights for plan participants ERISA imposes duties upon the people who are responsible for the operation of
the employee benefit plan. The people who operate your plan, called "fiduciaries" of the plan, have a duty to do so prudently
and in the interest of you and other plan participants and beneficiaries. No one, including your employer or any other person,
may fire you or otherwise discriminate against you in any way to prevent you from obtaining a (pension or welfare) benefit or
exercising your rights under ERISA.
Enforce Your Rights
If your claim for a (pension or welfare) benefit is denied or ignored, in whole or in part, you
have a right to know why this was done, to obtain copies of documents relating to the decision without charge, and to appeal
any denial, all within certain time schedules.
Under ERISA, there are steps you can take to enforce the above rights. For instance, if you request a copy of plan documents or
the latest annual report from the plan and do not receive them within 30 days, you may file suit in a Federal court. In such a
case, the court may require the plan administrator to provide the materials and pay you up to $110 a day until you receive the
materials, unless the materials were not sent because of reasons beyond the control of the administrator. If you have a claim for
benefits which 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 the plan’s decision or lack thereof concerning the qualified status of a domestic relations order or a medical child support
order, you may file suit in Federal court.
If it should happen that plan fiduciaries misuse the plan’s money, or if you are discriminated against for asserting your rights, you
may seek assistance from the U.S. Department of Labor, or you may file suit in a Federal court. The court will decide who should
pay court costs and legal fees. If you are successful the court may order the person you have sued to pay these costs and fees. If
you lose, the court may order you to pay these costs and fees, for example, if it finds your claim frivolous.
Assistance with Your Questions
If you have any questions about your plan, you should contact the Plan Administrator. If you have any questions about this
statement or about your rights under ERISA, or if you need assistance in obtaining documents from the plan administrator, you
should contact the nearest office of the Employee Benefits Security Administration, U.S. Department of Labor, listed in your
telephone directory or write to:
Division of Technical Assistance & Inquiries
Employee Benefits Security Administration
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, D.C., 20210
You may also obtain certain publications about your rights and responsibilities under ERISA by calling the publications hotline of
the Employee Benefits Security Administration at (866) 444-EBSA.
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ADDITIONAL ADMINISTRATIVE FACTS
Employer and Plan Sponsor
The Employer and Plan Sponsor is IM Flash Technologies, LLC (“IM Flash”) and any other affiliated entity which participates in a
plan pursuant to the terms of the Plans. Participants and beneficiaries may receive from the Plan Administrator, upon written
request, information as to whether a particular employer is a sponsor of a plan and, if the employer is a plan sponsor, the
employer's address.
Plan
Short Term Disability Plan
Plan Number
501
Plan Year
January 1 through December 31
Plan Administrator
IM Flash Technologies, LLC
4000 North Flash Drive
Lehi, Utah 84043
(801) 767-5300
Plan Fiduciary
The Plan Administrator is the Plan Fiduciary
Agent for Service of Process
Legal Department
IM Flash Technologies, LLC
4000 North Flash Drive
Lehi, Utah 84043
(801) 767-5300
Funding
The Self-Insured Group Health Plan includes a variety of Self-Insured Plans including the Short Term Disability Plan . This plan is
self-insured, benefits are paid directly out of the general assets of the Employer. There is no special fund or trust or insurance
from which benefits are paid.
AUTHORITY TO TERMINATE THE PLANS OR AMEND OR ELIMINATE BENEFITS
IM Flash has established the Self-Insured Group Health Plan (which includes Short Term Disability) with the intention that the
Plan will be maintained indefinitely. However, IM Flash has no obligation whatsoever to maintain the Plan or any particular
benefit offered by the Plan for any given length of time. IM Flash reserves the right to terminate the Plan or any benefit offered
under the Plan at any time by written document executed by its Board of Managers, the Intel Executive Officer, or another
authorized person.
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Upon termination or discontinuance of a Plan or benefit, all elections with respect to the terminated Plan or benefit shall
terminate, and payments with respect to benefits available under the terminated Plan or benefit shall be made only with respect
to claims incurred on or prior to the date of the termination.
IM Flash reserves the right to amend the provisions of the Plan and any benefit offered by the Plan to any extent and in any
manner it desires by execution of a written document by an authorized party describing the intended amendment(s). IM Flash
may also amend the Self-Insured Group Health Plan at any time by preparation and publication with the supervision of an
authorized party of a revised Benefits Guidebook or other summary of material modifications.
WHO TO CONTACT
Benefits Team
IM Flash Technologies, LLC
4000 North Flash Drive
Lehi, Utah 84043
Phone: (801) 767-4647 or (888) 363-2596
Fax: (801) 767-4650
E-mail: imbenefits@imflash.com
Leave Administration
E-mail: HR4U@micron.com
Phone: (800) 336-8918
Fax:
(208) 368-1553
CONFIDENTIALITY STATEMENT
© 2015 IM Flash Technologies, LLC. All rights reserved.
Any duplication, reproduction, distribution, modifications, or alterations are prohibited without the express prior written
permission of IM Flash Technologies, LLC.
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