THE CATHOLIC UNIVERSITY OF AMERICA EMPLOYEE ASSISTANCE PLAN SUMMARY PLAN DESCRIPTION TABLE OF CONTENTS Name of Plan Name and Business Address of Employer Employer's Taxpayer Identification Number Plan Number Type of Administration Discretion of the Plan Administrator Insurance Issuer's Name and Business Address Plan Year Service of Legal Process Type of Plan Eligibility Participation Summary of Available Benefits Claims Procedure Termination or Amendment of Plan No Continued Employment Your Rights Under ERISA Further Information -ii- 1 1 1 1 1 1 1 2 2 2 2 2 2 3 4 5 5 6 GENERAL INFORMATION ABOUT THE PLAN Name of Plan The Catholic University of America Employee Assistance Plan. Name and Business Address of Employer The Catholic University of America Cardinal Station Washington, D.C. 20064 Employer's Taxpayer Identification Number 53-0196583 Plan Numbers Plan Number: 506 Type of Administration The Plans are administered by the Plan Administrator. Benefits are provided through insurance contracts. To the extent that any benefits are not provided through insurance contracts, they are paid from the Employer's general assets. Discretion of the Plan Administrator In carrying out its duties under the Plan, the Plan Administrator has discretionary authority to exercise all powers and to make all determinations, consistent with the terms of the Plan, in all matters entrusted to it. The Plan Administrator's determinations shall be given deference and shall be final and binding on all interested parties. Insurance Issuer's Name and Business Address LifeEra, Inc., 7632 SW Durham Road, Suite 300, Portland, OR 97224-7584 (800860-6933) is the provider and insurer of your benefits under this Plan. The Plan's benefits are fully guaranteed under the policies of insurance issued by this company. If another insurance issuer replaces this insurer or the fully guaranteed nature of your benefits change, a notice communicating the new information will be delivered to you (and any such notice is hereby incorporated herein by reference). -1- Plan Year The Plan Year is the period beginning each January 1 and ending each December 31 during which the Plan is in effect. Name and Address Dr. Julie Englund Vice President for Finance and Treasurer 260 Leahy Hall, The Catholic University of America, 620 Michigan Avenue, NE, Washington, DC. 20064 Service of Legal Process Craig Parker, Esquire General Counsel Room 280 Leahy Hall Office of General Counsel The Catholic University of America Washington, D.C. 20064 Type of Plan This Plan is a form of employee welfare benefit plan. Eligibility All full time and regular part time employees of the Employer are eligible to participate in this Plan. Participation Each Eligible Employee will become a Participant on the date the Eligible Employee commences employment. A Participant will cease to be a Participant as of the earlier of (a) the date on which the Plan terminates or (b) the date on which Eligible Employee’s employment ceases. A former Participant will become a Participant again if the Eligible Employee is rehired by the Employer. Summary of Available Benefits The Company has entered into a contract with LifeEra, Inc. for the purpose of providing benefits under this Plan. Pursuant to the contract, the third party provider will provide, by way of telephone consultations initiated by the Participant, education, information, problem assessment, assistance, crisis management and referral recommendations for a Participant’s personal problems including, but not limited to, -2- marital/family relations, dependent care and adult care, financial and/or non-employment related legal issues, chemical or alcohol dependency, illnesses and work related problems. The University’s obligation under the plan is simply to provide the services of the LifeEra, Inc. Benefits available under the Plan must be consistent with, and limited in accordance with, ethical and religious principles of the Roman Catholic Church. There will be no cost to Participant for the telephone counseling service of LifeEra. LifeEra may refer Participants to others for additional services; if it does so, the cost of those additional services will be the responsibility of the Participant and not the responsibility of the University. The Plan benefits hereunder are also available to Participants’ spouses and dependents. The Plan will not disclose any protected health information (PHI) as defined in 45 CFR §160.103 to the Plan Sponsor without a written authorization from the employee or as is stated in the balance of this paragraph. All counseling will be confidential to the limits permitted by law, provided, however, that if the third party provider believes there is a threat of death or serious bodily harm to the individual seeking counseling or to others, the third party provider may advise the University or law enforcement authorities as the third party provider, in its uncontrolled discretion, deems necessary and appropriate. LifeEra will be unable to provide legal consultation relating to existing or potential lawsuits against the University or against the University’s health plans. Claims Procedure In order to receive Plan benefits, you must follow the procedures established by LifeEra or the Plan Administrator. If a request for Plan benefits is denied, a Participant, a beneficiary or a duly authorized representative of either may file a claim for Plan benefits to which the claimant believes he or she is entitled. The claim must be in writing and must be delivered or mailed to the Plan Administrator (or insurer, if applicable). The Plan Administrator must notify the claimant in writing of its decision to grant or deny a claim, in whole or in part, usually within 90 days after receiving the claim. If, due to special circumstances, the Plan Administrator (or insurer, if applicable) needs additional time to process a claim, the claimant will be notified in writing, within 90 days after the Plan Administrator (or insurer, if applicable) receives the claim, of those special circumstances and of when the Plan Administrator expects to make its decision. Under no circumstances may the Plan Administrator (or insurer, if applicable) extend the time for making its decision beyond 180 days after receiving a claim. -3- If, within 90 days after filing a claim, the Plan Administrator (or insurer, if applicable) does not furnish the claimant with a notice of its decision or a notice that special circumstances require more time for processing the claim, the claimant may act as though the claim has been denied and may request a review of the denial of the claim. If the Plan Administrator (or insurer, if applicable) denies a claim, it must provide to the claimant, in writing: (a) The specific reasons for denial; (b) A reference to the Plan provision or insurance contract provision upon which denial is based; (c) A description of any additional information or material that the claimant must provide in order to perfect the claim; (d) An explanation of why additional material or information is necessary; and (e) Notice that the claimant has a right to request a review of the claim denial and information on the steps to be taken if the claimant wishes to request a review of the claim denial. A request for review of a denied claim must be made in writing to the Plan Administrator (or insurer, if applicable) within 60 days after receiving notice of denial. As part of the review procedure, the claimant has the right to review pertinent documents and to submit to the Plan Administrator (or insurer, if applicable) in writing issues and comments. The decision upon review will be made within 60 days after the Plan Administrator's (or insurer's, if applicable) receipt of a request for review, unless special circumstances require an extension of time for processing, in which case a decision will be rendered not later than 120 days after receipt of a request for review. The Plan Administrator (or insurer, if applicable) will give the claimant, in writing, a notice of (1) its decision, (2) the specific reasons for the decision, and (3) the relevant Plan provisions or insurance contract provisions on which its decision is based. If the decision is not furnished within that time, the claim will be considered denied upon review. The decision of the Plan Administrator (or insurer, if applicable) will be final and binding upon both parties. Termination or Amendment of Plan The Employer expects to maintain the Plan indefinitely as a permanent program of employee benefits. However, the Employer has the right, in its sole discretion, to terminate or amend any provision of the Plan at any time. In the event of the dissolution, merger, consolidation or reorganization of the Employer, the Plan automatically will terminate as to the Employer unless it is continued by the successor to the Employer. -4- Participants in the Plan (including retirees, if any) have no Plan benefits after a Plan termination or a partial Plan termination affecting them, except with respect to covered events giving rise to benefits and occurring prior to the date of Plan termination or partial termination and except as otherwise expressly provided, in writing, by the Employer. No Continued Employment No provisions of the Plan or this Summary shall give any employee any rights of continued employment with the Employer or shall in any way prohibit changes in the terms of employment of any employee covered by the Plan. Your Rights Under ERISA As a participant in the Plan, you are entitled to the following rights and protections under the Employee Retirement Income Security Act of 1974 ("ERISA"): ● You can examine, free of charge, at the Plan Administrator's office and at other locations, all of the Plan documents, including insurance contracts, if any, collective bargaining agreements and copies of all documents filed by the Plan with the U.S. Department of Labor, such as detailed annual reports. ● You can obtain copies of all Plan documents by writing to the Plan Administrator. You may have to pay a reasonable charge to cover the cost of photocopying. ● In some cases, the law may require the Plan Administrator to provide you with a summary of the Plan's annual financial report. In addition to creating rights for Plan participants, ERISA imposes duties upon the people who operate the Plan. These people are called fiduciaries and have a duty to act prudently and in the interest of you and other Plan participants and beneficiaries. No one, including the Employer or any other person, may fire you or otherwise discriminate against you in any way to prevent you from obtaining a benefit under a Plan or exercising your rights under ERISA. As described above, if your claim for a Plan benefit is denied, in whole or in part, you must receive a written explanation of the reason for the denial, and you have the right to have the Plan review and reconsider your claim. Under ERISA, there are steps you can take to enforce the preceding rights. For instance, if you make a written request for materials from the Plan and do not receive them within 30 days, you may file suit in federal court. In such a case, the court may require the Plan Administrator to provide the materials and pay you up to $100 a day until you receive the materials, unless the materials were not sent because of reasons beyond the control of the Plan Administrator. If you have a claim for benefits which is denied after review and reconsideration by the Plan or is ignored, in whole or in part, you may file suit in a state or federal court. -5- If it should happen that Plan fiduciaries misuse Plan funds, if any, 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 is frivolous. If you have any questions about the Plan, you should contact the Plan Administrator. If you have any questions about this statement or your rights under ERISA, you should contact the nearest office of the Pension and Welfare Benefits Administration, U.S. Department of Labor, listed in your telephone directory or the Division of Technical Assistance and Inquiries, Pension and Welfare Benefits Administration, U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210. Further Information If you have further questions regarding the Plan or this Summary Plan Description, please contact the Plan Administrator at (202) 319-5050. Copies of all Plan documents are on file with the Plan Administrator and, upon reasonable request, are available to participants and their beneficiaries for examination during regular business hours. 05075 Employee Assistance Plan SPD 9/19/05 -6-