have previously received STD benefits from the Plan, the Plan has the same rights (“right of subrogation”) that you have against the party. For this purpose, a “party” means any individual, entity, person or other party responsible for making any payment to you due to your disability, including uninsured motorist coverage, underinsured motorist coverage, traditional fault-based automobile insurance coverage, no-fault automobile insurance coverage, personal umbrella coverage, workers’ compensation coverage and any first-party insurance coverage. However, a party does not include any individual or supplementary insurance plan, policy or coverage which is maintained by or for the participant that pays indemnity benefits without regard to the amount of medical expenses incurred, or based on a fixed amount per day (or other period) of hospitalization. The Plan expressly rejects and overrides any default rule that the Plan does not have a right of subrogation, recovery or reimbursement until you have been fully compensated. If you enter into litigation or settlement with another party, the Plan’s right of subrogation, recovery and reimbursement will still apply. You will need to provide the Plan or its agents with any relevant information, assistance and documents that help the Plan obtain its subrogation and reimbursement rights. Also, you could be required to sign and deliver to the Plan or its agent’s documents to secure the Plan’s rights, and you will be required to obtain the consent of the Plan or its agents before releasing any party from liability for payment. If you fail to cooperate with the Claims Administrator, you will lose your STD benefits. In addition, the Plan has a right to recover benefits paid to you for which you received compensation from, or on behalf of, a third party responsible for the injury resulting in the disability. Finally, you have the obligation to repay the Plan to the extent that you receive any compensation, direct or otherwise, by or on behalf of the person at fault from all recovery amounts, regardless of how they are characterized. These rights provide the Plan with a first priority claim and these rights apply without regard to any equitable defenses that you assert or may be entitled to assert, including without limitation any defense of unjust enrichment. ERISA preempts any state or local law, or any regulation issued thereunder, which prohibits or attempts to limit these rights.
To secure the rights of the Plan under this section, you:
Grant to the Plan a first-priority lien against the proceeds of any such settlement, verdict, or other amounts received by the Participant to the extent of all benefits provided in an effort to make the Plan whole;
Assign to the Plan any benefits you may have under any automobile policy or other coverage.
What are the time limits for legal proceedings? All administrative claim and appeal procedures offered by the Plan must be completed before you begin any legal action regarding your claim. If, after you have exhausted the claims procedures, you want to bring legal action, you must do so within the earliest of the following: (A) one year
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