ARTICLE 23: INSURANCE COVERAGES
23.1 (a) The Clubs shall maintain in effect a group life insurance policy providing a face policy amount of $245,000 US per Player, for all Players who play in at least one NHL Game during the year. An Accidental Death and Dismemberment policy shall also be maintained by the Clubs in a face amount of $245,000 US per Player. Coverage shall continue until November lst of the following season. Claims are to be paid in U.S. currency.
(b) The Clubs shall also maintain in effect a group life insurance policy providing for a death benefit in a face policy amount of $125,000 US for the spouse of each Player who plays in at least one NHL Game during the year. Coverage shall continue until November 1st the following season. Claims are to be paid in U.S. currency.
23.2 (a) The NHLPA shall maintain in effect a group life insurance policy providing a face policy of $125,000 US per Player. An Accidental Death and Dismemberment policy shall also be maintained by the NHLPA in a face amount of $125,000 US per Player. Claims are to be paid in U.S. currency.
(b) The details of the coverage provisions and exclusions which have been agreed upon in Section 23.1 and 23.2 are set forth in policies currently in effect and on record with the NHL and NHLPA, respectively.
23.3 (a) The Clubs and the NHLPA shall also maintain in effect a career ending disability policy providing for a one-time benefit, subject to the release requirements set forth in Section 23.4 hereof, in the event a Player who is on the Club's Insured Roster suffers a career ending disability. Disability must be due to an injury or illness which results solely and independently of any other cause, with exclusions as detailed in the policy. Disability shall be considered career-ending if the Player is continuously disabled for a period of 12 months and permanently prevented from playing professional hockey.
Benefit coverage is dependent upon age at date of disability, as outlined below, for the following periods:
Players Age NHL Sponsored Disability Benefit (U.S. $) NHLPA Sponsored Disability Benefit (U.S. $)
Under 21 $200,000 $100,000
21 to 26* $245,000 $125,000
27 $200,000 $100,000
28 $145,000 $ 75,000
29 $100,000 $ 50,000
30 and over $ 50,000 $ 25,000
* Any Player aged 21 to 26 who has not completed at least 70 NHL Regular Season and/or Playoff Games shall receive the same benefit as those under age 21, regardless of the Player's actual age.
(b) The Clubs and the NHLPA shall also maintain in effect a serious disability policy providing for a one-time benefit in the amount of $750,000 US ($500,000 US NHL Policy, $250,000 US NHLPA Policy), subject to the release requirements (set forth in Section 23.4 hereof), in the event a Player who is on a NHL Club's Insured Roster suffers a disability resulting from blindness, dismemberment, paralysis, or brain damage, as detailed in the policy (for blindness in one eye, benefit shall be 50% of the above amount ($375,000 US total ($250,000 US NHL Policy, $125,000 US NHLPA Policy))).
The benefit shall be payable after 90 days of disability in place of the age related disability benefit set forth in Section 23.3(a) hereof.
(c) The details of coverage provisions and exclusions which have been agreed upon in Section 23.3(a) and (b) are set forth in policies currently in effect, and on record with the NHL and NHLPA, as the case may be.
23.4 A Player under an SPC who is disabled and unable to perform his duties as a hockey Player by reason of an injury sustained during the course of his employment as a hockey Player, including travel with his team or on business requested by his Club, shall be entitled to receive his remaining salary due in accordance with the terms of his SPC for the remaining stated term of his SPC as long as the said disability and inability to perform continue but in no event beyond the expiration date of the fixed term of his SPC, which fixed term shall in no event be deemed to include any option period related to a playing season after the League Year in which the injury occurred, with the exception of a Player option year that has already vested. In consideration of payment of such salary, as well as payments made by the Club to fund the Hospital, Major Medical and Dental Plan, payments made by the Club to provide Career Ending Disability Insurance and other consideration, the Player does hereby covenant that in the event he files a claim under such Career Ending Disability Insurance (unless such claim is not paid), he personally releases and will release, and will cause his corporation if a corporate contract is involved, to release the Club, the League, the NHLPA, all other Clubs, the Underwriters, and the servants, employees, officers and agents of each of the above from any and every additional obligation, liability, claim or demand whatsoever for such salary or arising out of such injury or the treatment thereof, including without limitation liability in tort, and extending to all damages, whenever arising. The Releases which a Player shall sign in order to receive benefits under the Career Ending Disability Insurance are attached hereto as Exhibits 11 and 12. The Releases which the NHL and the NHLPA shall sign in order for a Player to receive benefits under the Career Ending Disability Insurance are attached as Exhibits 9 and 10. The Player shall also be required to sign an Undertaking form, a copy of which is attached hereto as Exhibit 13. Such a Player who is thus permanently disabled from performing as a hockey Player and as a result is compelled to retire prematurely from the League and who is entitled to benefits that had vested under the pension plan or plans described in Article 21 hereof shall be entitled to have additional contributions made on his behalf in accordance with the requirements of such pension plan and Article 21 until such contributions, together with contributions previously made on his behalf, would represent contributions for five (5) playing seasons in the aggregate. The funds to provide such additional contributions shall be paid from the National Hockey League Players' Emergency Assistance Fund. Any disagreement as to disability or inability to perform shall be determined conclusively by doctors of the Club and of the Player, and, in the event said doctors are unable to agree, by an independent doctor selected by said doctors, pursuant to the provisions in Section 17.7.
23.5 The Clubs shall pay the cost of a Hospital, Major Medical and Dental Plan for the Players that provides benefits agreed upon through collective bargaining between the NHLPA and the Clubs. The nature and extent of the benefits currently provided are set forth in writing in the plan description distributed to each Player and shall be deemed to be incorporated into and be a part of this Agreement. The NHL shall establish a trust fund (the "Fund") which is exempt from taxation under Section 501(c)(9) of the U.S. Internal Revenue Code through which such benefits shall be provided. The NHL agrees that at all times at least one-half of the Trustees of the Fund shall be appointed by the NHLPA from among its active members or their designated representatives. The NHL will appoint the remaining Trustees. The Clubs shall contribute to the Fund, from time to time, such amount as deemed necessary to pay the cost of the Hospital, Major Medical and Dental Plan benefits and for the administration of the Fund. The administration of the Hospital, Major Medical and Dental Plan shall be the responsibility of a third party administrator appointed by the NHLPA Trustees of the Fund, with the consent of the NHL Trustees, which consent shall not be unreasonably withheld; provided that the NHLPA Trustees of the Fund shall have the right to change the third party administrator or establish other administration arrangements, after consultation with the parties hereto. The NHLPA Trustees shall have the authority to designate counsel and other consultants with respect to the Hospital, Major Medical and Dental Plan and the Fund as outlined in Section 50.3(a)(iii). To the extent permitted by applicable law, and subject to the approval of the Trustees, nothing in this Section is intended to prevent participation in the Plan by persons not covered by this Agreement at their expense or the purchase of additional benefits at the expense of the NHLPA or the participants in the Plan.
23.6 (a) A retired Player who has played in 160 or more NHL games shall have the right to continue in the Hospitalization and Medical Plan for life following his retirement without medical evidence of insurability upon his payment of the group premium rate, provided the Player applies for coverage within 60 days of the date the Player's coverage would have otherwise terminated. (Games played for goalies shall also include games dressed, but not played.) Such coverage termination date shall include any period of time that the Player was covered under COBRA continuation or any comparable insurance plan provided by the NHLPA during the 2004/05 League Year. Coverage applied for later than 60 days after the Player's coverage would otherwise have terminated will only be approved upon submission of medical evidence of insurability and if applied for within the first 12 months of eligibility.
(b) If a Player retires from a minor league club for which he is playing under an SPC, such Player shall have the right to elect continuation of coverage as outlined in 23.6(a) above, provided he elects within 60 days of the date his coverage terminates under the existing plan of such minor league club for which he is playing under an SPC, or within 12 months of such date with medical evidence of insurability.
(c) In the event of the death of a Player, the Player's spouse at the time of the Player's death shall have the right to elect continuation of coverage for her lifetime, provided that the Player would have otherwise qualified for such continuation under 23.6(a).
23.7 The Hospital, Major Medical and Dental Plan shall be as per the terms of the Plan, subject to the following amendments:
Private Room Not subject to a daily maximum
Psychiatrist Not subject to a maximum
Preventive Medical
Checkups and Labwork: Once per year over the age of 2
Routine vaccinations: Covered for children up to age 18
Speech Therapy: Covered when recommended by a physician up to $2,000 per calendar year
Hearing Aids: $500 every 60 consecutive months
Air Ambulance: When medically necessary
SABH (for players 2 or more years post career): Add "care management" package for any player who continues coverage under lifetime option
The Hospital, Major Medical and Dental Plan shall be amended to include the following cost containment measures:
Insurance identification cards issued with logo and call center number for Preferred Provider Organization (PPO)
Prescription drug cards issued to allow access to pharmacy discounts at point of sale
Telehealth call service
23.8 During the offseason, coverage under the Hospital, Major Medical and Dental Plan shall continue for all Players who are assigned to an NHL Club, other than on an emergency Recall or Playoff standby basis, on the day of his NHL Club's last Regular Season Game. Players who finish the season on emergency Recall will be eligible for offseason coverage if they were on an NHL roster for more than half (measured by roster days) of the Regular Season. In the event that the NHL season and minor league seasons end on different dates and Player(s) are not eligible for offseason coverage under either Plan by virtue of not being "on roster" on the last day of either League's Regular Season, such Player(s) shall be eligible for offseason coverage under the Hospital, Major Medical and Dental Plan if they were on an NHL roster for more than half (measured by roster days) of the Regular Season.
23.9 Players who are not covered under the Hospital, Major Medical and Dental Plan during the prior offseason who attend Training Camp shall be covered as follows:
(a) Players who ended the prior Regular Season in the minors will remain under the minor league insurance during Training Camp until such time as that insurance terminates, at which time they will be covered under the Hospital, Major Medical and Dental Plan for the duration of the time they are at Training Camp.
(b) Players who are not covered under either the Hospital, Major Medical and Dental Plan or a similar plan through the minor league insurance, shall be covered for any emergency medical or dental expenses incurred which arise as the result of an injury or illness suffered during the duration of their attendance at Training Camp, including travel to and from. Further such Players will also be covered by a Career-ending Disability (injury only) policy in the amount of $50,000 U.S. and Accidental Death & Dismemberment insurance policy in the amount of $50,000 U.S. (with exclusions as detailed in the policies).
23.10 At the conclusion of each season, the Club shall provide each Player with a complete copy of his medical records at the time of his annual exit physical (to the extent the Club maintains physical possession of the Player's medical records; otherwise the Club's physician will provide the Player with a complete copy of his medical records upon the Player's direction to do so). The exit physical shall document all injuries that may require future medical or dental treatment either in the near future or post-career. The Club shall remain responsible for the payment of medical and dental costs associated with treatment of such hockey-related injuries at such future date.
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