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HomeMy WebLinkAboutReso 179-1975RESOLUTION NO. 179-75 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ACCEPTING AND APPROVING MEMORANDUM OF UNDERSTANDING, UNIT 6 - INTERNATIONAL ASSOCIATION OF FIRE- FIGHTERS OF AMERICA, LOCAL 1507,AFL-CIO, JULY 1, 1975 - JUNE 30, 1976 BE IT RESOLVED by the City Council of the City of South San Francisco that the Memorandum of Understanding with Unit 6 - International Association of Firefighters of America, Local 1507, AFL-CIO, for the period July 1, 1975, to June 30, 1976, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference as if set forth verbatim, is hereby accepted and approved. I hereby certify that the foregoing Resolution was regularly intro- duced and adopted by the City Council of the City of South San Francisco at a ~.~,7~ meeting held on the 5th day of November , 1975, by the following vote: AYES, COUNCILMEN Richard A. Battaglia, F. Frank Mammini, Terry J. Mirri, Leo Padreddii and Warren Steinkamp NOES, " None ABSENT, II None ATTEST. ~ ~z-~~,~.--,~-~-~~' City Clerk MEMORANDUM OF UNDERSTANDING UNIT 6 - INTERNATIONAL ASSO- CIATION OF FIREFIGHTERS OF AMERICA, LOCAL 1507, AFL-CIO July 1, 1975 - June 30, 1976 Resolution No. 179-75 Passed Nove, mber 5, 1975 The City of South San Francisco (hereinafter, City) and Unit 6 - Inter- national Association of Firefighters of America, Local 1507, AFL-CIO (herein- after, Unit 6) acknowledge and affirm that they have met and conferred in good. faith, eXchanged proposals and counter-proposals and in all respects fulfilled their Obligations under law to meet and confer in good faith. This Memorandum of Understanding is the product of the above-described meet and confer process. Representatives of the City have agreed to present this Memorandum to the City Council for determination and· representatives of Unit 6 have agreed to present this Memorandum to their membership for acceptance and approval. 1. Term. The term of this Memorandum of Understanding shall be from July 1, 1975, to June 30, 1976. 2. A. Salary - Pay Periods from July 1, 1975, through June 30, 1976. The 1974-75 biweekly base salary shall be increased seven and one-half percent (7½%) commencing July 1, 1975, through the pay period including June 30, 1976 (retroactivi ty). B. Method of Payment for July' 1, 1975, through October 30, 1975 . Not later than thirty (30) days after approval of this Memorandum of Understanding by the City Council of the City of South San Francisco, all employees covered by this Memorandum of Understanding shall receive a lump sum payment, in addition to compensation already received as biweekly base salary from July 1, 1975, to October 30, 1975 , under pay rates existing prior to this Memorandum of le Understanding, said pa~anent to .be computed as follows- Seven and one-half per- cent (7½%) of all compensation paid from July 1, 1975~ through October 30, 1975. 3. Holiday Pay. Because the Fire Department operates on a twenty.-four (24) hour day, seven (7) day week basis, it' is not feasible to grant shift personnel time off on City holidays. It is agreed, therefore, that.in lieu of time off all shift personnel shall receiv, e holiday pay. The amount of holiday pay and the designated holidays are as follows' A. Full-Day Holidays. For each of the following full-day holidays occurring within any given biweekly pay period, all shift personnel shall receive as holiday pay an additional ten point seven percent (10.7%) of their biweekly base rate of compensation, which shall include incentive premiums' January 1 Third Monday in February (Washington's Birthday observance) Last Monday in May (Memorial Day observance) July 4 First Monday in September (Labor Day) Second Monday in October (Columbus Day) November 11 Thanksgiving Day Day after Thanksgiving Day (effective 1976) December 25 Discretionary holiday - one day .in calendar 1975 and one day in calendar 1976 at employee's election with approval of department head, said holiday to be non-cumulative. B. Half (½)-Day Holidays. For each of the following hal.f (½)-day holidays occurring within any given biweekly pay period, all shift · per~)'flnel shall receive as holiday pay an additional five point three five percent (5.35%) of their biweekly base rate of compensation, which shall include incentive premiums' December 25 (effective 1-1-76) Decen~ber 31 " '~ 4. Sick Leave. It is the intent of the parties to provide a comprehensive, integrated sick leave benefit plan for employees who, due to i.njury or illness, are unable to perform their usual and customary duties. Benefits are provide~° for both work-connected and non-work-connected injury and illness. Nothing contained herein is intended to diminish the benefits which any federal or state law mandatorily requires, and the integrated sick leave benefit plan shall not provide benefits in excess of those required by state or federal law, except as expressly provided herein. 4.1 Definitions- (a) Work-connected disability - A work-connected disability is defined as any injury or illness entitling the employee to benefits pursuant to the Labor Code of the State of California,Sections 41~50, et seq. (b) Non-work-connected disability - A non-work-connected disability is a residual category and is'defined as any injury or illness that does not qualify as a work-connected disability as defined in Secti'o~ 4.1(a). 4.2 Times for Members to Elect New Sick Leave Benefit. A member at the time of the approval of this Memorandum of Understandin§ by the City Council may .' elect the~new sick leave benefit on either of the following days: (a) The .first day of the.pay period which occurs after the date this Memorandum is 'approved by the City Council, or (2) the first day of the pay period which includes June 1, 1976. Upon'election of the new sick leave b~nefit, same shall supersede and replace th'e present sick leave benefit except for the preservation of accrued benefits as hereinafter described. A person who · becomes a member after the date this Memorandum is approved by the City Council shall be covered by the new sick leave benefit. 4.3. New Sick Leave Benefit. (a) The period not exceeding ninety calendar days. Beginning with the day upon which the election is made, as set forth in 4.2 above, permanent.and probationary employees in Unit 6, e.~xcept those who ,o work less than full time~ shall be entitled to receive base salary for a period not to exceed ninety (90) calendar days from the com- mencement of either a work-connected or non-work-connected disability as compensation for sick leave. For work-connected disabilities, said compensation is in lieu of any temporary disability payments the employee may be entitled to receive from Workers' COmpensation or other income supplement sources existing by reason of the employee's employment by the City. In addition, during said ninety (90) calen- dar days or any portion thereof, the City will pay.the agreed premiums for health, dental and life insurance. After the expiration of ninety (90) calendar days from the commencement of either a work-connected or non-work-connected disability, the City w-ill pay,the employee,at the employee's option, any accrued vacation time. (b) After the expiration of ninety calendar days. At any time after the expiration of ninety (90) calendar days and before the expiration of t'hree hundred sixty-five (365) calendar days from the commencement of either a work-connected or non-work-connected disability, the .City shall 'review the disability and make the applicable determinations hereinafter set forth,which are subject to appeal by the employee' (1) Work-connected disability. If the disability is work-connected, " ,~ity'shall determine whether (a) sa'id disability is permanent and stationary and incapacitates the employee for perfjrmance of duty, (b) the employee .~hould be retired for disability, or (C) the employee should be granted a leave of absence for an original period not to exceed three hundred sixty-five (365) calendar days, which period is subject to a reasonable extension. If City deter, mines that the disability is permanent and stationary and same incapacitates the employee for the performance of duty, City may retire the employee-for said disability and the employee shall · receive the benefits of Labor Code section 4850 for the period of such disability, but not exceeding one ('1) year, or until such earlier date as he is retired on permanent disability pen- sion, and said benefit is in lieu of any temporary disability payment the employee is entitled to receive from Workers' Compensation or other, income sources existing by reason of employee's employment by City, including but not limited to eligibility to receive from Standard Insurance Company the long-term disability benefits provided by Policy No. 338329, a copy of which is attached hereto and incorporated herein. From the effective date of the disability retirement and thereafter to the age limits set forth in the long-term disability policy, the employee shall be eligible to receive from Standard Insurance Company the long-term disability benefits provided by said policy, in accordance with the terms and conditions contained therein. If the City de- termines that the employee is incapacitated for the performance of duty but the medical prognosis indicates an ability to return to duty within said period of three hundred sixty-five (365) calendar · days or a reasonable extension thereof, then the City may grant the employee'a leave of absence for said determined period and the employee shall receive the benefits of Labor Code section 485(} Up to and including the end of said leave of absence, except that said benefit shall not exceed an accumulative period of one (1) year for said disability and said benefit is in lieu of any temp- orary disability payments the employee is entitled to receive from 5. Workers' Compensation or other income sources existing by reason of the employee's employment by City, includin§ but not limited' to the eligibility to receive from Standard Insurance Company the lon§-term disability benefits provided by said policy. If the accumulative one-year period of the said LabOr Code benefit expires before the determined leave of absence peri od , ' the employee shall be eligible to receive from Standard Life Insurance Company the long-term disability provided by said policy, in accordance with the terms and conditions contained therein, from and after expiration of said Labor Code benefit to the.termination date of said leave of absence. If tha leave of absence as above described is granted and the disability becomes permanent and stationary during said leave of absence and renders the employee incapable of performing his duty, then City may at any time there- after during said leave of absence retire the employee-for disa- bility as hereinbefore stated. City shall pay the a§re. ed pre- miums for health, dental and life insurance up to the date of said disability retirement or termination date of said leave .. of absence whichever is applicable. (2) Non-work-connected disability. If the disability is 'not work connected, City shall determine whether (a) said disability incapacitates the employee for performance Of duty and is per- manent and stationary, (b) the employee should be granted a leave of absence for an original period not to exceed three hundred sixty-five (365) calendar days, which may be reasonably extended, or (c) retired for disability. If the employee is ; 6~ incapacitated for' the performance of duty and the disability is permanent and stationary, the City may retire the employee for said disability or otherwise separate said employee from the City's service and the employee is eligible to receive froln Standard Insurance Company the long-term disability benefits provided by said policy, in accordance with the terms and con- ditions therein contained. If the City determines that the employee is incapacitated for the performance of duty but the medical prognosis indicates an abilitY to return to duty within a period of three hundred sixty-five (365) calendar days or a ~ reasonable extension thereof, then the City may grant the employee a leave of. absence for said determined period and the e~.aloyee shall be eligible to receive fro~ Standard Insurance Company the long-term disability benefits provided in said policy in accordance with the terms and conditions therein contained. If the leave o~ absence as above described i~ granted and the disa- bilitY becomes permanent and stationary during said leave of absence period and renders the employee incapable of performing his duty, then the City may at any time thereafter during said leave of absence retire the employee for disability as herein- before stated. City shall pay ~ne agreed premiums for heal~h~ dental and life insurance up .to the day said leave of absence expires or the date of disability retirement, whichever is appli- cable. (c) Sick leave for the purpose of the ne'?~ sick leave benefit set forth in paragraph 4 and the several subsectio.qs thereof is defined as the period of time during ¥~hich the employee suffers artual~ person~ illness or. . disability which necessitates his absence from employment and it is not a right or privilege to be used at the unqualified discretion of the employee. The employee must sUffer an actual personal illness or disability'which necessitates his absence from employment and to be entitled to compensation for said sick leave must satisfy the con- ditions hereinafter set forth. The compensation for sick leave set forth in paragraph 4 and the s~bsections thereof is .the only compensa- · tion for sick leave which the City will pay beginning with said elec- tion, (1) The employee must notify his or her immediate supervisor prior · to the commencement of the daily work period for ¥~hich compensated sick leave is sought; provided that those employees serving on shift aSsignments must notify superiors prior to the shift in accordance with departmental policy; (2) Each employee on sick leave must produce evidence satiSfactory to the ,City describing 'the nature of the illness and such evidence ., may be in the form of a personal affidavit; p.rovided that the City reserves the right to take such action it deems necessary · to confirm or verify actual illness or disability; provided further, that in the event that the employee is ill or disabled , for more than one work shi'~t, then the employee shall present to the City, before returning to ¥~ork, a certification by a medical doctor describing the nature and extent of the illness or disability and confirming that the employee has fully recovered and is able to perform regular work without any restrictions.. (d) Medical Appointments. Beginning with the date upon which the election .. of the above-described sick leave benefit is made, an employee may be Be authorized to leave, without loss of pay, for appointments w~th medical doctors and dentists, subject to the following; (1) If.it can be demonstrated that the appointment could not be reasonably scheduled on a non-duty day. (2) All such leave must receive prior approval from the Fire Chief. (3) Such leave.shall be authorized only for the actual time necessary for the appointment and for traveling to and from the appointment. (4) 'Employee shall be required to submit a personal affidavit describing the nature and need'of such visits. The City reserves· the right to confirm or verify any'appointments' for which such .. .leave is authorized. Family Leave (1) Beginning with the date upon which the election of·the above- described sick leave benefit is made, each employee may take up to three (3) calendar days of leave without loss of pay in the case of actual serious illness or disability of any member of the employee's immediate family, who resides in the employee's home. (2) Beginning with the date upon which the election of the above- described sick leave benefit is made, each employee may take leave without loss of pay for the purpose of attending the funeral of any member of his immediate family, as defined hereinafter, for a maximum period of three (3) calendar days per occurrence within the State of California and. five (5) calendar days per occurrence outside the State of California. (3) As used herein, "immediate family" is defined to be spouse, parents, brothers, sisters, grandparents, child, f. ather-in-law, 9~ mother'in-law, brother-in-law, sister-in-law, da.u§h'ter-in-law · or son-th-law. In addition, the City Manager may. grant the above- described leave in the event of the illness or disability or · funeral of someone other than those persons designated, if, in · the City Manager's opinion, there exists an extraordinarily close relationship between the employee and such person. 5. Preservation of Certain Accrued Benefits. Beginning with the' date upon which the.election of the new sick leave benefit is made, employees sI~all not be · · entitled to accumulate unused sick leave. In accordance w~t~ the City's Personnel Rules and Regulations ~n effect as of the date o~ execution of i~his Memorandum, each employee will be entitled to ~'ayment upon leaving the City's service for · sick leave accumulated prior to the date of election, baSed on salary at · ret~r6mehi~ for fifty percent (50%) of the days of accumulated sick leave, which accumul'ated ~ays of sick leave shall not exceed one'hundred twentY (120) days. Said right-to payment .is deemed a property right which shall not be taken from the emploYee without mutually agreed upon consideration. If state or federal legislation is.enacted into law then mandating a percentage.other .than'the fifty percent (50%) described herein, then such mandated percentage shall super- . sede the percentage described herein. ' ' . 6. Vacations. A member must elect a vacation period 'of not less than seven (7) consecdtive calendar days comm.encing Oh"the' i;irst day of said member's scheduled tour of duty,' and no more than two {2) members'per, shi:ft/pl~toon o. {-including the platoon Battalion Ch)el) may elect the same day on which to com-- . mence a vacation pe.riod. 7. Employees Covered. The provisions of this Memorandum shall apply to · the employees represented by Uni~ 6 - International Association of [ir~:Fi§ht. ers of/~erica, Local 1507, AFl-CIO. ~" · 10. 8. Modification. This Memorandum does not modify any provisions of the Personnel Rules of the City except as expressly provided herein. Except as expressly provided herein, all wages and benefits remain the same as they are currently being provided and adminiStered. 9. Disputes. Any dispute over an interpretation of this memorandum shall be processed in accordance with the procedure set forth in. the City's e~ployment grievance procedure. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum in the City of South San Francisco on this ~ day of ~x~o~. , 1975. CITY'S~R~~ENTATIVE .~ ' .~ 11. OI;'EIC~ O~ THv- CIT~ I~ANAGER · Dece~nber 2, 1974 -. · . . · Mr.' J. T.. Selag Regional Group Manage.r · Standard Insurance Company 1330 Broadway, Suite 14~. Oakland, California 96612 Dear Mr. Selag' C.73: CLE~¢ -. · _ · . · 'Our'Personnel Office and City Attorney have reviewed the Long Term Disability Policy Number 338329, and suggest the following clarifications: · . . . "General Definiti'ons" paragraph one (1) should be amended, to read: "Member means a regular permanent or probationary emplowo~.~ of the Employer who. is regularly working throughout the entire duration'of the Employer's work week, and in no event less than 30 hours per week. : Section 2.."Persons Ins'ured", A. "Eligibility" should be amended to read: ....................... _. - ........ A member who ~s'under age 65 becomes eligible for insurance as f.ollows' . 1. If he has been a Member for' at least one (1) year on the effective date of tn. group policy, he is eligible on that date. If he has been 'a Member for less than a year on the effective date' of the group policy, he is eligible on the first day of the calendar month after one year as a Member. 2. If he becomes a r.!ember after the effective date of the group policy, he is eligible on the first day of the calendar month after One year as a Nember. ; · ' illll [] · ,' 'Rr., J. T., Sela.~ December-2, 1974 Page two A Member who has attained his 65th birthday or his normal retirement date under the Employer's Retirement Program on the date on which.he would otherwise become eligible shall not become eligible and no insurance shall be available to him. Additionally, we'v~ould like to confirm the following interpretations- - .. "Normal retirement date." The "normal retirement dat~", . upon which all calculations are based, under the City contracts with the Public Employees Retirement System is'fifty-five (55).for public safety, members and sixty (60) for miscellaneous members. However, the City cannot compel an employee to take a service retirement.before the mandatory retirement age of sixty-five (65) for public safety members and s~xty-seven (67) for miscellan- eous members. Therefore, the City interprets "normal retirement age'~ whenever used in policy number 338329 to be the mandatory retirement age, unless an individual employee elects an earlier service retirement. Section 5, D. "Exceptions and Limitations" 1,A. Long Term Disability Insurance does cover eligible members injured as innocent victims of "Any insurrection, war or act of war." The exception applies only to active parti- cipants in such actions. Section .5, D "Exceptions and Limitations" 2, A. The exception should apply to Members who are disabled in the act-of committing a "criminal or other public offense" which may result in confinement. Previously disabled Member.s who are receiving a monthly income benefit may. continue to receive such benefit during confinement depen- dent upon the conditions of the offense aha confinement. ~.Iith .the understanding that the above amendments and interpretations are acceptable to the Standard Insurance Company, I am enclosing the signed Acceptance of Group Insurance Policy. Yours City Manager EGA:DEH'pS Encls- ira.c,'/G · .::.,-: ..:.~:., :.", ?. <.-..,,. :-:.. -- .i. - _ : z- :...':, ,- · .'.'..' ~..' . '-;~' ;;'"T--';: . .'-' .' . '-: '_'.'. :::--f.:.~ ,,. ~--:-'..!.: ::: ~'-Th,.'s'".: .on the first' 'day after the :end:. oil such PoU. cy. t,-'[m 'at-.:' .,-/::?:-f:;>~}}: ,.' t2:Ots;!A.,qt).".S~/nd~&i.~.in?i:~[.'!t~&:;P.6.1/cy.q~,4ner s':¢:aaar~ss,.i..At:.th;,.,:.'~nd, oi2. the< I'nitla[ [.olicy..T. erm-:it:.'.~as(b, r,,,,w¢~t for.:..i'.-:'5.-'. ~-':;}~.f-'~--.':-~..-/:·~¢h:'~'fiew[ii:!dat~;i~.'heith~r le~'S' thah:th~.-MinimUm Phifi'Ciij,,iti6'ii':Nii'~.',bYr'nor less than: the.Minimi~m~articiPation Percentagi:':; i~. :~:ai~c'(shoWn:(irii:'~h¢:Po!ic'Y..D'a't~) Of. th,.'.'f6t~ii:mimbe? e!/gible¥1.Th,., len th :of eaCb-"reaeWhl: ' ' 'Shall"be;ee'termLned by standard -:~'::,- :.' ::.:.i:::: ¢'t~Ut.sh'ali:nOt:be' le's~..th~.:m"212~monfl~:£~i:an; .cas,2 - . ?' cyowner.;- constit >~m~'statem~rit..:~ade bY.:.:'~¥~.P°H~,'yowner:Or.bY: any. p i, i i ' ......... a:~h~,~ty:N6'sh~h:iSt/it~emen~:snalI.be.use/Im-z.e~''':'' ':'- ...... · . ... ..o .. ACCEPTANCE OF GROUP Ib, SU?=%NCE POLI~f Group Policy No. PolicyoWner issued to CITY OF SOILT~ SAlt FB~YCrSCO as amended in the attached letter dated December 2, 1974. is hereby approved and the terms thereof are hereby accepted. December 2, 1974 D~ted.. · On Form 1755 Re~strar -o GROUP POLICY ENDORSEMENT Attached to and made a part of Group Policy 338329 issued to City of South San Frar~cisco it is understood ,and a~eed that Section 5., BENEFIT PROVISIONS -- LONG TERM DISABILITY INSURANCE, D.~ Exceptions and Limitations, 5., is hereby endorsed to provide that i.f a Member was insured on August 31, 1974 under the Po~icyowner's long term disability ~oup insur:tnce program in effect on that date, the ef£ective date o£his insurance uncle~ G:'oup Policy 338329 £or purposes of appl¥in§ the pre-existing con~tions provision, shall be d~emed, to be the first clay o.£ th~ last continuous period during which he wa~ iatsured under, the Policyowner's long term d~sabilit'y.group insurance program. This endorsement is effective as. of the effective date of the group policy ~d is presented together with. the poliu]r for. ,-,~cceptaxxce by the Pol,icyowner. STANDARD INSU~CE COMPANY Secretary -. President Registrar POLICY NUMB ER. INITiAL PREMIUM I:U~TE Long Term Disability Insurance M I NlM UM PA R. TIC fl?AT,ON Nmnber Percentage POLICY DATA . 338329 1.70% of Insured Payroll 10 '100% GENERAL DEFINITIONS Member means a regular permanent employee of the Employer who i3' regxtlarly.working throughout the entire duration of the Employer's work week, and in no event less than 30 hours per week. " Employer means City o£ South San Frandsco and such afgtliated companie~ or organizations as shall l~e approvecl in writing by the Policyowner and. Standard. Basic Monthly Earnings means monthly basic wage or salary (not including overtime, bonuses, commissions ancI other extra compensation). Changes in basic monthly earntngs because of changes in basic wage or salary shall be ef£ec.4ve on the tYzrst day of the calendar month coinciding with or next follot,Ang the date of ch;rage in basic wage or salary. Il'the Member is not actively at work on the date on which an increase in basic monthly ea_~ings ~vould otherwise be effec, rive, such increase, shall be deferred until the next day on which the Member is both eligib!e and actively at work. At the commenc,~ment of v. ny period of total 'disability or at the time of any other loss, basic mon~My e.-trnings shall be the Membeg's basic monthly earnings as of the gu'st day of the calendar month in which the disabiliv/commences or other loss occurs. Arty change in basic wage or salary aPProved after total disability beg-ins or after any other loss occurs shall not be considerecl ~s a part of basic monthly earnings. Basic monthly ~arnings during ~.n approved rehabilitation program under Long Term Disability Insurance are reduced by earnings from the pro~a~ (see P..ehabilltatlon). A Member is considered to be actively at work only when he is present ancl actively employed in a full-time permanent capacity at'the Employer's usua]~ place of business and has completed one full day of such employment immediately prior to the date his insuranc~ or an increase in his insurance is to be effective. LONG TERiVt DISABILITY INSURANCE DEFINITIONS. · Monthly Income means the monthly amount of Long Term Disability Insurance benefit payable to a disabled Member. . . . Subject to the EXCEPTIONS listed below, Deductible Benefits mean~ the mount of any salary' or other compensation paid by the Employer, plus any Federal Old Age benefits provided under the Federal Social Security Act, plus the amount, if any, to which the Member, the Member's family i~nd any other persons are entitled, by reason of the Member's disability or whether retirement under a Workmen's Compensation act or similar law (including benefits for partial or total disabili~, " permanent or temporary), .-my state, federal or other governmental c~ability or refirernent plan (including but not limited to the Federal Sodal Security Act}, any retirement plan toward which an. employer contributed or made ps,oil deductions and mty group insurance coverage or similar arrangement of coverage for Ncli-.,iduals in a common ~oup. If e!'ec~on may be made under .'uny deductible benefit which would increase or decrease the amount of the monthly benefit, the amount of the - deductible benefit shah be the amount applicable in the absence of v~,ny such election. For purposes of t.his definition of: deductible benefits, ali amounts received as a result of any claim w'.eich is made in whole or in part for .any of the above d~-dactible benefits, whether by compromise, settlement or any other method, shall be deemed a deduc~ble bengfit, except . that where the judgment, compromise and release document or other document evidencing the a~eement of compromise or settlement specifically de. signates amounts which are paid as and for attorneys fees, medAcal costs, or m-ay other items not included above as deductible benefits, such designated amounts shall not be considered to be deductible benefits. In addition, where such designation is not made in such document, then documented pa~t medical expenses which were properly included os consideration in arriving at the a;nount received will not be considered as deductible benefits. I£ any such income is paid or payable other than monthly (inchtding a lump sum payment) S:~'~dard sh:.dl determine the mon'thly equivalent wklch- equitably adj,tsts for the amount of the payment. · -.. . EXCEPTIONS - The £ollo~ving benefits Will not be considered in computing the amount o£ deductible benefits: (1) benefit's received from National Service Life Insurance policies, (2) benefits received, as a result of partial disability or retirement from military service, bebqnnlng prior to the effective date of the Member's long term disability insurance under the group policy and continuing until the commencement of total disability, (3) the amount of any increase ha benefits under the Federal Social Security Act which becomes ,effective during a period for which Monthly Income benefits are payable under the group policy and which is due solely to a change in the Federal Social Security law or to cost of living increases under the provisions of the Federal Social Security law, and (4} any benefits received as reimbursement for hospital, tnedical o.r sttrgical expenses. Deductible B~nefits as defined ia ~is definition shall be considered to have been paid notwithstanding that the Member has not effected timely or proper pursuit of claim therefor or claim therefor is pending, where it is reasonable to believe that the benefits would be paid but for the failure to effect timely pursuit of claim or that the benefits for which claim is pending will be paid, as the case may be. If at any time it is determined that the deductible benefits used to compute long term disability insurance benefits ~e incorrect, any Monthly Income payments already made shall be. retroactively adjusted ancl future Monthly Income payments will be adjusted accordingly. Hospital means ,-m institution .operated for the caie and treatment of sick or injured persons which i~ legally constituted and licensed as a hospital and which satis~es all of the following recluiremen~s: " 1. Such institution must be under the supervision of a medical staff of legally qualified physicians and m~t have 24 hour nursing service by registered graduate nurses. , '" Such institution (al must be a state or federal institution for care and treatment of mental illness, nervous disorders, alcoholism or dxug addiction, or (b) must have organized facili~es for diagnosis mhd major surgery. 3. Such institution must not be specializing as a rest home, nursing home, convalescent home or home for the agecL ,~ . . °t= ~. Pnystcmn means a duly licensed physician, osteopath, chiropractor, optometrist Or cht. opomst otner thm'~ the Member treath~g illness or injury within the scope ,-md limitations of his license. Insured Payroll means the sum of all'basic monthly earnings payable by the Employer on behalf of Members under age 65 who ~e insured for Long Term Disability Insurance, up to. SI,g00 per month per Member. S~ction 1. SCHEDULE OF INSURANCE - A. AMOUNT OF INSURANCE The amount o~ Monthly Income shall be 66 213% of the first S1,800 of the Member's basic monthly earning~, reduced by any Deductible Benefits. B. MAXLMUM BENEFIT PERIOD- To the earlier of (1) and (2) or 12 months,whichever i~ longer: (1)Age 65. (2)The Member's normal retirement date under the Employer's Re.~ement Pro,am. C. ELIMINATION PERIOD - The ~rs~ month of each period of total disability or the end of the period of Sick Leave to wkich the Member is entitled under the Employer's Sick Leave Pro~a/'n, whichever is longer. S,'2.ctio n 2. PERSONS INSURED A. Eiipibili~ Member w,:o is under 0ge 65 becomes eligible for insurance as fotJows: 1. If he is a Member on the effective.date of tt:e group policy, he is eE.~ib!e on that date or on the First clay of the c,Oendar month after one yc'ar ,q:; a Member, whichever is later. 2. If he becomes a Member after the effecdt'e date of the group policy, he is eligible on the gu'st day of th-.. cale. adar rnonth after one year as a Niember. , A Member who has attah~ed h~ 65th birthday or his normal retirement date under th= Employer's Retirement Program on the date on which he would otherwise become eligible shall not become e~ble m~d no insurmxce shall be ava~abte to him. B. EffectDe Dates Insurance for an eligible Member becomes effec~ve on the date he become~ eti~ble, prodded he is actDet~ at Work on such: date. lasurance on any e~ble Member svho is not actively, at work on the date when his ~surance would othen~se become effectDe becomes effective on ~e next fo~ow~g day on which he N ac~vgly at work. 200~ S~ction 3. . CESSATION OF INSURANCE. A Member'S insurance automatically ceases on the earliest of the following dates:- a. The date of termination of his statu~ as a Member as deft.ned in the group policy; b. The date he becomes a full time member of the military 0and, sea or ah-} forces of any country; .. c. The first, day of the calendar month next £ollowing his 65th birthday or his normal retirement date unrJer the Employer's Retirement Program, whichever is earlier; or d. The date of discontinuance of the group policy. Terrni~ation of employment, when necessary to determine termination o[ status as a Member, me,'ms cessation of active work as an employee, except that for purposes only o£ determining whether a Member's hqsurance may be continue~, if a Member is absent 'from active work because of sickness or injury, his employment shall be deemed to continue until termina:ed by his - employer under a plan precluding individual selection.' '~"For the purpose of determining the date of cessation of insurance under this exception, termination of employment by emFk, yer shall be either by notification to Standard by the Policyo~w. er or by cessation o£ premium payments for the ., lemb~r s insurance. Contributions from Members are not reciulrecl. CONTRIBUTIONS ! AO0 Section 5. BENEFIT PROVISIONS--LONG TERM DISABILITY INSURANCE Definition of Total Disability 'For purposes of Long Term Disability Insurance, the term total disability in connect, ion with any one continuous period of disability is defined as follows: During the elimination period and for the first 24 months thereafter, total disability means complete inability of the' Member to engage in his regular occttp;tion. Thereafi:er during the continuance of the same period of disability, total disability means complete inability .of the M::mber to engage in any employment or occupation for which he is or becomes reasonably fitted by reason of education, training or experience. '. 524A. B. Benefits Payable 1. MONTHLY INCOME .- . Upon receipt by Sta.ndard of notice and satisfactory proof that any Member, while insured under the group policy, shall have become totally disabled as a result of injury or sickness, and that during the period of such total disability such Member shall have been under the regular care and attendance ot~ a physician, Standard will pay periodically the Montldy Income in accordance with the Schedule of Insurance during ~he continuance of such total disability, subject to the Exceptions and Limitations of this Section, and subject to the following provisions: a. No Monthly Income shall accrue during the applicable Elimination Period shown in the Schedule of Insurance. · ( - · 1 · b. No Monthly Income shall accrue after the end of the apphcable b:ax~mum Benefit Period saown ,n the Scned'a!e of Insurance. The Maximum Benefit Period begins at the end of the Elimination Period, and applies to each con6nuous period of total disability, whether from one or more causes. c. If a Member, undec the terms of his employm.ent, is s"heduled .... to be away from work without ?ya, any such scheduled period during which the Member is totally d,sabled sha~ not be considered as a period of tota, diiabi.liry for purposes of the Elimination P~riod and the Maximum Benefit Period. - . 2. RECURRENT DISABILITIES If a period of total disability commencing while the group policy is in force results from or is contributed to by the same cause or causes as a previous period of total disability for which monthly income ,,vas payable, and if the two periods are separated by less than six months, they shall be deemed to be on-~ continuo,as period of total 8isabili~, and benefits, if any, ,,viii accrue accordingly. . : _ ....... SPECIAL D[SMEMBERMENT BEN E FIT . . Upon receipt by Standard of notice and satisfactory proof that any Member while insured under the ~oup policy has sustained any of the losses shown in the Table of Losses as a direct result of accidental bodily injuries, independently of all other causes arid within 90 days of the date of such accident, -. Standard wi!{ consider the Member to be totally disabled for the period of time listed in the Table of Losses, even though the Member may not be totally disabled as defined in this Section, and benefi.':s, if any, ,,viii be payable . accordingly· TABLE OF LOSSES " Type of Loss Any two or more of eyes, hands or feet One hand, one foot or one eye 6 Montb.~ Loss shall mean, ~vith regard to hands and feet, actual severance through or above ~vrist or ankl~joints; ,.virh regard to eyes, entire and irrecoverable los~ of sight. Ti,is Sp.:cia[ Dismemberment Benefit shall t:e subject to the following provisions: :'. During the Minimt:m Disability Period ded,.,ctible benefits will not be decucte= From u:e policy benefits. :' b. Benefi..'s will begin at the end of the Elimination Period and contiaue un:il the end of the Minimum Disabiiiv/Period or the death of the: Member, w,fic,mver is earlier. Minimum Disabili~ Period. 30 Month~ - · ~. ..~ ;:~ :.'7 · c. Beneflts under this Special Dismemberment Benefit shall be in lieu of benefits otherwise provided under the group policy during the Minimum Disability Period. fl. if the Member is totally disabled at the end of the Minimum Disability Pefioc! any further Long Teem Disabilicy -' behests payable under the group policy shall be paid as provi~ed. . e. Even though'a Ii>ss results from accidental bodily injury, no Special Dismemberment Benefits will be ?ai~ if such los~ is cat:sed directly or indirectl7 by any of the following and no Special Dismemberment Benefits will be paid iE the accident is caused directly or indirectly by any of the following: 1) any insurrection, war, or act of war. War includes declazed or undeclared war, whether civil or international, and. an, y substantial armed conflict with organized forces of a military nature. . . 2) injuries intentionally inflicted by the Member, while sane or insane. 3) committing or attemptis',g to commit an assault or felony, or partic~pating in a.violent d~sorder. _ 4) an~t self-administered drug,, poison or chemical compound, bodily or mental infirmity, sickness, disease or intection existing at the time of the accident, or medical or surgical treatment for any of the foregoing. 4. WAIVER OF PREMIUM Payment of tlxe portion of any premium which is payable on account of a Member's Long Term Disability Insurance and which becomes due during a period for which Monthly Income is payable to such Member shall be waived by Standard until termination of the group policy. 5. EFFECT OF DEATH O~ DISABLED MEMBER In the event of the death of a Member during a period for which Monthly Income is payable, the dollar amount of monthly income which was payable to the Member will be continued, du_4ng the lifetime of the-Member's spouse or children, for a maximum of 3 months. Such benefits shall be payable at the option of Standard to the Member's spouse or arty one or Tnore of the surviving children o£ the Ivtember or to --_.ny person.(s) who has assumed, responsibility for the care and support of any one or more of such persons. Ali benefits will terminate on the earlier o£ (a).3 months after the death of the Member and (b) the death of the last survivor o£ the Member, the Member's spouse, ancl the Member's children. Child as used in this paragraph means a Member's le~timate unmarried child untler 21 years of age. · . C. Rehabilitation . If any Member.who is receiving Monthly Income under the group policy, engages in a program of vocational rehabilitation, whether formal or informal, oe if any such Member shall engage in parc time work for purposes of rehabilitation, Standard may, at 'its discretion, consider such activity to be an Approved Rehabilitation Program,. effective when aFproved La writing by Standard. - . . Consideration of any such activity as an Approved Rehabilitation Program will be given by Standard only upon written request of the Member. Approval of any such program once given may be revoked by written notice mailed to the Member- athis last known address. During the continuance of an approved rehabilitation program, payment of Monthly Income will be continued. However, Basic Monthly Earnings, for purposes of determining the amount of Monthly Income payable, ,,viii be reduced by earnings from the approved rehabilitation program. Accordingly the definition of Basic Monthly Earnin~ is modified during an approved rehabilitation program to mean (a) basic monthly eam;.ngs immediately prior to commencement of total 1' I · - (,z.~;~t, flzt),, less (b) monthly earnings from the approved rehatfilitation pro,am. 521C D. Exceptions and Limitations !. l.ong Term Disability lnsur:,nce under the group policy docs not cover disability caused or contributed to by any of the follo~,~ing: . . :~. A,sy insurrection, war or act of war. War includes declared or undeclared war, wllether civil or international, and any substauti:d armed conflict with organized forces of a military nature; b. Injuries intentionally inflicted by the Member, while sane or insane: c. Pregnancy, childbirth or miscarriage; and d. Committing or attempting to commit an assault or felony or pattic;,pating in a violent disorder. 2. No Long Term Disability Insurance benefits are payable for any period of time during which a. The Member is confined in any penal or correctional institution in connection with a criminal or other public offen~e, or b. The Member is e~igaged in any occupation, work or employment fOr wage or profit', unless such occupation, work or employment is. part of au Approved Rehabilitation Program, or c. The Member is not regularly seen and treated personally by a physician, or d. The Member, under the terms of his employment, is scheduled to be away from work without pay. if total disability is caused directly or indirectly by a mental or ner, ous disorder, Monthly Income payments for each period of total disability due to either or both of such causes shall not be made for more than 24 months, except that if the Member is confined in a hospital as a resident patient at the end of such '2,i snonths, this 24 months limitation shall not apply during the continuance of such confinement. - if total dis~bility is caused directly or indirectly by alcoholism, drug addiction or the use of any halluc nogen. Monthly Income payments for ali periods of total disability due to one or more of such causes shall not b= made for more than 2,l months during th~ entire lifetime of the Member. -. If the same or related injt~ry(ies) or sickness(es) cause or contribute to a pre-existing condition and a period of total disabilir, y, no monthly income 'will be payable for such period of total disability unless the Member's long term disability insurance has been in force for at least 12 consecutive mon:hs immediately.preceding commencement of such total disability, and the Member has been actively working at' his employer's usual place of business during :,11 of such 12 mon th period. Pre-existing condition is defined as a mental or physical condition of ~ Member for which the Member has received. medical treatment or services, taken prescribed drugs or medicines or consulted a physician at any time during the 3 month period immediately preceding the effective date of the Member's long term disability insurance under the group policy. Long Term Disability Insurance is not i~ lieu Of and does not affect ariy requirement for coverage by workmen's compensation insurance. . . . o PAY~IENT OF CLAIMS A. Payment'of Benelits '..~ b,:nefits provided in the grot~p policy shall be pa~d as stated in this section upon receipt o~ written proof on Standard's :.:';';~s or if sue!: forms are not turnished by Standard, within 15 days after demand therefor, then upon receipt of written ,.ac, of covering the occurrence, character and extent of the event for which claim is made. Any indetnnity for loss of li~e prodded by the.group policy will be payable in accordance with the benefi~ia~ designation and the provisions respecting such payment which may be prescribed herein ~d effective at the time of payment. ,~y other accrued indemnifies unpfid at the insured Member's death may, at the option o~ Standard, be paid either to the or to the Member's estate. All other indemnities will be payable to the insured Member. 611~ . B. Proof of Lo~ Wn.:ten proof of loss re,tut be furnnhed to Standard m case of clatm for loss for which tats pohcy pro'nd..s an,,' penodtc payment contangent upon conrmumg loss, w~thm 90 days after the first month or lesser period for winch Standard may be lia.ale, and m case of claim for any other loss, wtth',.n 90 days after tnt da,e of such 1o,:,. In th.. event of c.a. tm for total disability subsequent written proofs of continuance of total disability must be furnished to Standard. at the Member's · · * .r o · -~ e×p.-.nse, at such ~ntervals as Sta.ndard may reasonably reqmre. Fvalure to ~urntsh such proofw~thm tnt time rec[uired shall not iavaliclate nor reduce any claim if i't was not reasonably possible t.o give proof within such time, provldect such proof is furnished as soon as reasonably possible and in no event, except in the absence of hgal capacity of the Member, later than one year from the time proof is otherwise requked. S~andard shall have the rte_hr to reauire as part of the proof of loss with respect to Long Term Disability Insurance s~z:sc-,ctor evidence a) that the Member baa made ap lication for all D~ductioL' Benefits, (b) that he }:as furnished all 606B ' C. Physical Examination and Autopsy . . '-%ap~c!ard at its own expense shall have the right and opportunity to exarv, ine the person of any indi~dual w~ose injuff or [ ic:;ness is the basts of claim when and as often as ~t may reasonably reqmre dunng the pendency of a claim hereunder arid to ~ :rake an autopsy in case of death, where it is not forbidden by law. 605~ D. Benei:iciar,l Provisions - . · Death benefits, if included in the group po[icy, will be paid to the beneficiary(its) designated to receive them. When more than one class of beneficiary is named, payment will be made to those in the highest beneficiary class; the clas~es ranking in the order: primary, first contingent, second.contingent, etc. Should one beneficiary class include more than one person, any bene£its payable ~o that class will be paid'in equal s~ares to the sun4vlng beneflciarie.~ of that class unless otherMse provided.. If no desianated beneficiaq, survives the Member the benefits will be paid to the first survlving-~lass o{' the following classes of successi~tff~.pre~er,.nc~. beneficiaries' The M,-mber's ()a spouse; (b) children-, (c) parents; but if no. class survives, the benefits. vA!l be paid to the Member's executors or administrators. If two or more persons become enntled to benefit; as preference bcnzEciarles, they shall share equally. Standard may rely on an affidavit or other evidence deemed satisfactory to it in. t~e,ermmtno~" ' ' c, the identity or the nonexistence of beneficiaries not identi~ed by name, and any payment made by Standard in.... ~etiance thereon shall to the extent of such payment be a valid discharge of Standard's obligations. The bene,qciary(ies) may be designated (or changed) by the/vlember at any time. The designation or change w;Jl take effect as of the date it is signed except that it tvilt not apply to any payment ma~e by Standard before receiwing the designation or char<-:. A beneficiary designation or change must be made, dated and sic. ed by the Member in a written ins;.,'ument relating. to tge insttrance provided under the group policy and delivered to the Policyowner during the lifetime of the Member. A v.'ri::ea beneficiary designation dated and sign:d by the Member under a previous Fo[icy will be accepted as a beneficiary designation under the group policy if the pretdous policy relates to the same policyowner group insurance program as the group policy, and if the insurance under the group policy replaces all or part of the insurance prevlousl7 in force under that ip r.'.:~[ra . If any beneficiary dies sbnultaneously with the Member or within 15 days after the l',!ember,.and befor~ due proof of the Member's death satls{'actory to Standard has been received at Standard.'s home or'ce, the proceeds will be paid. as if that hcr:e~ciary had dle. d before the Member. - , ,-,.,a.t..,,...amount payable to a beneficiary may .be paid in installment~ over a period of years upon mutual agreement with ;r.:'..ndard. To th= extent permitted by law a~nounts payable to ben=ficiaE-~s shall not be subject to the claims of any creditor ~r any representative of such creditor, or to any legal process against a beneficiary. If ;~a individual policy has been issued as a result of application, mad,- in .-.ecordance with the Benefit Provision en-tld~d Conversion of Li'fe ln'surance the designation by the Me-tuber of a beneficiary under sue,it individual policy other than the beu*.ficmrv of record of the Member under the group policy, wdl, notw~tn,tandmg any oth*-r provts~on~ o£ t,.~ Section to the -- . · . ~ ..q · ; -., . contr.:try, effect a change of benef~czary under the group policy to tn~ ben-~:.czary of record under such .nd~eual pohcy.. 1£ any mdemmty of the group pohcy shall be payable to the estate oi,t,,e insured Member, or to an insured_ Member or beneficiary who is a minor or otherwise not competent to give a valid re:ease, Standard may pay such indemnity up to an amount not exceeding $500 to any relative by blood or connection by ma~,-iage of the insured Member or beneficiary who is deemed by Standard to be equitably entitled thereto. Any payment made by Standard in good faith pursuant to this provision shah fully discharge Standard to the extent of such payment. 606D E. Assignmen t Tke Member's certificate is non-assignable, and the insurance and benefits ,~- r~ non-assignable. 600E S~c. tion 7. TIM~ LIMITS ON LEGAL ACTIONS AND CERTAIN DEFENSES :trier~ ' the group policy has been in force for two },ears, its validity se.,_.J' ' not be contested, except for non-payment of premiums. No statement by any Member made in an application for file insurance shall be used to r.'duce or deny a life inst;rance claim after the insurance wlth respect to which claim has be~n made 'has been in force for two or more years. No statement, except a fraudulent misstatement, by an Member made in an application for insurance other than lk% insurance shall be used to'reduce or deny a claim after the L,~urance with respect to which claim has been made has been in force for ~VO or l~,Ore },'ears. ,~,o a,.uon at law or tn equity shall be brought to. recover on the groupt'""°~tcY, prior to the exp~rauon, o~ 60 mays attar writ,an. proo£ .... of lo~s has bee,n .furnished' .... ha accordance ~vith the requirements ot~b policy. No SUCh. action shall be brought_ a~'-er e:.:ptrauon of three years a~cer the nme written proof of loss ~s reqmred to be furm~ned. - Sact, ion 8. ~ilSSTATEMENT OF INFOR;~,1ATION .-.. In the event o~ the misstatement of the age of any Member, there ~yill b.e mad~- an equitable adjustment of the premium~ or of benefits or of both, such adjustment to be based on the difference between the total premiums paid and the i:.otal premium~ which'would haw been paid had the information been 'correctly stated. 802' · . , -o Section 9. PR ENil tDAS A. Premium Charges E.~:h premium charge for the insurance under the group policy consi~:s of the. sum of the following applicable amounts ¢"":terminecl according to the coverages included in the group policy: (1} an amount equal to the product o[ the average life ,~urance premium rate in effect on the due date and the amount of li£e insurance then in force on ail insured Members plus .2~ an amount equal to the product of the premium rate in effect for dependents life insurance on the due date and the number of Members then insured ~,Ath respect to their de. pendents plus ~3) an amount equal to the product of the. premium rate in effect for accidental death and dismemberment insurance' on the due date and the amount of accidental death and dismemberment insurance then in force on all insured Members plus (4) an amount equal to the. product of the premium rate in effect for weekly indemnity in.~urance on the due date and the amoun: of week!y indemnity insurance then in force on alt insured Members plus (5) an amount equal to the product of the premium rate in effect for long term disability insurance and the amount of' Insured Payroll on that date (subject, however, to premium ad.j,astments, if any). When Life Insurance is included an average life insurance premium rate per S1,000 of li£e insurance is computed by Standa;d as of the effective date of this policy, using the Initial Schedule of Life insurance Premiums set forth in Section 13 hereof.. Said average premium rate is shown in the policy data as the initial premium rate for life insurance. Upon any renewal of this policy, or whenever the terms of this policy are changed, either the 13olicy0'wner, or Standard may require a recomputation as of such date of the average life insurance premium rate per ~t,000 of life insurance, Using for such recomputation such schedule of life insurance pre~rfiums as may then be determined by Standard and the amount of i¢;;'..:'ance then in force at the respective attained ages of the insured Members on such date. Tb, e initial premium rates for ,all other coverage~ included in this policy are shown in the policy data. Upon mutual agreement ~tween the Policyowner and Standard, or upon thirty-one days written notice to the Policyowner, Standard may change an,/ oat or more of said premium rates, effective on any renewal date or on the date of any change in the terms o£ this policy. l:tstc;~cl of the methods of determination and computation of premium charges above provided, premium charges may be de:ermined and computed by any xnethod mutually agreeable to Standard and the Policyowner. which produce~ a_pproxlmately the same total amount. 930/~ Premium Adjustments Premium adjustments involving return of unearned premiums to the Policyowner shall b& limited to the period of twelve months immediately preceding the date of receipt by Standard of evidence that such adjustments should bg made. C. Payment of Premiums · .. Premiums are clue and payable on the due dates shown on the front of this policy. Ail premiums failing due under this policy, including adjustmeffts thereof, if any, are payable by the PoEcyowner on or be£ore their respective due dates direct to Standard at its Home Office. The payment of any premium shall nor maintain the ingurance under this policy in force beyond the date immediately precedLag the next due date, except as provided in the provision entitled Grace Period. On written req.uest of the Policyowner, approved by Standard, premium payments may, if not then so payable, be changed at . any premium due da~e of' this policy so as to be payable annually, seml.-an.-.,,~.Sd'y, quarterly, or monthly. ~OIC: D. Grace Period A grace period of 31 days will be granted for the payment of premiums accruing aft:r ttie'first premium, during which grace period the policy shall continue in force but the Policyowner shall be liable to Standard for the payment of the. premiums accruing for the period the policy continues in force. f written notice is given by the Policyowner to Standard that this policy>,.:.-~a'l be discontinued as of a.premium due dateor ~efore the end of the grace period, this po!icy sh:dl be discontinued ag of the date specified in the notice or the date of receipt of the notice, whichever is later. ., ~JO3D CERTI FICATFS . · Standard will issue to the Policyowner, for delivery to each insured Member, an individual ccrtlf~ca:e wh;~ch w'~l! state the  '"~p. surance to which such Member is entitlecl under the policy and to :vhom bene£its are payable, and wilt st:mma.4ze the group ,rovisions of t}~e ?,roup policy principally affecting the Member. lOOt Soction 11. RECORDS AND REPORTS The. l'olicyowner sh,'dl furnish on 'Standard's form~,' such information as is necessary to administer this policy whenever req'.:ired by Standard. Clerical error by the Policyowner shall not invalidate insurance other~.,,%e validly in force nor conth'me in.~urance otherwise validly terminated. .. Stindard shall have the right and opportunlty at all reasonable ~imes ~o in,peet the payrolls and other records of the Policyowner for any purpose relating to insurance under this policy. 11oo Sacfion 12. DIVIDENDS During the period this policy is in force, it shall be credited with its shaz~, of the divisible surplus in the £orm of dividends as de~:l, red by Standard. 1204