MTABF

P.O. Box # 656
Baldwin Place, NY 10505
Phone: 845.543.7415
AMENDMENT OR TERMINATION OF BENEFITS

  • The benefits provided by this Fund may, from time to time, be changed, modified, augmented or discontinued by the Board of Trustees. The Board of Trustees adopts rules and regulations for the payment of benefits and all provisions of this booklet are subject to such rules and regulations and to the Trust indenture that established the Fund and governs its operations.

  • Your coverage and your dependent's coverage will stop on the earliest of the following dates:
    • When the Fund is terminated.
    • When you are no longer eligible.
    • When there is a non-payment of the direct pay premiums.
    • When the District ceases to make contributions on your behalf to the Fund.
    • Your dependents' coverage will also terminate when they are no longer your eligible dependents.

  • Active member and retiree benefits under this plan have been made available by the Trustees as a privilege and are always subject to modification or termination in the exercise of the prudent discretion of the Trustees. No person acquires a vested right to such benefits either before or after his or her retirement. The Trustees may expand, modify or cancel the benefits for active members and retirees, change eligibility requirements or the amount of the self-pay premiums, and otherwise exercise their prudent discretion at any time without legal right or recourse by an active member, retiree or any other person.

THIRD-PARTY REIMBURSEMENT/SUBROGATION

  • If a covered member or dependent is injured through the acts or omissions of a third party, the Fund shall be entitled -- to the extent it pays out benefits -- to reimbursement from the covered member or dependent from any recovery obtained from the responsible third party. Alternatively, the Fund shall be subrogated, unless otherwise prohibited by law, to all rights of recovery that the covered member or dependent may have against such third party arising out of its acts or omissions that caused the injury. Subrogation means that the Fund becomes substituted in the injured person's place to pursue a claim for recovery against the third party. Fund benefits will be provided only on the condition that the covered member or dependent agrees in writing:

  • To reimburse the Fund, to the extent of benefits paid by it, out of any monies recovered from such third party, whether by judgment, settlement or otherwise;

  • To provide the Fund with an Assignment of Proceeds to the extent of benefits paid out by the Fund on the claim and to cooperate and assist the Fund in seeking recovery. The Assignment will be filed with the person whose act caused the injuries, his or her agent, the court and/or the provider of services; and

  • To take all reasonable steps to effect recovery from the responsible third party and to do nothing after the injury to prejudice the Fund's right to reimbursement or subrogation, and to execute and deliver to the Fund Office all necessary documents as the Fund may require to facilitate enforcement of the Fund's rights and not to prejudice such rights.