LIFE EFFECTS AFFECTING BENEFITS
(Birth, Death, Disability, Marriage, Divorce, Children Growing Up, Relocation, etc.)
Many of life’s events can have an important impact on your benefits. Here are five common categories of events that can affect benefits, along with some advice on how to deal with them..
You Move, Go On The Road Or Otherwise Change Your Contact Information
- Permanent move the steps you should take
- On the road assuring that you receive important information from the Funds
- Your phone number, e-mail address or other contact information changes
You Add Or Lose Dependents, Or They Reach The Ages of 19, 25 or 65
- Adding a new dependent by marriage, birth, adoption/guardianship, a child 19 to 24 years of age returns to school
- Losing a dependent due to divorce, or a child reaching age 19 (25 if in school), dissolution of a domestic partnership
You or Your Dependent Becomes Disabled
- You have a temporary disability (non-work related)
- You have a temporary disability (leading to Workers Compensation coverage)
- You become permanently and totally disabled as recognized by the Social Security Administration
- Your dependent child becomes permanently and totally disabled before reaching the age of 19
You Leave Covered Employment Because Of Retirement Or Otherwise
- You retire
- You leave the theater to work elsewhere as an actor or otherwise where at least health benefits are available
- You become unemployed or work in a job that has limited or no benefits
You Reach The End Of Life
-You Become Terminally Ill
- Continuing health coverage for spouse, children or other qualified dependents
- Pension and 401(k) benefit payments to beneficiaries
YOU MOVE, GO ON THE ROAD, OR OTHERWISE CHANGE YOUR CONTACT INFORMATION
Permanent Moving
Moving, for many of us, is an exciting experience, associated with the thrill of living in a new environment and exploring new opportunities. In other cases, it involves accommodations to changing conditions in our lives. Regardless of the circumstances, it is critical that you let the Actors’ Equity Association (AEA) know where you can be reached, by mail and e-mail, so that important materials, such as benefit notices and your health contribution bill can reach you on a timely basis (the Health, Pension and 401(k) Funds are a separate entity from Actors’ Equity, legally and physically, but we rely on, and have access to, the contact data you file with the AEA).
On the Road
Going on the road, often represents the fulfillment of one of the dreams associated with being in the theater. But being on the road can place your health and other benefits in jeopardy if you do not take steps to assure that you either: a) make all health benefit contributions that will be required during your time on the road before you leave, or, b) establish a clear and reliable means for contacting you by mail, e-mail or text message on a timely basis, so that you can receive benefits materials and information while you are away.
Having your mail forwarded, or changing your mailing address, may not be practical if your location on the road, or the duration of your stay, is uncertain. Fortunately, e-mail and text messaging offer reasonably reliable alternatives to regular mail for the traveler. However, this only works of your contact information is up to date. Make sure we have your latest contact information in our database, as that information is what the Fund Office relies on to make contact with you.
Other Contact Information (e.g., Phone Number or E-mail Address) Changes
Other contact information changes of any kind need to be communicated to us as soon as possible, so that will always have the most current and accurate information. You can lose one or more of your benefits in a very short period of time (depending on the circumstances) if we fall out of contact with you.
YOU ADD OR LOSE DEPENDENTS, OR THEY REACH 19, 25 OR 65
Among the most memorable and joyous days in most people’s lives are those in which a new members is added to your family. Marriage, birth, adoption and assuming guardianship, or formalizing a relationship with a domestic partner, can all lead to the addition of a “dependent” who is eligible for benefits through you. In the world of benefits a dependent is not necessarily someone who depends on you for support, but rather a person who bears a specific legal relationship to you in terms of benefit eligibility.
For example, under the Health Fund, your spouse/domestic partner and children are generally eligible for health benefits if you are, so long as the full premium for their coverage is paid on a timely basis. Your spouse also has a limited right to your pension and 401(k) benefits, unless he/she waives those rights in writing. The table below shows the rights of your dependents to Equity League benefits.
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Spouse
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Domestic Partner
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Child or Legal Ward to age 19 (25 if enrolled as a full time student in an accredited college)
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| Health |
Coverage is available on a fully self-pay basis |
Coverage is available on a fully self-pay basis once the partner has lived with you for at least 6 months |
Coverage is available on a fully self-pay basis |
| Pension |
Entitled to a survivor benefit unless that right is waived |
Can be named as a beneficiary |
Can be named as a beneficiary |
| 401(k) |
Entitled to any amounts in your account upon your death unless waived |
Can be named as a beneficiary |
Can be named as a beneficiary |
Adding a Dependent, or Sending a Child between the Ages of 19 and 24 off to College/Vocational School
When you welcome a new family member, through marriage, birth, adoption, becoming a guardian, or because a currently non-covered child from the ages of 19 through 24 enrolls in school) your new dependent may be eligible for benefits.
For instance, a child who lost eligibility for your health benefits because he/she reached the aged of 19 and was not enrolled in an accredited educational or vocational institution, becomes eligible for health benefits again if he/she enrolls in such an institution between the ages of 19 and 24 (coverage for dependent children ends when a dependent reaches the age of 25 even if he/she is so enrolled).
If you are eligible for health benefits through employment, your newly acquired dependent may obtain coverage by completing an Enrollment Form and paying the premium required for such coverage. Coverage becomes effective on the first day of the calendar month following the month in which your dependent was added. That dependent must apply for coverage within 60 days of becoming a dependent or he/she may not enroll in the health plan until the next open enrollment period (November for a January effective date of coverage, if you are covered by employment for health benefits at that time).
You may also name your new dependent a beneficiary under any pension and/or 401(k) benefits plans that you may participate in. Your spouse will automatically become a beneficiary under your pension benefits as soon as you become vested (unless your spouse declines being a beneficiary in writing through a Pension Election Form. Your spouse automatically becomes a beneficiary of your 401(k) plan as soon as you become a participant (unless your spouse waives that right via a 401(k) Election Form).
Losing a Dependent Through Divorce, Death, A Child/Ward Reaching Age 19 (25 if in school) or the Dissolution of a Domestic Partnership
You may also name your new dependent a beneficiary under any pension and/or 401(k) benefits plans that you may participate in. Your spouse will automatically become a beneficiary under your pension benefits as soon as you become vested (unless your spouse declines being a beneficiary in writing through a Pension Election Form. Your spouse automatically becomes a beneficiary of your 401(k) plan as soon as you become a participant (unless your spouse waives that right via a 401(k) Election Form).
Divorce
A divorce can make your former spouse ineligible for benefits, unless the divorce creates a Qualified Domestic Relations Order (QDRO) that requires you to provide health or other benefits. In the absence
Dissolution of a Domestic Partnership
If your Domestic Partnership dissolves, and your former partner was covered for health benefits at the time the dissolution took place, he/she will be given the option of paying for COBRA benefits. That partner has no right to you pension or 401(k) benefits, but if you previously named that partner as a beneficiary, he/she will remain so until and unless you make a new beneficiary election or you marry.
A Child/Ward Reaches Age 19 (25 if in school)
Children lose coverage under the Health Fund once the reach the age of 19, unless they are enrolled as full-time students in an accredited educational on vocational institution. However, if a dependent has lost coverage as a result of reaching age 19 and enrolls as a full-time student prior to reaching the age of 25, that dependent will become eligible once again for health coverage, if you are covered by employment and he/she makes application for coverage within 60 days of returning to school.
DISABILITY YOU OR YOUR DEPENDENT BECOMES DISABLED
A disability can be devastating to you and/or your dependents. If you become disabled, it can threaten your income, and benefit eligibility for you and your dependents. Your disability can be temporary and related to work. It can be temporary but not connected with your employment. Finally, your disability can be total and permanent in nature. These three scenarios each have different impacts on your benefits.
You Become Temporarily Disabled for Non-Work Related Reasons
If you become temporarily and/or partially disabled for reasons not related to your work in the theater, you may become eligible for certain short term disability benefits that must be provided by employers in certain states (e.g., NY). However, most states do not require that such benefits be provided by employers. Therefore, if you become disabled your income from the theater ceases, as do any contributions to the Equity League health, pension and 401(k) funds. You will continue to be eligible for any health coverage earned through employment prior to your disability. If your eligibility for health coverage through employment ends, you will be offered COBRA coverage. Any dependents who were covered will become eligible for COBRA as well.
You Become Temporarily Disabled On The Job
If you become disabled as a result of your work in the theater, all states in the US provide some form of Worker’s Compensation benefits, which vary by state. In addition, you may be eligible for Supplemental Worker’s Compensation (SWC) benefits provided by the Health Fund. You must apply for such benefits by completing an SWC form.
The impact of your disability on your health, pension and 401(k) benefits will be the same as if you become disabled off the job. Therefore, if you become disabled your income from the theater ceases, as do any contributions to the Equity League health, pension and 401(k) funds. You will continue to be eligible for any health coverage earned through employment prior to your disability. If your eligibility for health coverage through employment ends, you will be offered COBRA coverage. Any dependents who were covered will become eligible for COBRA as well.
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You Become Permanently and Totally Disabled
You may become eligible for certain benefits if you become totally and permanently disabled.
Pension Benefits If you should become permanently disabled and are awarded disability benefits, by Social Security Administration (SSA) and you were vested at the time your disability began, you are entitled to immediately begin collecting a disability pension.The pension is equal to what your pension would have been at normal retirement age (65) .
401(k) If you are recognized as being totally and permanently disabled by SSA, you are considered retired (regardless of your age) and can begin to receive a 401(k) distribution (subject to income tax but not the excise tax on early 401(k) distributions).
Health Fund If you are totally disabled when Health Fund coverage ends, charges relating to the illness or injury that caused the disability continue to be covered for up to one year. In addition, COBRA coverage is available for up to 29 months from the date of initial COBRA qualifying event if you or any qualified dependent is determined by SSA to be disabled. To qualify for the COBRA disability extension such a disability would have to have started before the 60th day of COBRA continuation coverage and last until the end of the 18 month period of continuation coverage. Notice of such a disability must be provided to the Fund Office within 60 days of the latest of: 1) the date SSA determines you are disabled, 2) the date of the initial qualifying event, and 3) the date of the loss of coverage due to the initial qualifying event.
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Your Dependent Child Becomes Disabled
If you have a dependent child who becomes incapable of self-sustaining employment before reaching the age of 19, that child can qualify under the Health Fund for health coverage that lasts as long as your does, and in some cases longer, as per COBRA rules.
Written evidence of the child’s handicap must be send to the Fund Office within 31 days of the age when coverage would usually end, and when requested by the Fund Office thereafter.
YOU LEAVE COVERED EMPLOYMENT
You Retire
If you retire from the theater, you will be eligible to continue health coverage you have earned through employment on a self-pay basis under COBRA rules. You may be able to continue coverage even longer if your years of service in the theater are sufficient. You may be able to begin collecting any pension benefits you have earned as early as age 60 (you can begin to withdraw monies from you 401(k) account at the age of 59.5.
You Leave Covered Employment For Other Employment Where Benefits Are Available
Many actors find employment outside the theatre, such as in film or on television. In such instances, you may be able to qualify for health or pension benefits in those industries. Alternatively, you may become employed outside of acting but in an environment where benefits are available to you. In such cases, you’ll probably want to try to assure that there will be no gap in benefits. Depending the facts and circumstances, you may wish to continue health coverage with the Equity League Health Fund through COBRA, if that is available.
You Leave Covered Employment With No Benefits Available From Other Sources
If you were covered for health benefits before your employment ended, you’ll want to consider whether COBRA coverage makes sense for you (in some situations COBRA will be your best alternative but in others individual health benefits may be a better value. If you are 59.5 or older, you may wish to begin withdrawing amounts from any 401(k) account you may have with the Funds. If you are age 60, you may be able to begin collecting pension benefits as well.
YOU REACH THE END OF YOUR LIFE
You Become Terminally Ill
If you should become terminally ill, benefits may be the last thing on your mind, but the Funds offer a number of benefits that can defray your expenses in dealing with such an illness and help relieve you of at least some of your worries. If you become unable to work and have earned health coverage prior to that, you will be eligible for continued health coverage under COBRA. If you participate in the Pension Fund and have had at least 5 years of vesting service (with none of it lost due to a break in service) you are entitled to a Terminal Illness Benefit that is equal to 60 months of what your pension would have been had you begun to collect that pension at age 65. If you are 59.5 or older, you may withdraw amounts from any 401(k) account you may have without penalties (if you are younger than 59.5 you may be able to withdraw some of your 401(k) monies to pay for any medical expenses associated with your illness (some of the amounts withdrawn may be exempt from the 10% excise tax normally assessed on early 401(k) withdrawals.
Benefits Available To Your Dependents After Your Death
If you pre-decease any of your dependents, they will have to struggle with the grief of such a loss. But they may also have to face changes in their financial situations. But if they were covered under your health benefit plan, or have been named as beneficiaries of your pension or 401(k) benefits, help may available to them.
Health Benefits For Dependents Of Deceased Participants In The Health Fund
If you had health benefits earned through employment prior to your death and covered your dependents, they will be entitled to 36 months of COBRA benefits after your death. If you and your dependents were already on COBRA at the time of your death, your dependents will be entitled to 36 months of COBRA coverage reduced by the number of months they were on COBRA before your death. Vested beyond COBRA benefits earned by you do not apply to your dependents, so their coverage will end as of the end of the month of your death.
Pension And 401(k) Benefits Available To Surviving Dependents
Surviving spouses (unless they have waived survivor benefits) are entitled to the survivor pension benefit for as long as they live. If you were already collecting pension benefits but had not collected such benefits for at least 60 months, your surviving spouse (who had waived survivor benefits) or any other beneficiary you have designated will receive a benefit equal to the balance of the 60 months that has not already been paid.
If you die before you retire, your spouse (or domestic partner of at least a year) receives 50% of the monthly benefit you would have received had you retired on the date of your death (or at 60 if you die before you reach age 60) and elected a 50% joint and survivor benefit. Otherwise, a death benefit equal to 60 months of the benefit you would have received if you had qualified for a regular pension at the time of your death, based on the vesting service and earnings to the date.
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