{"id":40654,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/supplemental-executive-medical-plan-gannett-co-inc.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"supplemental-executive-medical-plan-gannett-co-inc","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/compensation\/supplemental-executive-medical-plan-gannett-co-inc.html","title":{"rendered":"Supplemental Executive Medical Plan – Gannett Co., Inc."},"content":{"rendered":"

GANNETT CO., INC.<\/u><\/strong>
Supplemental Executive Medical Plan<\/u><\/strong>
\nAmended and Restated as of January 1, 2011<\/u><\/strong><\/p>\n

\n

Effective January 1, 2011, Gannett Co., Inc. (the “Company”) hereby amends
\nand restates its Supplemental Executive Medical Plan (the “Plan”) as set forth
\nherein.<\/p>\n<\/p>\n

ELIGIBILITY<\/u><\/p>\n<\/p>\n

This Plan covers each active executive who was a participant in the
\nSupplemental Executive Medical Plan on December 31, 2010. Generally, to be a
\nparticipant in the Supplemental Executive Medical Plan as of December 31, 2010,
\nthe executive had to be an active officer of the Company or an active member of
\nthe Company153s Management, U.S. Community Publishing or Broadcast Operating
\nCommittees as of that date. No employees will be permitted to join the Plan
\nafter December 31, 2010. A participant will be eligible with respect to any
\ncovered medical expenses incurred by such executive or eligible dependents on or
\nafter the date of eligibility under the Plan. An executive153s eligible dependents
\nwill include parents and parents-in-law if they are legal dependents for
\nInternal Revenue Service purposes, as well as those individuals who would
\nqualify as eligible dependents under the Company153s other medical plans.
\nExecutives who participate in this Plan will cease to participate in this Plan
\nwhen they terminate employment or when they cease to be a member of a class of
\nexecutives that may participate in this Plan.<\/p>\n<\/p>\n

BENEFITS PROVIDED<\/u><\/p>\n<\/p>\n

Subject to the maximums set forth in the following paragraphs, the benefits
\npayable to any eligible executive in any plan year will be equal to the excess,
\nif any, of (a) over (b) where<\/p>\n<\/p>\n\n\n\n\n\n
<\/td>\n\n

(a)<\/p>\n<\/td>\n

<\/td>\n\n

is the sum of all covered medical expenses, as hereinafter defined, that have
\nbeen incurred by such executive during such plan year with respect to
\nhimself\/herself and eligible dependents; and<\/p>\n<\/td>\n<\/tr>\n

<\/td>\n<\/td>\n<\/td>\n<\/td>\n<\/tr>\n
<\/td>\n\n

(b)<\/p>\n<\/td>\n

<\/td>\n\n

is the sum of all amounts payable with respect to such medical expenses under
\nthe Company153s medical expense plans or under any federal or state plans.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

The maximum amount payable to any participant while an active employee of the
\nCompany with respect to the total medical expenses incurred for himself\/herself
\nand all eligible dependents will not be greater than $750,000 in each plan year
\n(i.e., the calendar year).<\/p>\n<\/p>\n

\n

size=2 width=”100%” noshade style=’color:#A0A0A0′ align=center><\/p>\n

COVERED MEDICAL EXPENSES<\/u><\/p>\n

A medical expense will be considered as a covered medical expense under the
\nPlan if:<\/p>\n\n\n\n\n\n
<\/td>\n\n

(a)<\/p>\n<\/td>\n

<\/td>\n\n

it is considered to be an expense of the type for which benefits are provided
\nunder the Company153s medical expense plans (without regard to the provisions of
\nsuch plans which might limit the amount of benefits payable with respect to such
\nexpense), or<\/p>\n<\/td>\n<\/tr>\n

<\/td>\n<\/td>\n<\/td>\n<\/td>\n<\/tr>\n
<\/td>\n\n

(b)<\/p>\n<\/td>\n

<\/td>\n\n

it is considered to be an eligible health care expense which is reimbursable
\nunder IRS regulations.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Expenses incurred by an eligible executive with respect to himself\/herself or
\nany eligible dependents for the following will be considered as covered medical
\nexpenses under this Plan whether or not they are considered to be medical
\nexpenses under the Company153s medical expense plans. A sample listing of covered
\nmedical expenses includes:<\/p>\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n
<\/td>\n\n

(a)<\/p>\n<\/td>\n

<\/td>\n\n

Routine and preventive physicals.<\/p>\n<\/td>\n<\/tr>\n

<\/td>\n<\/td>\n<\/td>\n<\/td>\n<\/tr>\n
<\/td>\n\n

(b)<\/p>\n<\/td>\n

<\/td>\n\n

X-ray and diagnostic services.<\/p>\n<\/td>\n<\/tr>\n

<\/td>\n<\/td>\n<\/td>\n<\/td>\n<\/tr>\n
<\/td>\n\n

(c)<\/p>\n<\/td>\n

<\/td>\n\n

Chiropractic or acupuncture fee if it is prescribed for a specific medical
\ncondition.<\/p>\n<\/td>\n<\/tr>\n

<\/td>\n<\/td>\n<\/td>\n<\/td>\n<\/tr>\n
<\/td>\n\n

(d)<\/p>\n<\/td>\n

<\/td>\n\n

Nursing services for care of a specific medical ailment.<\/p>\n<\/td>\n<\/tr>\n

<\/td>\n<\/td>\n<\/td>\n<\/td>\n<\/tr>\n
<\/td>\n\n

(e)<\/p>\n<\/td>\n

<\/td>\n\n

Nursing home expenses including medical expenses, meals, and lodging in the
\nhome if the main reason for being there is to receive medical care.<\/p>\n<\/td>\n<\/tr>\n

<\/td>\n<\/td>\n<\/td>\n<\/td>\n<\/tr>\n
<\/td>\n\n

(f)<\/p>\n<\/td>\n

<\/td>\n\n

Dental care, artificial teeth\/dentures, orthodontic services, and dental
\nimplants as long as they are not for cosmetic purposes.<\/p>\n<\/td>\n<\/tr>\n

<\/td>\n<\/td>\n<\/td>\n<\/td>\n<\/tr>\n
<\/td>\n\n

(g)<\/p>\n<\/td>\n

<\/td>\n\n

Optometrist153s or ophthalmologist153s fees, prescription eyeglasses, contact
\nlenses, and cleaning solutions, PRK keratotomy (laser eye surgery).<\/p>\n<\/td>\n<\/tr>\n

<\/td>\n<\/td>\n<\/td>\n<\/td>\n<\/tr>\n
<\/td>\n\n

(h)<\/p>\n<\/td>\n

<\/td>\n\n

Cosmetic surgery or procedures that treat a deformity caused by an accident,
\ntrauma, disease, or an abnormality at birth.<\/p>\n<\/td>\n<\/tr>\n

<\/td>\n<\/td>\n<\/td>\n<\/td>\n<\/tr>\n
<\/td>\n\n

(i)<\/p>\n<\/td>\n

<\/td>\n\n

Services of psychotherapists, psychiatrists and psychologists.<\/p>\n<\/td>\n<\/tr>\n

<\/td>\n<\/td>\n<\/td>\n<\/td>\n<\/tr>\n
<\/td>\n\n

(j)<\/p>\n<\/td>\n

<\/td>\n\n

Expenses associated with the purchase of birth control prescribed by a
\ndoctor.<\/p>\n<\/td>\n<\/tr>\n

<\/td>\n<\/td>\n<\/td>\n<\/td>\n<\/tr>\n
<\/td>\n\n

(k)<\/p>\n<\/td>\n

<\/td>\n\n

Medically prescribed treatment for drug addiction or alcoholism. Prescription
\ndrugs to alleviate nicotine withdrawal in smoking cessation program.<\/p>\n<\/td>\n<\/tr>\n

<\/td>\n<\/td>\n<\/td>\n<\/td>\n<\/tr>\n
<\/td>\n\n

(l)<\/p>\n<\/td>\n

<\/td>\n\n

Speech therapy, physical therapy (as treatment for a specific medical
\ncondition).<\/p>\n<\/td>\n<\/tr>\n

<\/td>\n<\/td>\n<\/td>\n<\/td>\n<\/tr>\n
<\/td>\n\n

(m)<\/p>\n<\/td>\n

<\/td>\n\n

Transportation expenses primarily for, and essential to, medical care.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

– 2 –<\/p>\n

\n

\n

EXCLUSIONS<\/u><\/p>\n<\/p>\n

No benefits will be payable under the Plan with respect to expenses incurred
\nfor the following:<\/p>\n<\/p>\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n
<\/td>\n\n

(a)<\/p>\n<\/td>\n

<\/td>\n\n

Over-the-counter medications and non-prescription drugs, vitamins, and herbs.\n<\/p>\n<\/td>\n<\/tr>\n

<\/td>\n<\/td>\n<\/td>\n<\/td>\n<\/tr>\n
<\/td>\n\n

(b)<\/p>\n<\/td>\n

<\/td>\n\n

Over-the-counter birth control products or devices.<\/p>\n<\/td>\n<\/tr>\n

<\/td>\n<\/td>\n<\/td>\n<\/td>\n<\/tr>\n
<\/td>\n\n

(c)<\/p>\n<\/td>\n

<\/td>\n\n

Tooth bonding that is not medically necessary or teeth bleaching.<\/p>\n<\/td>\n<\/tr>\n

<\/td>\n<\/td>\n<\/td>\n<\/td>\n<\/tr>\n
<\/td>\n\n

(d)<\/p>\n<\/td>\n

<\/td>\n\n

Weight loss maintenance programs.<\/p>\n<\/td>\n<\/tr>\n

<\/td>\n<\/td>\n<\/td>\n<\/td>\n<\/tr>\n
<\/td>\n\n

(e)<\/p>\n<\/td>\n

<\/td>\n\n

Smoking cessation programs for general well-being, including non-prescription
\nnicotine gum and nicotine patches.<\/p>\n<\/td>\n<\/tr>\n

<\/td>\n<\/td>\n<\/td>\n<\/td>\n<\/tr>\n
<\/td>\n\n

(f)<\/p>\n<\/td>\n

<\/td>\n\n

Physical treatments unrelated to specific health problem; e.g., massage for
\ngeneral well-being.<\/p>\n<\/td>\n<\/tr>\n

<\/td>\n<\/td>\n<\/td>\n<\/td>\n<\/tr>\n
<\/td>\n\n

(g)<\/p>\n<\/td>\n

<\/td>\n\n

Lens replacement insurance.<\/p>\n<\/td>\n<\/tr>\n

<\/td>\n<\/td>\n<\/td>\n<\/td>\n<\/tr>\n
<\/td>\n\n

(h)<\/p>\n<\/td>\n

<\/td>\n\n

Cosmetic surgery or procedures that improve the patient153s appearance but do
\nnot promote the proper function of the body or prevent or treat an illness or a
\ndisease.<\/p>\n<\/td>\n<\/tr>\n

<\/td>\n<\/td>\n<\/td>\n<\/td>\n<\/tr>\n
<\/td>\n\n

(i)<\/p>\n<\/td>\n

<\/td>\n\n

Custodial care.<\/p>\n<\/td>\n<\/tr>\n

<\/td>\n<\/td>\n<\/td>\n<\/td>\n<\/tr>\n
<\/td>\n\n

(j)<\/p>\n<\/td>\n

<\/td>\n\n

Confinement in a federal hospital.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

COST<\/u><\/p>\n<\/p>\n

The entire cost of this Plan will be borne by the Company.<\/p>\n<\/p>\n

TERMINATION OF BENEFITS<\/u><\/p>\n<\/p>\n

No benefits will be paid under this Plan for covered medical expenses
\nincurred with respect to an executive or any eligible dependents after the date
\nof the executive153s termination of employment or termination of eligibility as a
\nCompany officer or as a member of the Company153s Management, U.S. Community
\nPublishing or Broadcast Operating Committees.<\/p>\n<\/p>\n

No benefits will be paid under this Plan with respect to medical expenses
\nincurred with respect to a dependent of an executive after such dependent ceases
\nto meet the definition of an eligible dependent under this Plan.<\/p>\n<\/p>\n

– 3 –<\/p>\n

\n

\n

GRANDFATHERED STATUS<\/u><\/p>\n<\/p>\n

The Company believes this Plan is a “grandfathered health plan” under the
\nPatient Protection and Affordable Care Act (the Affordable Care Act). As
\npermitted by the Affordable Care Act, a grandfathered health plan can preserve
\ncertain basic health coverage that was already in effect when that law was
\nenacted. Being a grandfathered health plan means that the Plan may not include
\ncertain consumer protections of the Affordable Care Act that apply to other
\nplans. However, grandfathered health plans must comply with certain other
\nconsumer protections in the Affordable Care Act. Questions regarding which
\nprotections apply and which protections do not apply to a grandfathered health
\nplan and what might cause a plan to change from grandfathered health plan status
\ncan be directed to Roxanne Horning, Senior Vice President\/Human Resources, 7950
\nJones Branch Drive, McLean, Virginia 22107. Participants may also contact the
\nEmployee Benefits Security Administration, U.S. Department of Labor at
\n1-866-444-3272 or www.dol.gov\/ebsa\/healthreform.<\/p>\n<\/p>\n

The Plan shall be administered and operated with the intent of maintaining
\nits status as a grandfathered plan and any provision in this document or
\notherwise that conflicts with that intent shall be deemed amended to comport
\nwith that intent.<\/p>\n<\/p>\n

CLAIMS\/APPEALS<\/u><\/p>\n<\/p>\n

The following procedures shall apply if a participant (or an authorized
\nrepresentative acting on a participant153s behalf) has a question about his\/her
\neligibility to participate in the Plan. These rules do not apply if a
\nparticipant is claiming the right to be reimbursed for a particular expense
\nunder the Plan. If a participant is filing a claim for reimbursement for a
\nparticular expense, the participant must do so under the claims procedures
\nestablished by the insurance company that is responsible for paying for benefits
\nunder the Plan. Such procedures may be obtained from the Gannett Corporate
\nBenefits Department upon request at no charge.<\/p>\n<\/p>\n

– 4 –<\/p>\n

\n

\n

Any claim relating to eligibility shall be submitted to the Company153s
\nDirector of Benefits in writing. The Director of Benefits will generally notify
\nthe claimant of his decision within 30 days after he receives the claim.
\nHowever, if the Director of Benefits determines that special circumstances
\nrequire an extension of time to decide the claim, the Director of Benefits may
\nobtain an additional 15 days to decide the claim. Before obtaining this
\nextension, the Director of Benefits will notify the claimant, in writing and
\nbefore the end of the initial 30-day period, of the special circumstances
\nrequiring the extension and the date by which the Director of Benefits expects
\nto render a decision.<\/p>\n<\/p>\n

If the claimant153s claim is denied in whole or in part, the Director of
\nBenefits will provide the claimant, within the time period described above, with
\na written or electronic notice which explains the reason or reasons for the
\ndecision, includes specific references to plan provisions upon which the
\ndecision is based, provides a description of any additional material or
\ninformation which might be helpful to decide the claim (including an explanation
\nof why that information may be necessary), describes the appeals procedures and
\napplicable filing deadlines, and describes the claimant153s right to file a
\nlawsuit under the Employment Retirement Income Security Act of 1974, as amended
\n(“ERISA”) upon an adverse appeals determination.<\/p>\n<\/p>\n

If a claimant disagrees with the decision reached by the Director of
\nBenefits, the claimant may submit a written appeal requesting a review of the
\ndecision to the Company153s Benefit Plans Committee (the “Plan Administrator”).
\nThe claimant153s written appeal must be submitted within 180 days of receiving the
\ninitial adverse decision. The claimant153s written appeal should clearly state the
\nreason or reasons why the claimant disagrees with the Director of Benefits153
\ndecision. The claimant may submit written comments, documents, records and other
\ninformation relating to the claim even if such information was not submitted in
\nconnection with the initial claim for benefits. Additionally, the claimant, upon
\nrequest and free of charge, may have reasonable access and copies of all Plan
\ndocuments, records and other information relevant to the claim.<\/p>\n<\/p>\n

The Plan Administrator will generally decide a claimant153s appeal within 60
\ndays. In the case of an adverse decision, the notice will explain the reason or
\nreasons for the decision, include specific references to Plan provisions upon
\nwhich the decision is based, and indicate that the claimant is entitled to, upon
\nrequest and free of charge, reasonable access to and copies of documents,
\nrecords, and other information relevant to the claim. Additionally, the claimant
\nwill be notified of his\/her right to file a lawsuit under ERISA.<\/p>\n<\/p>\n

– 5 –<\/p>\n

\n

\n

The Plan Administrator has full discretionary authority for deciding all
\neligibility issues relating to the Plan and all such decisions of the Plan
\nAdministrator are binding on all parties. Any claims or questions relating to
\nPlan eligibility must be filed within one year from the date such claim arose.
\nIf a participant fails bring an eligibility claim within such time period, the
\nparticipant shall forfeit his\/her right to bring the claim through the claims
\nprocess or otherwise (e.g., by filing a lawsuit against the Plan). A participant
\nfully must comply with and exhaust the claims and appeals process before
\ncommencing any legal action against the Plan, and the participant shall forfeit
\nhis\/her right to bring a legal action against the Plan if the participant fails
\nto do so. If a participant receives an adverse decision on appeal, the
\nparticipant must commence any lawsuit against the Plan within one year from the
\ndate of the adverse determination on appeal.<\/p>\n<\/p>\n

GENERAL PROVISION<\/u><\/p>\n<\/p>\n

This Plan will be administered and all Plan benefits will be paid by the
\nCompany or the insurance company through which it provides coverage under this
\nPlan. Any and all questions or interpretations concerning the Plan will be
\nresolved by the Company at its sole discretion. The Company reserves the right
\nto change or terminate the Plan at any time and for any reason.<\/p>\n<\/p>\n\n\n\n\n\n\n\n
<\/td>\n<\/td>\n<\/td>\n<\/td>\n<\/td>\n<\/tr>\n
\n

Dated: December 22, 2010<\/p>\n<\/td>\n

\n

GANNETT CO., INC.<\/p>\n<\/td>\n

<\/td>\n<\/tr>\n
<\/td>\n\n

By:<\/p>\n<\/td>\n

\n

\/s\/ Roxanne V. Horning<\/p>\n<\/td>\n

<\/td>\n<\/tr>\n
<\/td>\n<\/td>\n\n

Name:<\/p>\n<\/td>\n

\n

Roxanne V. Horning<\/p>\n<\/td>\n

<\/td>\n<\/tr>\n
<\/td>\n<\/td>\n\n

Title:<\/p>\n<\/td>\n

\n

Senior Vice President\/Human Resources<\/p>\n<\/td>\n

<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

– 6 –<\/p>\n

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