Table of Contents

Introduction ........................................................................................... 1

Your Disability Benefits At-A-Glance ...................................................................................................................................... 2

About Sickness Allowance ................................................................. 3

Your Short-Term Annual Accrued Sickness Allowance Amount .............................................................................................. 3

Sickness Allowance for New Hires ...................................................................................................................................... 3

Sickness Allowance Based on Years of Service ................................................................................................................... 4

Extended-Term Sick Leave Allowance........................................................................................................................................ 5

Maximum Benefit Amount ........................................................................................................................................................ 5

Using Your Sickness Allowance ................................................................................................................................................ 6

Bonus Sickness Allowance ........................................................................................................................................................ 7

Using Your Bonus Sickness Allowance ..................................................................................................................................... 7

Coordinating Benefits with Other Disability Income ................................................................................................................ 8

Using Vacation/Holiday Time as Sick Pay ................................................................................................................................ 8

If You Are Disabled and Continue to Work .............................................................................................................................. 8

If You Become Disabled While on Vacation .............................................................................................................................. 8

Reporting Absences ................................................................................................................................................................... 9

About the Disability Benefit Plan .................................................. 10

When Coverage Begins ............................................................................................................................................................. 10

Cost .......................................................................................................................................................................................... 10

Coverage Amount .................................................................................................................................................................... 10

For Disability Benefits Beginning on or After June 1, 1991 .............................................................................................. 11

Disability Benefits Beginning Before June 1, 1991 ............................................................................................................ 11

When Benefit Payments Begin ................................................................................................................................................ 12

When Benefits Are Not Payable .............................................................................................................................................. 12

Maximum Benefit Period ......................................................................................................................................................... 13

What Is Considered a Disability .............................................................................................................................................. 14

If You Are Disabled But Continue to Work ............................................................................................................................ 15

Work Hardening ............................................................................................................................................................... 15

Disability Placement Program .......................................................................................................................................... 15

Outside Employment .......................................................................................................................................................... 15

Partial Disability Subsidy .................................................................................................................................................. 16

Vocational Rehabilitation ................................................................................................................................................... 17

If You Return to Work Full-Time and You Are Disabled Again ............................................................................................. 17

Recurring Disabilities ........................................................................................................................................................ 17

Subsequent Unrelated Disabilities ..................................................................................................................................... 17

Continuation of Other Benefits During Disability .................................................................................................................. 18

When Coverage Ends ............................................................................................................................................................... 19

Coordination of Your Sickness Allowance and Disability Benefit     20

Other Sources of Disability Income .............................................. 21

An Example of How Benefits Coordinate ........................................................................................................................... 22

Receiving Your Benefits .................................................................... 23

Who Receives Disability Payments ......................................................................................................................................... 23

What Information Is Required ................................................................................................................................................. 23

Overpayment of Benefits ........................................................................................................................................................ 24

Your ERISA Rights................................................................................................................................................................... 24

Terms You Should Know...................................................................... 25

 


Text Box: Quick Tip!
If you become disabled, be sure to refer to “Living with Your Disability” in the Life Events section of this binder.

Introduction

Being disabled can be emotionally and financially difficult for both you and your family. That’s why the Company offers a disability program to help you in the event that you are disabled and unable to work full-time.

Text Box: Quick Tip!
Important words and 
terms are defined at the 
end of this section, under “Terms You Should Know.” These terms are italicized throughout the binder.

The Company’s disability program includes Sickness Allowance and the Disability Benefit Plan. Both plans are provided to you at no cost, meaning the Company pays the full cost of coverage.

Sickness Allowance is designed to provide you with benefits for absences that are not expected to last for a long period of time. If your disability continues for a longer period of time, the Disability Benefit Plan will provide benefits to help meet your ongoing living expenses while you are totally disabled.

An “At-A-Glance” chart of your disability benefits is on the next page, followed by detailed information about the plans.


Your Disability Benefits At-A-Glance

 

Short-Term Annual Accrued Sickness Allowance

Extended-Term Sickness Leave

Disability
Benefit Plan

Brief Description

For absences not expected to last for a long period of time.

For absences due to an illness or injury that is expected to last more than three days.

For disabilities lasting more than 60 days.

Coverage Amount

You receive 100% of your regular earnings. If you elect to use your annual accrued sickness allowance for an illness or injury that lasts more than seven calendar days, your earnings will be reduced by other deductible disability benefits for which you are eligible

You receive 100% of your regular earnings, less deductible disability benefits (after the seventh calendar day) such as State Disability Insurance (SDI) or Workers’ Compensation for which you are eligible.

You receive 60% of your monthly earnings less deductible disability benefits for which you are eligible.

Who Pays for Coverage

The Company.

The Company.

The Company.

 


About Sickness Allowance

Text Box: Did You Know?
The Company pays the 
full cost of your 
Sickness Allowance.

Your Short-Term Annual Accrued Sickness Allowance Amount (Current-Term Sick Leave)

Each calendar year, you will be credited with a certain number of hours of Sickness Allowance based on years of service to be completed with the Company by the end of that same year. Previous years of service with Pacific Enterprises (PE) or any Sempra Energy company will also count toward years of service.

Sickness Allowance for New Hires

You become eligible for Short-Term Annual Sickness Allowance after six months of employment if you are a regular full-time employee of the Company. If the end of this six-month period occurs in the same calendar year you are hired, you will be credited with 40 hours of Current-Term Sick Leave. This partial Sickness Allowance is designed to provide some coverage until the first full calendar year you participate.

Example:  Here is an example showing three employees with different hire dates.

Employee

Hire Date

Eligibility Date
for Sickness Allowance

Short-Term Annual Sickness Allowance Credited
During Year of Hire

Steve

1/17/99

7/17/99

40 hours for 7/17/99 to 12/31/99.

Theresa

3/21/99

9/21/99

40 hours for 9/21/99 to 12/31/99.

Mei

10/3/99

4/3/00

0 hours for 1999 because Mei has not reached the eligibility date by 12/31/99.

 


Sickness Allowance Based on Years of Service

The Short-Term Annual Sickness Allowance you receive each calendar year is based on the number of years of service you will have completed with the Company by the end of the calendar year, as shown in the following table:

Years of Service to be
Completed by Year End

Sickness Allowance
Credited on January 1

6 months

40 hours

1

40 hours

2

80 hours

3

120 hours

4

120 hours

Example:  Continuing the earlier example, here’s how much Short-Term Annual Sickness Allowance Steve, Theresa and Mei would receive in 1999 and 2000.

Employee

Hire Date

1999

2000

Short-Term Sickness Allowance Credited

Years of Service To Be Completed

Short-Term Annual Sickness Allowance Credited

Steve

1/17/99

40 hours

1 year

40 hours

Theresa

3/21/99

40 hours

1 year

40 hours

Mei

10/3/99

0 hours

1 year

40 hours

Note: When Mei completes six months of service on April 3, 2000, she will receive a full year’s allotment because she is expected to complete one year of service that same year.

Current-Term Sick Leave is used the first three days of an employee’s absence due to sickness or injury. It may also be used to sustain pay prior to receiving LTD benefits, at the employee’s request, if Extended-Term Sickness Allowance and Bonus Sickness Allowance, if any, have been used up.

Fifty percent of an employee’s Current-Term Sick Leave may also be used to attend to an illness of the employee’s spouse, child or parent as those terms are defined in California law. The Company reserves the right to verify the illness of an employee’s spouse, child or parent according to California law. Current-Term Sick Leave may also be used to assist a domestic partner, provided an Affidavit of Domestic Partnership is on file with Employee Benefits. The Company also reserves the right to verify the illness of a domestic partner.


Extended-Term Sick Leave Allowance

Employees in active service who have completed five (5) years or more of regular employment shall receive the following Extended-Term Sick Leave Allowance, in addition to the Short-Term Annual Sickness Allowance:

Year in Which
Disability Begins

Calendar Weeks
or Working Days

Equivalent
Working Hours

5 years

1 week

40 hours

6 years

2 weeks

80 hours

7 years

3 weeks

120 hours

8 years

4 weeks

160 hours

9 years

5 weeks

200 hours

10 or more years

6 weeks

240 hours

Extended-Term Sick Leave Allowance is used if you are absent due to illness or injury for more than three work days. It may also be used if you do not have available Current-Term Sick Leave.

Any portion of an employee’s Extended-Term Sick Leave Allowance which has been used during any calendar year will be replenished the first day of the next calendar year. An employee’s Extended-Term Sick Leave Allowance is not an annual accrual and is not available to use for the illness of a spouse, domestic partner, child or parent.

Maximum Benefit Amount

For each day of Sickness Allowance you use, you will receive 100% of your regular earnings less any State Disability or Workers’ Compensation benefits for which you are eligible. To receive the maximum benefit amount, you must apply for California State Disability Insurance (SDI) benefits if:

n       You are disabled due to non work-related causes for more than seven consecutive calendar days

n       You are absent for more than seven calendar days due to a Workers’ Compensation claim that has been delayed or denied, or

n       You are absent for more than seven calendar days due to a Workers’ Compensation injury or illness that occurs beyond five years from the original date of injury or illness.


Using Your Sickness Allowance

You can use your Sickness Allowance if you are unable to work due to an illness or injury as follows:

Duration of Your Absence

What Happens

If you’re absent for three days
or less

You will use your Current-Term Sick Leave. You may be required to provide medical information. You will be notified if this is the case.

If you expect to be absent for more than three days

You will use three days of Current-Term Sick Leave and on the fourth work day begin to use your Extended-Term Sick Leave. You must provide a written statement from your doctor after two weeks of disability, or sooner if requested, with the following information:

n      Evidence that you are under the regular care of a doctor

n      The date your disability began

n      Prognosis

n      Treatment plan

n      Medication prescribed, if any, and dosage

n      Test or x-ray results, if any (or other objective data)

n      Specific information that precludes you from performing your regular job duties (e.g., maximum weight to be lifted, amount of bending, stooping, walking)

n      Expected return-to-work date.

If you’re disabled continuously or intermittently from one calendar year to the next due to the same or a related medical problem

The total number of Short-Term Annual Sickness Allowance hours you use for the disability for both years cannot be greater than the Short-Term Annual Sickness Allowance you receive each year. This does not apply if your absences are separated by a return to work of at least 90 days.

If you’re continuously disabled for more than 60 days and become eligible for Disability Plan benefits

You will begin to receive Disability Plan benefits. You must be back at work for at least 180 days before using either your Short-Term Annual or Extended-Term Sickness Allowance for a related disability.

Other than functional job limitations that may be shared with your supervisor, medical information will remain confidential and be kept in a separate medical file.


Bonus Sickness Allowance

If you become disabled after you complete ten or more calendar years with the Company, you may be eligible for Bonus Sickness Allowance. You will be eligible for 160 hours of Bonus Sickness Allowance if you have used less than 160 hours of sick time (paid or unpaid) for non work-related reasons during the five previous calendar years. Your eligibility for Bonus Sickness Allowance must be verified and approved by the Company’s payroll department. Bonus Sickness Allowance becomes part of your Extended-Term Sick Leave and is available after you have used 240 hours of sick leave for a disability.

Example:  Let’s assume that Jim has completed ten or more calendar years of service in 1999. Jim then becomes disabled in 2000. Jim has used the following number of Sickness Allowance hours over the last five years:

Year

Date Allowance
is Credited

Hours Used
Per Year

1995

1/1/95

8

1996

1/1/96

40

1997

1/1/97

16

1998

1/1/98

32

1999

1/1/99

  40  

 

 

136

Since Jim used less than 160 hours of sick time from January 1, 1995 to December 31, 1999, he would be eligible for 160 Bonus Sickness Allowance hours in 2000.

Using Your Bonus Sickness Allowance

The following chart explains how to use Bonus Sickness Allowance:

When can I use Bonus Sickness Allowance?

After you have used all of your Extended-Term Sick Leave Allowance.

What happens if my disability continues into the next calendar year?

You can continue using your Bonus Sickness Allowance until it is depleted.

What happens if I use all my Bonus Sickness Allowance?

You can elect to use any remaining Current-Term Sick Leave, vacation or holiday credits or begin to receive LTD benefits if you are still disabled.

What happens if I don’t use all of my Bonus Sickness Allowance?

Your unused Bonus Sickness Allowance remains available and will be carried over from one calendar year to the next.

How is the Bonus Sickness Allowance I use replaced?

Once you use all or part of your Bonus Sickness Allowance, it will be restored to 160 hours when you use less than 160 hours of Sickness Allowance during a new five-year period.

Coordinating Benefits with Other Disability Income

Your Sickness Allowance benefit will be reduced by the maximum benefit you are eligible to receive from California State Disability Insurance (SDI) or Workers’ Compensation.

If you are eligible for less than the maximum SDI benefit, you must provide Disability Management Services (DMS) with proof of the lesser amount. DMS will coordinate payment of Workers’ Compensation benefits.

Please see “Other Sources of Disability Income” on page 21 for a brief description of SDI and Workers’ Compensation benefits.

Using Vacation/Holiday Time as Sick Pay

If you use all your Sickness Allowance, including any Bonus Sickness Allowance, you can then use any holiday credits and available vacation allowance, including purchased vacation, for verified absences from work. If your disability lasts longer than six months and extends into the next year, you will not earn any additional vacation until you return to work.

If You Are Disabled and Continue to Work

If the Company receives medical information indicating that you are unable to perform the regular duties of your job but are capable of performing other full-time work, you may be placed in a limited-duty assignment. Limited-duty assignments are based on availability and may not exceed 90 calendar days, except for disabilities relating to pregnancy.

If limited-duty work is available, you will be required to return to work in that assignment. If you are on leave authorized by the Family Medical Leave Act, you will not be required to accept a limited-duty assignment. Refusal of a limited duty assignment, however, will mean that you will not qualify for a paid leave.

If You Become Disabled While on Vacation

If you become disabled while on vacation, you can cancel the remainder of your scheduled vacation period and use your available Sickness Allowance. You must notify your supervisor at the onset of your disability and provide medical proof as soon as possible. If you are hospitalized, you must notify your supervisor as soon as possible but not later than the day you are discharged from the hospital. If you are traveling, you must return home as soon as it is medically safe for you to travel.


Reporting Absences

To use your Sickness Allowance, you should follow these steps to report absences:

Your Situation

What You Need to Do

On your first day of absence

You must notify your supervisor or another employee designated by your supervisor to receive such information.

If you have been absent for two weeks or more

You must submit medical information to your supervisor or DMS, including the information listed on page 6. You must also submit this information when requested by the Company.

If you cannot return to work on your expected return-to-work date

You must submit a new doctor’s note explaining the extension.

If you’re requested to undergo an evaluation

You must do so with a doctor designated by the Company. This evaluation will be paid for entirely by the Company. If the Company-appointed doctor disagrees with your doctor, the Company-appointed doctor’s opinion will prevail for the purposes of determining your eligibility for Sickness Allowance.

If you choose to have a third opinion and you do not have an open Workers’ Compensation claim

You should request DMS to schedule an appointment for you. You will be examined by a doctor who is randomly selected from an approved list of doctors who have agreed to provide neutral third opinions. You must pay for the third opinion at the time of the examination. The services will not be covered by your medical plan. The third medical opinion is binding on both the employee and the Company.

If the third opinion doctor confirms your doctor’s opinion

You will be reimbursed for the cost of the evaluation and for reasonable transportation costs. You will also receive any Sickness Allowance or disability benefits for which you are eligible.

 

Important!

This medical evaluation process applies specifically to the determination
of paid Sickness Allowance and LTD eligibility, and does not pertain
to eligibility for an unpaid leave under the Family Medical Leave Act.

 


About the Disability Benefit Plan

Text Box: Did You Know?
The Company pays 
the full cost of your 
Long-Term Disability Benefit.

When Coverage Begins

Your Disability Benefit Plan coverage will automatically start on the first day of the month following 12 months of continuous active service with any of the Sempra Energy companies since the date of your hire.

If you are absent from work due to injury, sickness, temporary layoff or leave of absence, your coverage will begin on the date you return to active employment.

If your employment ends and you are rehired within 12 months, your previous work while in an eligible group will apply toward the waiting period.  All other policy provisions apply.

You will not earn credit toward continuous service while you are on layoff status. However, you will receive credit toward continuous service if you are on the following types of leave:

n       Approved personal leave for 30 days or less

n       Approved military leave

n       Family care leave or

n       Union leave.