66 Motor Vehicle No - Fault Coverage Required b y Law If you, your Spouse, or your Eligible Dependent Child are involved in a motor vehicle accident and you have, or are required by state law to have, basic reparation coverage, your insurance carrier will be primarily liable for lost wages, medical, surgical, hospital, and related charges. Regardless of whether the Plan described in this SPD is Primary or Secondary, you, your Spouse, or your Eligible Dependent Child (if an adult) may be required to sign a Reimbursement Agreement and Consent to Lien before any claims relating to the accident will be paid by the Plan. The Reimbursement Agreement permits the Fund to receive reimbursement for expenses paid by the Fund that you recover through litigation or settlement with another party or insurance compa ny. Rules to Determine Payment Group plans determine which plan pays first by applying Uniform Order of Benefit Determination rules in a specific sequence. This Plan uses the Order of Benefit Determination rules established by the National Association of I nsurance Commissioners (NAIC), and which are commonly used by insured and self - insured plans. Any group plan that does not use these rules will be deemed by this Fund to be the Primary plan. Under the rules set forth below, if the first rule does not estab lish a sequence or order of benefits, the next rule is applied and so on, until an order of benefits is established. The rules are: Rule 1: No Coordination of Benefit Provision If your other plan does not have a Coordination of Benefits provision which coo rdinates Benefits, th at Plan will always be the Primary Plan. Rule 2: Coverage as a Subscriber and as a Dependent If you are covered under one plan as a subscriber and under the other plan as a dependent, the plan which covers you as a subscriber will be P rimary. Rule 3: Dependent Child Covered Under More Than One Plan If you are covered as a dependent under two plans, then the rules are as follows: • The coverage of the parents whose birthday is first in the year will be primary and the parent whose birthday is later in the year will be secondary. The word birthday refers only to the month and day in a calendar year; not the year in which the person was born. • If both parents have the same birthday, the benefits of the plan in effect longer will be primary; • If the other plan does not have this rule, but instead has a rule based upon the parents’ gender; and if as a result, the plans do not agree on the order of benefits, then the rule in the other plan will determine the order of pa yment for the claimed benefit s. Rule 4: For a Child of Separated or Divorced Parents: • If the terms of a court decree specify which parent is responsible for the health care coverage and expenses of the child, and that parent’s plan has actual knowledge of the Court Order, then that pa rent’s plan shall be primary. • If no such court decree exists, or if the plan of the parent designated under such a court decree as responsible for the child’s health care coverage and expenses does not have actual knowledge of the court decree, benefits fo r the child are determined in the following order: − First, the plan of the parent with custody of the child; − Then, the plan of the Spouse of the parent with custody of the child; − Finally, the plan of the parent not having custody of the child.

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