Rules for Benefit Offsets
Lump Sum Payments
When you negotiate a lump sum settlement under any act or law referred to in this Benefit Offset provision, we will divide the lump sum settlement by the lesser of the schedule under state law or the remaining number of months under the Maximum Benefit Period.
See Pension Plans, Retirement Plans, and Retirement Benefits in Definitions in Section III - Defined Terms for further information.
Pending Benefit Offsets
During the period between the date you apply for Social Security benefits and the date such benefits are actually granted or denied, you must select one of the following options:
- elect to have the LTD Monthly Benefit Amount reduced by an estimate of your expected Social Security benefit; or
- elect to have no reduction made until the date Social Security benefits are actually granted.
If you elect option 1, your LTD Monthly Benefit Amount will be adjusted after Social Security benefits are determined.
If you elect option 2, you must sign an agreement promising to repay any overpayment caused by Social Security benefits being paid. This overpayment must be reimbursed to us on the date Social Security benefits are actually paid.
If benefits are denied under the Social Security Act, Railroad Retirement Act, or any plan or act of like intent of a foreign nation, you must file for a request for reconsideration. If denied again, you must request a hearing before an Administrative Law Judge unless waived in writing by us.
Your LTD Monthly Benefit Amount will be adjusted as if you had elected option 1 when you do not:
- elect one of the above options;
- file a request for reconsideration; or
- request a hearing before an Administrative Law Judge.
Overpayment of Claims
If after having made one or more payments under the Policy, we find that the amount of benefits or payments from other sources that we should have considered in computing the amount of your claim is greater or less than what was considered, we will adjust claim payments in the following manner:
- if we have underpaid benefits, we will pay the amount necessary to adjust the total payments to the amount that we should have paid; or
- if we have overpaid benefits, the overpayment must be refunded to us by you.
We may reduce or eliminate future payments instead of requiring repayment in one sum. The Minimum LTD Monthly Benefit will not be paid while the overpayment is being repaid.
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