Page 115 - 2022 Washington Nationals Flipbook

MLB LWIP & Nationals Welfare
Plans and Summary Plan Description

at any time and for any reason. The Nationals reserve the right to terminate the dental,
vision, life, disability, and flexible spending account benefits at any time and for any reason.
No amendment, termination, or partial termination of the Plan will affect claims incurred for
which items or services have been provided prior to the date of amendment, termination, or
partial termination. There are no vested benefits under the Plan. The Nationals may
withdraw from the LWIP, but if this occurs, the Nationals must wait at least 3 years to re-
enter.

Notwithstanding any other provision of the Plan, Appendix B may be amended in any way
and at any time by the Privacy Official.

SUBROGATION

General Principle

When you or your enrolled spouse or dependent child(ren) receive benefits under the Plan
that are related to medical expenses that are also payable under Workers’ Compensation, any
statute, any uninsured or underinsured motorist program, any no fault or school insurance
program, any other insurance policy or any other plan of benefits, or when related medical
expenses that arise through an act or omission of another person are paid by a third party,
whether through legal action, settlement or for any other reason, you or your spouse or your
dependent child(ren) are required to reimburse the Plan for the related benefits received out
of any funds or monies you or your dependent recovers from any third party.

Specific Requirements and Plan Rights

Because the Plan is entitled to reimbursement, the Plan will be fully subrogated to any and all
rights, recovery or causes of actions or claims that you or your spouse or dependent
child(ren) may have against any third party. The Plan is granted a specific and first right of
reimbursement from any payment, amount or recovery from a third party. This right to
reimbursement is regardless of the manner in which the recovery is structured or worded, and
even if you or your spouse or dependent child(ren) has not been paid or fully reimbursed for
all of their damages or expenses.

The Plan’s share of the recovery will not be reduced because the full damages or expenses
claimed have not been reimbursed unless the Plan agrees in writing to such reduction.
Further, the Plan’s right to subrogation or reimbursement will not be affected or reduced by
the “make whole” doctrine, the “fund” doctrine, the “common fund” doctrine,
comparative/contributory negligence, “collateral source” rule, “attorney’s fund” doctrine,
regulatory diligence or any other equitable defenses that may affect the Plan’s right to
subrogation or reimbursement.

The Plan may enforce its subrogation or reimbursement rights by requiring you or your
spouse or dependent child(ren) to assert a claim to any of the benefits to which you or your
spouse dependent child(ren) may be entitled. The Plan will not pay attorneys fees or costs
associated with the claim or lawsuit without express written authorization from the Nationals.

Page 17