When any change occurs in your status such as marriage, divorce, separation, domestic partnership, dissolution of domestic partnership, birth or adoption of a child, death of an eligible dependent, or you wish to change the beneficiary of you life insurance, you must notify the Fund Chairperson, Mary Stoddard, in writing and provide her with copies of appropriate documentation.
And for College Students…
Remember to complete Dependent Student Certification forms for fall semester.
Health Care Proxy Info…
Our attorneys, Mirkin and Gordon, have prepared the following info. If you are interested in making an appointment with a lawyer, you can do so in September.
HEALTH CARE PROXY AND LIVING WILL:
ESSENTIAL HEALTH CARE PLANNING INSTRUMENTS
By: Mirkin & Gordon, P.C.
Recent events have focused interest and concern about final directives. The Union’s benefit fund has provided coverage under the legal plan for members, the member’s spouse, parents and spouse’s parents for several years. Coverage includes legal advice and assistance in the preparation of a Health Care Proxy, Living Will, Last Will and Testament and Durable Power of Attorney.
New York State recognizes that an individual’s right to refuse medical treatment is protected by the due process clause of the New York State Constitution. However, an incapacitated patient’s right to withdraw or forgo life-sustaining treatment is at jeopardy in the absence of clear and convincing evidence of the patient’s wishes in this regard.
Health Care Proxy and Living Will forms are recognized to different extents when it comes to making health care decisions on behalf of an incapacitated individual. A Health Care Proxy designates a particular individual to make those decisions while a Living Will sets forth the principal’s specific wishes regarding life-sustaining treatment.
New York State Public Health Law Article 29-C establishes standards and criteria for designating health care agents and the corresponding duties and obligations of the proxy as well as health care providers. Unfortunately, there is currently no statute which recognizes a Living Will.
Subject to limited restrictions, an individual can designate any adult as their proxy to make “any and all health care decisions on the principal’s behalf” if a doctor determines that they lack capacity to make such decisions on their own. The proxy is obligated to make health care decisions in good faith in accordance with the principal’s wishes and/or best interests. The health care provider is obligated to act according to the proxy’s directions.
A proxy’s authority presumptively encompasses life-sustaining treatment. However, health care providers are given the right to challenge a proxy’s decisions if they believe the proxy is acting in bad faith or contrary to the principal’s wishes. Absent unequivocal proof of the principal’s wishes, the Court will decide whether to implement or withhold life-sustaining treatment based upon what it believes the individual’s desires would be if faced with the situation at hand. The ideal solution to avoid having a Court impose its interpretation of an individual’s intentions is for the individual to set forth his wishes in a Living Will while he is still competent. A Court will recognize the principal’s expressed wishes and fashion an appropriate Order based thereon.
Although Health Care Proxy and Living Will forms can simply be executed before two adult witnesses, an individual should consult with an attorney to discuss the legal ramifications of executing theses documents and the significance of also having a current Last Will and Testament and Power of Attorney. Eyeglasses…
The benefit remains the same, but Raymond Opticians has offered services to members of the BTA. While the BTAWF does not endorse any business, Raymond Opticians are offering this as an option for you. Fliers about Raymond’s will be available in all the buildings.
Raymond Opticians is offering a FREE Transitions lens upgrade (light to dark lenses) to anyone who uses their benefits at Raymond Opticians over the summer ($75-$125 value). They are also offering an additional $50 off any designer frames if a patient chooses to upgrade.
Raymond’s is also willing to provide glasses for students in need. If you know of a needy student, please contact the social worker in your building.
Life insurance change….
Thanks to everyone who updated the forms! Accordingly, forms need to be updated for all members. If you have not completed the forms, please do so as soon as possible. Remember: to update, you will need the social security numbers of employee, spouse and dependent childrenand any beneficiary you want to designate.
Also, please remember that if both partners in a married couple are employed by the Brewster Central School District….Another insured employee cannot be listed as a dependent. So if you are married to a District employee, you can’t list each other as dependents.Also, no person may be considered a dependent of more than one employee. In other words, children can be listed as dependents by only one parent if both parents are employed by the BCSD.
Have a great summer! Enjoy your benefits! Changes to the Board of Trustees—Many thanks to Kathy Turner for her leadership and diligent work for our fund. We congratulate her on her retirement—she will be missed. Mary Stoddard will be replacing Kathy as the chairperson. We are in need of a seventh trustee. Please think about giving your time and supporting your colleagues by serving as a trustee. Contact Mary Stoddard with any questions or to express your interest.
Reminders
· Forms must be filed for dependent college students each semester. Completed forms should be sent to PGP. These forms may be downloaded from the website.
· Summer wedding? Dissolution (of same)? New baby? Returning from a leave of absence? MAKE SURE to update your membership by contacting Mary Stoddard at mstoddard@brewsterschools.org
Have a wonderful, relaxing, and healthy summer
Good News: Flex Increases for 2009:
The Board of Directors is pleased to announce that the Welfare Fund is able to increase its Flex Benefit for 2009. It has been raised to $400.00. This will go into effect for your 2009 medical and other flex expenditures. We have announced this change in benefits now so that members can make informed decisions regarding their 125 Plan sent by Mary Carroll from the District Office.New Forms on the WayWe will be reprinting an updated Benefits at a Glance form soon and putting a copy in your mailbox. Please look for that form and replace it in your Welfare Fund Binder. It will reflect our 2009 benefits.We are also going to reprint the Welfare Fund Multi-Claim Form and put one each of your mailboxes. These forms will also be available in each building and online at our BTA web site: under MULTIFORM
Legal and Financial ConsultationsAppointments are scheduled for these services on the first Thursday of every month. Contact Deb Elk to make an appointment. As most of our appointment slots are used, please be diligent about keeping your appointments. If you need to cancel, contact Deb as soon as possible. You may also contact her by phone on an emergency basis only at 279-4018 ext.123. This is the classroom phone.
Change of Status
When any change occurs in your status such as marriage, divorce, separation, domestic partnership, dissolution of domestic partnership, birth or adoption of a child, death of an eligible dependent, or you wish to change the beneficiary of you life insurance, you must notify the Fund Chairperson, Kathy Turner, in writing and provide her with copies of appropriate documentation. College Students: Remember to complete Dependent Student Certification forms for second semester.
Announcement
Online Legal HelpYou can access legal services information from a new website created by Westchester-Putnam Teachers Legal Services Fund at www.teacherslegalfund.com. There is also a link from that site to our BTA web page.A Prenuptial Agreement Benefit has recently been added to our legal services.
