The Equity-League Health Trust Fund, the “Fund” provides a Supplemental Workers’ Compensation Plan (SWCP). The benefits, formerly known as Salary Continuance Benefits, are available to performers who are injured on the job and lose time and salary as a result. To qualify, you must apply for and be eligible for Workers’ Compensation. You must also be working under a Collective Bargaining Agreement with Actors’ Equity providing for Supplemental Workers’ Compensation contributions to the Health Fund. If you qualify, the Fund provides compensation in addition to Workers’ Compensation benefits. Members who are injured while performing in extraordinary risk capacity shall be designated as Class II Category members. All others shall be designated as Class I Category members - See below for a detailed description. The benefit is self-insured and self-administered.

Exceptions

Not covered is loss of time: (1) caused by an attempt at suicide, while sane or insane, (2) resulting from an act of declared or undeclared war or (3) resulting from air travel unless the performer is traveling as a passenger (and not as a pilot or crew member) during necessary travel time.

More specific plan provisions are detailed in the Health Fund’s Summary Plan Description health_spd.html

How to Apply:

The claims process is explained separately and in detail in the Actors' Equity Association "Work-Related Injury Checklist" (the “Checklist”). In summary, you must take the following steps to apply for benefits:

• Immediately report the work related injury or illness to the Stage Manager,
  
• Obtain claim forms for Supplemental Workers' Compensation Plan benefits from any Actors' Equity office or the Fund Office,
  
• Obtain from your employer the name and address of the Workers' Compensation Insurance carrier,
  
• Provide your physician with the name of your employer's Workers' Compensation carrier,
  
• DO NOT USE YOUR PERSONAL HEALTH INSURANCE COVERAGE FOR THE TREATMENT OF WORK RELATED INJURIES OR ILLNESSES,
  
• Submit to Actors' Equity your claim forms after you and your attending physician complete them,
  
• Provide to Actors' Equity copies of any and all benefit checks and accompanying explanation paid to you by the Workers' Compensation carrier.
  
• PLEASE NOTE THAT CLAIMS FOR SUPPLEMENTAL WORKERS' COMPENSATION BENEFITS MUST BE FILED WITHIN 12 MONTHS FROM THE DATE OF THE WORKERS' COMPENSATION AWARD.
  

IMPORTANT

Be sure that YOUR EMPLOYER completes an Accident or Workers' Compensation report form, if you are injured while working (i.e., rehearsing, performing, etc.) and that you obtain the name and address of the insurance company carrying the Employer's Workers' Compensation policy, or the name and address of their insurance broker. Time and salary loss may not occur, but a record of the injury or sickness should be on file in your employer's place of business since you must know where bills and reports are to be sent should you need medical attention at a later date.

If you lose time and salary as a result of the accident, a Workers' Compensation claim is entered by your employer reporting the injury and your doctor who submits medical evidence of disability to the Employer's insurance company to be matched up with the report.

Claims for supplemental benefit under the Supplemental Workers' Compensation Plan must be filed by you through Actors' Equity Association. Necessary claim forms may be obtained from any Actors' Equity office or from the Fund Office. Also, be sure to keep your own record of the place, time and date of the accident or injury.

Amount of Benefit:

Class I Category - Ordinary Risk

The Fund will pay you the lesser of 75% of your weekly salary or 56 ¼ % of the current Production Contract minimum weekly salary in effect at the time of your injury (less any amount you are receiving from Workers’ Compensation or other Occupational Disease Laws). The Fund will not pay you more than 56¼ % of the Production Contract minimum salary in effect at the time of your injury (including the amounts you are receiving from Workers’ Compensation or other Occupational Disease Laws).

For example, a performer was earning $1,000 per week and after an injury was receiving $550 per week from Workers’ Compensation. The performer could receive up to $750 from the Supplemental Workers’ Compensation Plan and Workers’ Compensation combined, or $200 from the Supplemental Workers Compensation Plan. ($750 is below 56¼ % of the Production Contract minimum for this example; the Production Contract minimum salary is currently $1,653; 56¼ % is $929.81, so the performer will receive the full 75% of salary).

Class II Category - Extraordinary Risk

"Extraordinary Risk" means: (a) performance of acrobatic feats; (b) suspension from a trapeze or wires or like devices; (c) use of or exposure to weapons or to fire or pyrotechnic devices; (d) taking dangerous leaps, falls, throws, catches, knee drops or slides; or (e) any other activity, feat or device which, in accord with your contract, is classified as Extraordinary Risk.

If you are injured while performing an extraordinary risk, as defined under the Health Plan, the Fund will pay you the lesser of 100% of your weekly salary, or 75% of the current Production Contract minimum weekly salary in effect at the time of your injury (less any amount you are receiving from Workers’ Compensation or other Occupational Disease Laws) until the date the Season or Show closes. Thereafter, the Fund will not pay you more than 56 ¼% of the Production Contract minimum salary in effect at the time of your injury (including the amounts you are receiving from Workers’ Compensation or other Occupational Disease Laws).

For example, a performer was earning $1,000 per week and after an injury was receiving $550 per week from Workers’ Compensation. The performer could receive up to $1,000 from the Supplemental Workers’ Compensation Plan and Workers’ Compensation combined, or $450 from the Supplemental Workers Compensation Plan. ($1,000 is below 75% of the Production Contract minimum for this example; the Production Contract minimum salary is currently $1,653; 75% is $1,239.75, so the performer will receive the full 100% of salary).

After the date the Season or Show closes, the Fund will pay you the lesser of 75% of your weekly salary, or 56 ¼ % of the Production Contract minimum salary in effect at the time of your injury (less any amount you are receiving from Workers’ Compensation or other occupational disease laws).

Based on this same example, once the Season or Show closes, the Supplemental Workers’ Compensation Benefit would be paid in the amount $200. This is based on the weekly salary being reduced to $750 (75% of $1,000) minus the $550.00 weekly amount earned under Workers’ Compensation.

HOW LONG ARE BENEFITS PAID:

Benefits are paid for up to two years as long as you remain eligible for Workers’ Compensation. After two years, you are eligible for continued benefits up to three more years (for a total of five years), only if the Trustees determine that you are unable to work in any occupation for which you are reasonably qualified.

Tax Information:

Since the Supplemental Workers’ Compensation Plan benefit is taxable and subject to voluntary federal income tax withholding, you will be given a form W-4S (Request For Federal Income Tax Withholding From Sick Pay). You may select or decline voluntary federal tax withholding on benefits paid. Regarding state tax withholding, please contact the Fund Office. The benefit is subject to Social Security and Medicare (FICA) taxes for the first six months of the benefit. The employee’s share of FICA will be deducted from your payment. For tax reporting purposes, at year-end all recipients of Supplemental Workers’ Compensation Plan benefits will receive a form W-2 from the Fund Office.

If you have any questions about these new procedures, please contact the Fund Office.