ANÁLISIS CALÓRICO * IMC

Throughout this Guide, the term “spouse” is used to refer to your legally married spouse, as well as your eligible common law spouse or Domestic Partner unless Domestic Partners are addressed separately. Under current laws, a Domestic Partner is not eligible for certain health and welfare benefits under an ERISA-covered plan. We have identified where a Domestic Partner is not eligible for a certain benefit under the relevant section of this Guide.

“Common law spouses” may be eligible for benefits if you live in a state that recognizes common law

marriage and you have met the state’s common law marriage requirements. To enroll your common law spouse for benefits, you must complete and return a Common Law Marriage Recognition Request Form available online through Jetnet.

Along with the form, you must provide proof of common law marriage, as specified on the form.

Applicants for common law recognition may not be married to other persons; additionally, applicants may not be of the same gender.

Although criteria vary by state, the following guidelines usually apply:

• The couple cohabitates for a specified period of time established by the state. • The persons recognize each other as husband and wife.

• The persons hold each other out publicly as husband and wife.

A common law spouse is eligible for enrollment in Plan benefits only if your common law marriage is recognized and deemed (certified) legal by the individual state where the employee resides, and only if the employee and spouse have fulfilled the state’s requirements for common law marriage.

1 _{If you die while you and your Domestic Partner are covered under the Supplemental Medical Plan, your Domestic Partner may}

elect to continue Supplemental Medical coverage for 90 days from the date of your death at the active plan contribution rate to continue coverage. At the end of the 90-day period, coverage ends.

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“Domestic Partners” are defined by AMR as two people in a spouse-like relationship who meet all of the

following criteria:

• Are the same gender

• Reside together in the same permanent residence and have lived in a spouse-like relationship for at least six consecutive months

• Are both at least 18 years of age and are not related by blood in a degree that would bar marriage

• Are not legally married to, or the common law spouse or Domestic Partner of any other person and cannot enter into a marriage recognized as legal in all 50 states and under the laws of the United States.

• Submit a complete and valid “Declaration of Domestic Partnership” from the Domestic Partner Kit available online at Jetnet.

Domestic Partners and their eligible dependent children ARE eligible to be covered under the following benefits or Plans:

• Out-of-Area Coverage, PPO-Deductible, PPO-Copay and Minimum Coverage Options

• Dental Benefit (for active employees, their spouse or Domestic Partner, and eligible dependents) • Supplemental Medical Plan (coverage available only to employees and spouses/Domestic

Partners, however, Domestic Partner coverage is limited to 90 days following the participant’s death.)

• Vision Insurance Benefit • Accident Insurance Benefit

• Spouse Life Insurance Benefit (Domestic Partner) Domestic Partners ARE NOT eligible to participate in:

• Health Maintenance Organizations (HMOs)

• Flexible Spending Accounts (your Domestic Partner’s health care expenses may not be reimbursed from your HCFSA)

• COBRA Continuation Coverage under the Supplemental Medical Plan is not offered to surviving Domestic Partners in the event of the employee’s death. Surviving Domestic Partners can elect to continue Supplemental Medical Plan coverage (if applicable) for the 90 days immediately

following the employee’s death at the active plan contribution rate. At the end of the 90-day period, Supplemental Medical Plan coverage ends.

After reviewing the Domestic Partner Kit, if you need additional information regarding benefits and privileges available to Domestic Partners, please contact HR Employee Services at 800-447-2000.

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Ineligibility

None of the following individuals is eligible to participate in this benefits program: • A leased employee, as defined in section 414(n) of the Internal Revenue Code;

• Any person (regardless of how such person is characterized, for wage withholding purposes or any other purpose, by the Internal Revenue Service, or any other agency, court, authority, individual or entity) who is classified, in the sole and absolute discretion of the Company as a temporary worker; this term includes any of the following former classifications:

o temporary employee o provisional employee o associate employee • An independent contractor; or • Any person:

o who is not on the Company’s salaried or hourly employee payroll (the determination of which shall be made by the Company in its sole and absolute discretion);

o who has agreed in writing that he or she is not an employee or is not otherwise eligible to participate; or

o whose compensation is reported to the Internal Revenue Service on a form other than a Form W-2, regardless of whether such person was treated as an employee for federal income tax purposes.