The eligibility and enrollment rules for the U

Retiree Health Care SPD Effective January 1, 2012
exercise of its sole and complete discretion has agreed in writing to pay all or some portion of
fees or costs. The common fund doctrine or attorneys’ fund doctrine shall not govern the
allocation of attorney's fees incurred by you or your dependents in connection with any claim or
lawsuit against any other party and no portion of such fees or costs shall be an offset against the
Plan’s right to reimbursement without the express written consent of the Claims Administrator.
The Plan Administrator may delegate any or all functions or decisions it may have under this
Reimbursement and Subrogation section to the Claims Administrator.
What May Happen to Your Future Benefits. If you or your dependent(s) obtain a settlement,
judgment, or other recovery from any person or entity, including your own automobile or
liability carrier, without first reimbursing the Plan, the Plan, in the exercise of its sole and
complete discretion, may determine that you, your dependents, your attorneys or other
representatives have failed to cooperate with the Plan’s subrogation and reimbursement efforts.
If the Plan determines that you have failed to cooperate the Plan may decline to pay for any
additional care or treatment for you or your dependent(s) until the Plan is reimbursed in
accordance with the Plan terms or until the additional care or treatment exceeds any amounts that
you or your dependent(s) recover. This right to offset will not be limited to benefits for the
insured person or to treatment related to the injury, but will apply to all benefits otherwise
payable under the Plan for you and your dependents.
Interpretation. In the event that any claim is made that any part of this subrogation and right of
recovery provision is ambiguous or questions arise concerning the meaning or intent of any of its
terms, the Claims Administrator shall have the sole authority and discretion to resolve all
disputes regarding the interpretation of this provision.
Plan Administrator and Plan Sponsor
U.S. Bancorp is the Plan Administrator and Plan Sponsor of the plans and will make
determinations that may be required from time to time in the administration of the plans.
U.S. Bancorp (or the Claims Administrator, to the extent the claims procedure for a benefit
option indicates authority has been delegated to the Claims Administrator or independent review
organization) will have the sole authority, discretion and responsibility to interpret and apply the
terms of the plans and to determine all factual and legal questions under the plans, including
eligibility and entitlement to benefits. Benefits under any plan, Program or option will be paid
only if the Plan Administrator (or the person or entity to whom it has delegated authority)
decides in its discretion that the claimant is entitled to them. Except as noted below for insured
benefits, U.S. Bancorp is also responsible for answering questions about the plans. The address
is:
U.S. Bank – EP-MN-R2BN
Benefits Administration
4000 West Broadway
Robbinsdale, MN 55422-2299
Although U.S. Bank is ultimately accountable for the plans, a third party provides administration
and customer service. For general benefits assistance and information (such as eligibility and
change of address), call the U.S. Bank Employee Service Center at 1-800-806-7009. Specific
coverage and claim-related questions may be better addressed by calling the appropriate
customer service phone numbers listed in the “Important Resources” section of this SPD.
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