UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

WILLARD L. SLOAN, EUGENE J.

WINNINGHAM, and JAMES L. KELLEY, 

on behalf of themselves and a similarly 

situated class, Case No. 09-cv-10918

Hon. Paul D. Borman

Plaintiffs, Magistrate Mona K. Majzoub

v. Class Action

BORGWARNER, INC., BORGWARNER 

FLEXIBLE BENEFITS PLANS and

BORGWARNER DIVERSIFIED 

TRANSMISSION PRODUCTS, INC.,

Defendants.

_____________________________________________________________________________/

EXHIBIT 10 

TO 

PLAINTIFFS’ MOTION 

FOR SUMMARY JUDGMENT

AS TO LIABILITY

2:09-cv-10918-PDB-MKM Doc # 103-10 Filed 05/14/12 Pg 1 of 3 Pg ID 5285
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Excerpts from the "Agreement on Insurance's and Pensions" 

11/28/00 (Contract effective 3/1212001) 

Health Insurance: 

Agreed to provide CIGNA information online as soon as it is available. 

Effective April 1, 2001 agreed to eliminate age restrictions on cosmetic surgery. 

This should be handled like the "Salaried Plan language" per 

George TurcI,Ynowsky & given to the Union: 

Resolullon 10 Ihe item during Ihe 2000 Health Insurance Agreement Negotiations 

dealing with the subject oj Corrective COSI/Ielie Surgery. 

Under the current Health Insurance Agreement (see page 46 01 the 3/12/1995 

Bo"klel {latest printed}, SECTION II, 3. Correetive Cosmelie Surgery, 

SUBSECTION (a.) limited the bemifitlor (:orrective Cosmetic Surgery as 

follows: 

.. , ..... 

Q. cOllgenital anoma1ie.~ while the individual is less than 12 

years of age unless medical necessity for delaying the procedure is 

clearly established,' or 

b. conditions resultingfrom accidental injuries or traumatic 

scars. " 

The new language 10 replace II (from the current Salaried Group 

Insurance Booklet page 33) would read: 

3. Cosmetic Surgery: A benefit will be paid pursuant to the 

provisions of Exhibit A, Section II C 2 above, for cosmetic surgical 

procedures provided the slIrgery is for the correction of' 

Cosmetic Surgery (Benefits will be paid for reconstructive surgery 

when Medically Necessary to co"ect a deformity resultingfrom or 

directly related to a congenital anomaly, or when performed to 

co"ect a serious disfiguring condition resulting from either 

accidental injury or surgery.) 

Effective April!, 2001 agreed to increase lifetime maximum mental health 

ontpatient visits to 60. 

Was 40 before! 

Effective Aprill, 2001 agreed'to increase Major Medical Lifetime maximum to 

$1.2 million 

Tflis was $1.0 million before! 

II! EXHIBIT 

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DTP021906 

2:09-cv-10918-PDB-MKM Doc # 103-10 Filed 05/14/12 Pg 2 of 3 Pg ID 5286
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Increase Deductibles/Stop Losses 5%/year beginning in 2003 

Deductible - Deductible - Deductible - Stop-Loss - Stop-Loss -

Individual Employee & Family Individual 

Spouse (3 people) 

2000 $185 $369 $554 $886 

2001 $194 $388 $582 $931 

2002 $204 $407 $611 $977 

2003 $214 $428 $641 $1,026 

2004 $224 $449 $673 $1,078 

2005· $236 $471 $707 $1,131 

A New PPO plan will be applicable for New Hire.~ (ba.dcally similar to current 

Salaried PPO Plan, but different Deductibles & Stop-Loss amounts. It also features 

progression on deductibles and stop losses. Will send details later. 

There are also changes to the Life & AD&D for Active employees over the term of 

the live year Agreement • 

Family 

$1,773 

$1,862 

$1,955 

$2,052 

$2,155 

$2,263 

DTP021907 

2:09-cv-10918-PDB-MKM Doc # 103-10 Filed 05/14/12 Pg 3 of 3 Pg ID 5287