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Wynn Resorts Limited Wrap Benefit Plan Summary Plan Description As Amended and Restated January 1, 2016 Wynn Resorts, Limited maintains the Wynn Resorts, Limited Wrap Benefit Plan for the exclusive benefit of its’ eligible employees and their eligible dependents. 1. General Plan Information a. Plan Name: Wynn Resorts Limited Wrap Benefit Plan b. Type of Plan: Group Welfare Benefit Plan c. Plan Year: January 1- December 31 d. Plan Number: 501 e. Effective Date: January 1, 2016 f. Standard Measurement Period: November 2 – November 1 g. Initial Measurement Period: 12 consecutive months beginning first of the month following date of hire h. Affordability Safe Harbor: Federal Poverty Level (FPL) i. Funding Medium and Type of Plan Administration. This plan is fully-insured. Benefits are provided under group insurance contracts entered into by Wynn Resorts Limited and Sierra, HPN, UHC, UNUM and TransAmerica. Sierra, HPN, UHC, UNUM, TransAmerica, and Wynn Resorts Limited. share responsibility for administering the terms of the plan. Sierra, HPN, UHC, UNUM and TransAmerica are responsible for processing and paying benefit claims and for handling appeals of denied claims. The Plan is funded through insurance premiums. The insurance premiums for employees and their eligible dependents are paid in part by the Plan Sponsor out of its’ general assets, and in part by employees’ payroll deductions, according to the attached Addendum A monthly schedule. This document, together with the most recent Certificates of Coverage, Schedule of Cost Sharing, Benefit Riders and Provider Directory(ies) issued to you by Sierra, HPN, UHC, UNUM and TransAmerica (collectively referred to in this document as the “Certificate of Coverage”), will constitute your ERISA Summary Plan Description. For copies of these additional documents please contact the Plan Administrator or the appropriate insurance company.

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Page 1: Wynn Resorts Limited Wrap Benefit Plan Summary Plan ... · Wynn Resorts Limited Wrap Benefit Plan Summary Plan Description ... Wynn Resorts, Limited maintains ... Dental, Vision,

Wynn Resorts Limited Wrap Benefit Plan Summary Plan Description

As Amended and Restated January 1, 2016

Wynn Resorts, Limited maintains the Wynn Resorts, Limited Wrap Benefit Plan for the exclusive benefit of its’ eligible employees and their eligible dependents. 1. General Plan Information

a. Plan Name: Wynn Resorts Limited Wrap Benefit Plan

b. Type of Plan: Group Welfare Benefit Plan

c. Plan Year: January 1- December 31

d. Plan Number: 501

e. Effective Date: January 1, 2016

f. Standard

Measurement Period: November 2 – November 1

g. Initial

Measurement Period: 12 consecutive months beginning first of

the month following date of hire

h. Affordability Safe Harbor: Federal Poverty Level (FPL)

i. Funding Medium and Type of Plan Administration. This plan is fully-insured. Benefits are provided under group insurance contracts entered into by Wynn Resorts Limited and Sierra, HPN, UHC, UNUM and TransAmerica. Sierra, HPN, UHC, UNUM, TransAmerica, and Wynn Resorts Limited. share responsibility for administering the terms of the plan. Sierra, HPN, UHC, UNUM and TransAmerica are responsible for processing and paying benefit claims and for handling appeals of denied claims. The Plan is funded through insurance premiums. The insurance premiums for employees and their eligible dependents are paid in part by the Plan Sponsor out of its’ general assets, and in part by employees’ payroll deductions, according to the attached Addendum A monthly schedule.

This document, together with the most recent Certificates of Coverage, Schedule of Cost Sharing, Benefit Riders and Provider Directory(ies) issued to you by Sierra, HPN, UHC, UNUM and TransAmerica (collectively referred to in this document as the “Certificate of Coverage”), will constitute your ERISA Summary Plan Description. For copies of these additional documents please contact the Plan Administrator or the appropriate insurance company.

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j. Plan Sponsor: Wynn Resorts Limited 3131 Las Vegas Blvd South Las Vegas, NV 89109 (702) 770-2601

k. Plan Sponsor’s

Tax ID Number: 46-0484987

l. Insurance Company(ies): Sierra Health and Life Insurance Company

P. O. Box 15645 Las Vegas, NV 8914-5645 (702) 242-3060 or (866) 582-9101 www.sierrahealthandlife.com

Health Plan of Nevada (“HPN”) P. O. Box 15645 Las Vegas, NV 89114-5645 (702) 242-7300 or (800) 777-1840 www.healthplanofnevada.com

United Healthcare Insurance Company (“UHC”) 185 Asylum Street Hartford, CT 06103-3408 (800)585-6586 www.myuhcdental.com

UNUM 1 Fountain square Chattanooga, TN 37402-1330 (866)679-3054

www.unum.com

TransAmerica 1400 Centerview Drive Little Rock, AR 72211 (888)763-7474 www.transamerica.com

m. Plan Administrator: Wynn Resorts, Limited Las Vegas Blvd South Las Vegas, NV 89107 (720) 770-2601

n. Named Fiduciary & Agent for Service of Legal Process: General Counsel Wynn Resorts, Limited 3131 Las Vegas Boulevard South Las Vegas, NV 89109

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o. Affiliated Companies: Las Vegas Jet, LLC 88-0460935 Rambas Marketing Co., LLC 88-0463149 Wynn Design & Development LLC 88-0462235 Wynn Las Vegas, LLC 88-0494875 Wynn Show Performers, LLC 20-0475541 Wynn Resorts Development LLC 36-4749434 Wynn MA 45-2497955 Employees of Worldwide Wynn LLC, EIN 88-0473653 are expressly not eligible to participate in Wynn Resorts Limited Wrap Benefits Plan.

2. Eligibility and Participation Requirements and Provisions

a. Employee Eligibility: full-time employees regularly scheduled to work at least 30 hours per

week; part-time, seasonal, temporary and steady extra employees who have

completed either a Standard Measurement Period or an Initial Measurement Period during which they worked on average 30 hours per week; and

b. Waiting Period Employee: The “full-time” employees’ entry date will be the 90th day from their

date of hire. The part-time, seasonal, temporary and steady extra employees’ entry

date will be the first day of the month following the applicable Administrative Period.

c. Plan Eligibility: Full-time employees are eligible to participate in any of the available

Medical, Dental, Vision, STD, LTD, Life, or voluntary worksite products offered by the Plan Sponsor after a waiting period of 89 days

Part-time, seasonal, temporary and steady extra employees are eligible to participate in the Base Medical plan or the voluntary worksite products offered by the Plan Sponsor the first day of the month following the applicable Administrative Period.

Full-time employees who transfer to part-time, seasonal, temporary or steady extra status will remain through their Stability Period on the plans in which they are currently participating. At the end of the Stability Period, if the part-time, seasonal, temporary or steady extra employees has worked on average 30 hours per week during the current Standard Measurement Period, they will be eligible to enroll in the Base Medical plan and/or voluntary worksite benefits for the upcoming Stability Period.

d. Spouse and Dependent eligibility: For the full-time employees the eligible dependents include: legally married spouse, natural children to age 26, legally adopted children to age 26, stepchildren to age 26, child(ren) for whom you are the court-appointed guardian to age 26, children of any age that are totally disabled due to a physical or mental handicap. For the eligible part-time, seasonal, temporary or steady extra employee eligible dependents include: , natural children to age 26, legally adopted children to age 26, stepchildren to age 26, child(ren) for whom you are the court-appointed guardian to age 26,

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children of any age that are totally disabled due to a physical or mental handicap.

e. Application form: If eligible, you must complete an application form to enroll in the Plan(s) (available from your Human Resources Department) or otherwise comply with your Employers’ enrollment procedures.

f. Special Enrollment Rights: In certain circumstances, enrollment may occur outside the Open Enrollment period. See the Special Enrollment in the Certificate of Coverage. The Plan’s special enrollment rights notice also contains important information about the special enrollment rights that you may have, a copy of this form was furnished to you at Open Enrollment. Contact the Human Resources Department of for an additional copy.

g. Termination of Coverage: Coverage shall terminate if you no longer meet the eligibility requirements. Coverage may also terminate if you fail to pay your share of the premium, if your hours drop below the required eligibility time threshold, etc. (See the Certificate of Coverage for more information.) Coverage for your spouse, and dependents stops when your coverage stops. That coverage may also stop for other reasons specified in the Certificate of Coverage.

h. Extension of Coverage: Family and Medical Leave Act If the Family Medical Leave Act (FMLA) applies to your Employer and you qualify for an approved family or medical leave of absence (as defined in the FMLA), eligibility may continue for the duration of the leave if required contributions are paid toward the cost of the coverage. Your Employer has the responsibility to provide you with prior written notice of the terms and conditions under which payment must be made. Failure to make payment within 30 days of the due date established by your Employer will result in the termination of coverage. Subject to certain exceptions, if you fail to return to work after the leave of absence, your Employer has the right to recover from you any contributions toward the cost of coverage made on your behalf during the leave, as outlined in the FMLA.

If coverage is terminated for failure to make payments while you are on an approved family or medical leave of absence, coverage for you, your spouse, and your eligible dependents will be automatically reinstated on the first date of the month following your return to employment if you and your dependents are otherwise eligible under the plan. Any waiting period for pre-existing conditions or other waiting periods will not apply. However, all accumulated annual and lifetime maximums will apply.

If you do not return to work at the end of an FMLA leave, you may be entitled to elect COBRA Continuation Coverage, even if you were not covered under the Plan during the leave. Coverage continued under this provision is in addition to coverage described below under the section entitled “Continuation Coverage (COBRA).”

The Plan intends to comply with all existing FMLA regulations. If for some reason the information presented differs from actual FMLA regulations, the Plan reserves the right to administer the FMLA in accordance with such actual regulations.

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Qualified Medical Child Support Orders The Plan Administrator will adhere to the terms of any qualified judgment, decree or court orders which: Relates to the provision of child support related to health care coverage

made pursuant to a state domestic relations law for a child of a Participant of a group health plan

Such order must create or recognize the right of an alternate recipient or assign to an alternate recipient the right to receive benefits under the group health plan of which the Participant is entitled to receive benefits.

The Plan Administrator will promptly notify the Participant and alternate recipient of the Plan’s procedures for determining the qualified status of the medical child support order. A Participant or beneficiary may request a copy of the Plan’s procedures and the Plan Administrator will provide a copy of these procedures free of charge. Within 30 days of receipt of a medical child support order, the Plan Administrator will determine whether such order is a qualified medical child support order and will notify the Participant and alternate recipient of that determination. If the Participant or affected alternate recipient objects to the determinations of the Plan Administrator, that party will be treated as a claimant and the claims procedure of the Plan will be followed. The Plan Administrator may bring an action for a declaratory judgment in a court of competent jurisdiction to determine the proper recipient of the benefits to be paid by the Plan. A Qualified Medical Child Support Order (QMCSO) must clearly specify the name and last known mailing address of the Participant, name and address of each alternate recipient covered by the order, a description of the coverage to be provided by the group health plan or the manner in which each coverage is to be determined, the period of time the coverage must be provided and each plan to which such order applies. A QMCSO will not require the Plan to provide any type of benefit, or any option, that is not already offered except as necessary to meet the requirements of a state medical child support law described in Section 1908 of Social Security Act as added by Section 13822 of the Omnibus Reconciliation Act of 1993 (OBRA 93). Upon determination of a Qualified Medical Child Support Order, the Plan must recognize the QMCSO by providing benefits for the Participant’s child in accordance with such order and must permit the parent to enroll under the family coverage any such child who is otherwise eligible for coverage without regard to any enrollment time period restrictions. Military Leave Coverage The Uniformed Services Employment and Reemployment Rights Act (USERRA) establish requirements that employers must meet for certain employees who are involved in the uniformed services.

As used in this provision, “Uniformed Services” means: • The Armed Forces;

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• The Army National Guard and the Air National Guard when engaged in active duty for training, inactive duty training, or full-time National Guard duty (pursuant to orders issued under federal law);

• The commissioned corps of the Public Health Service; and • Any other category of persons designated by the President in time of

war or national emergency. As used in this provision, “Service in the Uniformed Services” or “Service” means the performance of a duty on a voluntary or involuntary basis in a Uniformed Service under competent authority and includes: • Active duty; • Active duty for training; • Initial active duty training; • Inactive duty training; • Full-time National Guard duty, • A period for which you are absent from your job for purpose of an

examination to determine your fitness to perform any such duties; • A period for which you are absent from your job for the purpose of

performing certain funeral honors duty; and • Certain service by intermittent disaster response appointees of the

National Disaster Medical System (NDMS).

If you were covered under this Plan immediately prior to taking a leave for Service in the Uniformed Services, you may elect to continue your coverage under USERRA for up to 24 months from the date your leave for uniformed service began, if you pay your required contributions toward the cost of the coverage during the leave. This USERRA continuation coverage will end earlier if one of the following events takes place:

1) You fail to make a premium payment within the required time; 2) You fail to report to work or to apply for reemployment within the time

period required by USERRA following the completion of your service; or

3) You lose your rights under USERRA, for example, as a result of a dishonorable discharge.

If the leave is 30 days or less, your contribution amount will be the same as for active employees. If the leave is longer than 30 days, the required contribution will not exceed 102% of the cost of coverage. Coverage continued under this provision runs concurrently with coverage described below under the section entitled “COBRA Continuation Coverage.”

If your coverage under the Plan terminated because of your Service in the Uniformed Services, your coverage will be reinstated on the first day you return to employment if you are released under honorable conditions and you return to employment within the time period(s) required by USERRA.

When coverage under this Plan is reinstated, all of the Plan’s provisions and limitations will apply to the extent that they would have applied if you had not taken military leave and your coverage had been continuous. This waiver of limitations does not provide coverage for any illness or injury caused or

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aggravated by your military service, as determined by the VA. (For complete information regarding your rights under USERRA, contact your Employer.)

The Plan intends to comply with all existing regulations of USERRA. If for some reason the information presented in the Plan differs from the actual regulations of USERRA, the Plan reserves the right to administer the plan in accordance with such actual regulations.

COBRA Continuation Coverage COBRA Continuation Coverage is a continuation of Plan coverage when coverage would otherwise end because of a life event known as a “qualifying event.” The following are qualifying events:

• Termination of your employment for any reason except gross

misconduct. • A reduction in your hours. Coverage may continue for you and/or your

eligible dependents; • Your death. Coverage may continue for your eligible dependents; • Your divorce or legal separation. Coverage may continue for your

eligible dependents; • Your becoming entitled to Medicare. Coverage may continue for your

eligible dependents; and • Your covered dependent child’s ceasing to be a dependent child under

the Plan. Coverage may continue for that dependent. Note: To choose this continuation coverage, an individual must be covered under the Plan on the day before the qualifying event. In addition, your newborn child or child placed for adoption with you during a period of continuation coverage will remain eligible for continuation coverage for the remaining period of coverage even if you and/or your spouse terminates continuation coverage following the child’s birth or placement for adoption.

Notification Requirements Under the law, you or the applicable dependent has the responsibility to inform the Plan Administrator, in writing, within 60 days of a divorce or legal separation or of a child losing dependent status under the Plan. Failure to provide this written notification within 60 days will result in the loss of continuation coverage rights.

Your Employer has the responsibility to notify the Plan Administrator of your death, termination of employment, reduction in hours, or entitlement to Medicare within 30 days of the qualifying event.

Subject to the Plan Administrator being informed in a timely manner of the qualifying events described in the above paragraphs, the Plan will promptly notify you and other qualifying individual(s) of their continuation coverage rights. You and any applicable dependents must elect continuation coverage within 60 days after Plan coverage would otherwise end, or, if later, within 60 days of the notice of continuation coverage rights. Failure to elect continuation coverage within this 60-day period will result in loss of continuation coverage rights.

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Trade Act of 2002 If you qualify for Trade Adjustment Assistance (TAA) as defined by the Trade Act of 2002, they you will be provided with an additional 60 day enrollment period, with continuation coverage beginning on the date of such TAA approval.

Notice of Unavailability of Continuation Coverage If the Plan Administrator receives a notice of a qualifying event from you or your dependent and determines that the individual (you or your dependent) is not entitled to continuation coverage, the Plan Administrator will provide to the individual an explanation as to why the individual is not entitled to continuation coverage. This notice will be provided within the same time frame that the Plan Administrator would have provided the notice of right to elect continuation coverage. Maximum Period of Continuation Coverage The maximum period of continuation coverage is 36 months from the date of the qualifying event, unless the qualifying event is your termination of employment or reduction in hours. In that case, the maximum period of continuation coverage is generally 18 months from the date of the qualifying event.

However, if a qualifying individual is disabled (as determined under the Social Security Act) at the time of your termination or reduction in hours or becomes disabled at any time during the first 60 days of continuation coverage, continuation coverage for the qualifying individual and any non-disabled eligible dependents who are also entitled to continuation coverage may be extended to 29 months provided the qualifying individual or dependent, if applicable, notifies the Plan Administrator in writing within the 18-month continuation coverage period and within 60 days after receiving notification of determination of disability.

If a second qualifying event occurs (for example, your death or divorce) during the 18- or 29-month coverage period resulting from your termination of employment or reduction in hours, the maximum period of coverage will be computed from the date of the first qualifying event, but will be extended to the full 36 months if required by the subsequent qualifying event.

A special rule applies if the qualifying individual is your spouse or dependent child whose qualifying event was the termination or reduction in hours of your employment and you became entitled to Medicare within 18 months before such qualifying event. In that case, the qualifying individual’s maximum period of continuation coverage is the longer of 36 months from the date of your Medicare entitlement or their otherwise applicable maximum period of coverage.

Cost of Continuation Coverage The cost of continuation coverage is determined by the Employer and paid by the qualifying individual. If the qualifying individual is not disabled, the applicable premium cannot exceed 102 percent of the Plan’s cost of providing

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coverage. The cost of coverage during a period of extended continuation coverage due to a disability cannot exceed 150 percent of the Plan’s cost of coverage.

Premium payments for continuation coverage for you or your eligible dependent’s “initial premium month(s)” are due by the 45th day after electing continuation coverage. The “initial premium month(s)” are any month that ends on or before the 45th day after you or the qualifying individual elect’s continuation coverage. All other premiums are due on the first of the month for which coverage is sought, subject to a 30-day grace period. Premium rates are established by your Employer and may change when necessary due to Plan modifications. The cost of continuation coverage is computed from the date coverage would normally end due to the qualifying event.

Failure to make the first payment within 45 days or any subsequent payment within 30 days of the established due date will result in the permanent cancellation of continuation coverage. When Continuation Coverage Ends Continuation of coverage ends on the earliest of: 1. The date the maximum continuation coverage period expires; 2. The date your Employer no longer offers a group health plan to any of

its employees; 3. The first day for which timely payment is not made to the Plan; 4. The date the qualifying individual becomes covered by another group

health plan. However, if the new plan contains an exclusion or limitation for a pre-existing condition of the qualifying individual, continuation coverage will end as of the date the exclusion or limitation no longer applies;

5. The date the qualifying individual becomes entitled to coverage under Medicare; and

6. The first day of the month that begins more than 30 days after the qualifying individual who was entitled to a 29-month maximum continuation period is subject to a final determination under the Social Security Act that he or she is no longer disabled.

Note: The Health Insurance Portability and Accountability Act of 1996 (HIPAA) requires that all health insurance carriers that offer coverage in the individual market accept any eligible individuals who apply for coverage without imposing a pre-existing condition exclusion. In order to be eligible to apply for such coverage from a carrier after ceasing participation in the Plan, you or your eligible dependents must elect continuation coverage under the Plan, continue through the maximum continuation coverage period (18, 29, or 36 months, as applicable), and then apply for coverage with the individual insurance carrier before a 63day lapse in coverage. For more information about your right to such individual insurance coverage, contact your insurance agent or your state department of insurance.

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Notice of Termination Before Maximum Period of COBRA Coverage Expires If continuation coverage for a qualifying individual terminates before the expiration of the maximum period of continuation coverage, the Plan Administrator will provide notice to the individual of the reason that the continuation coverage terminated, and the date of termination. The notice will be provided as soon as practicable following the Plan Administrator’s determination regarding termination of the continuation coverage. The Plan intends to comply with all applicable law regarding continuation (COBRA) coverage. If for some reason the information presented in this Plan differs from actual COBRA requirements, the Plan reserves the right to administer COBRA in accordance with such actual COBRA requirements. Open Enrollment Period An “open enrollment period” is a time established by the Company when eligible employees and their eligible dependents have the option to enroll In the Plan or make changes to current plan coverage. Each eligible employee may enroll for coverage (or enroll any eligible dependents) or may change the level of coverage during the annual open enrollment period. The annual open enrollment period is November 2- December 31 annually for a January 1 effective date.

3. Plan Benefits Wynn Resorts, Limited has contracted with Sierra and HPN to provide you and your dependents with certain health insurance benefits. These benefits are outlined in the Certificate of Coverage issued to you by these carriers and include the following information, if applicable:

A detailed schedule of benefits and cost-sharing provisions Any annual or lifetime caps or other limits on benefits The extent to which preventative services are covered Whether (and under what circumstances) existing and new drugs are

covered Details of coverage for medical tests, devices and procedures Provisions regarding the use of network and out-of-network providers

and services Circumstances under which coverage is provided for out-of-network

providers and services Requirements for pre-authorization and utilization review Circumstances that may result in disqualifications or ineligibility under

the plan, or in the denial, loss, forfeiture, suspension, offset, reduction or recovery of any benefits under the plan

4. Claims Procedures

Claims procedures are fully described in the Certificate of Coverage. These include procedures for obtaining pre-authorizations, approvals, utilization review decisions, procedure for filing claims, notification of benefit determinations, grievance

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procedures for the review and appeal of denied claims.

Benefits Administered by Insurers and TPAs Claims for benefits that are insured or administered by a third-party administrator must be filed in accordance with the specific procedures contained in the insurance policies, Component Benefit Plans or the third party administrative services agreement. These procedures will be followed unless inconsistent with the requirements of ERISA as specified in more detail below. The name (and in the case of group health plan claims, the address) of the individual insurance company providing benefits and reviewing claims relating to its insurance policy is set forth in Appendix A. Further, the name and address of the third party administrator (if any) that reviews claims made under a Component Benefit Plan may be set forth in Appendix A. All other general claims or requests should be directed to the Plan Administrator.

Personal Representative You may exercise your rights directly or through an authorized personal representative. You may only have one representative at a time to assist in submitting an individual claim or appealing an unfavorable claim determination. Your personal representative will be required to produce evidence of his or her authority to act on your behalf. The Plan may require you to execute a form relating to the representative's authority before that person will be given access to your protected health information ("PHI") or allowed to take any action for you. (A mere assignment of your benefits does not constitute a designation of an authorized personal representative. Such a delegation must be clearly stated in a form acceptable to the Plan.) This authority may be proved by one of the following:

(a) A power of attorney for health care purposes, notarized by a notary public; (b) A court order of appointment of the person as the conservator or guardian of the individual; or (c) An individual who is the parent of a minor child.

The Plan retains discretion to deny access to your PHI to a personal representative to provide protection to those vulnerable people who depend on others to exercise their rights under these rules and who may be subject to abuse or neglect. This also applies to personal representatives of minors.

General Claims Procedure If you have a claim for benefits which is denied or ignored, in whole or in part, and if you have exhausted the claims procedures available to you under the Plan (discussed under the heading Claims Procedure), you may file suit in a State or Federal court. In addition, if you disagree with the Plan’s decision or lack thereof concerning the qualified status of a medical child support order, you may file suit in Federal court. The Plan’s claims procedures are described below: The following procedures will be followed for denied claims under a Component Benefit Plan that is not a group health plan or disability plan. For group health claims and disability claims, see headings “Special Rules for Group Health Plan Claims” and “Special Rules for Disability Claims.”

(a) If your claim is denied, you or your beneficiary will receive written notification

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within 90 days after your claim was submitted. The notification will include the reasons for the denial, with reference to the specific provisions of the Component Benefit Plan on which the denial was based, a description of any additional information needed to process the claim, and an explanation of the claims review procedure. If you do not receive a response within 90 days, your claim is treated as denied. (b) Within 60 days after notification of a claim denial, you may appeal the denial by submitting a written request for reconsideration of the claim to the Plan Administrator. Documents or records in support of your appeal should accompany any such request. The Plan Administrator will review the claim and provide, within 60 days, a written response to the appeal. This 60-day period may be extended an additional 60 days under special circumstances, as determined by the Plan Administrator. The Plan Administrator’s response will explain the reason for the decision with specific reference to the provisions of the Plan on which the decision is based. (c) The Plan Administrator (or the applicable insurance company that has accepted its fiduciary responsibility to make claim determinations with respect to the applicable insured plan) has the exclusive and discretionary right to interpret the appropriate plan provisions. The Plan Administrator (or insurance company or other party accepting claims responsibility) has the sole discretion to interpret the appropriate Plan provisions, and such decisions are conclusive and binding. (d) To the extent not inconsistent with the provisions of the applicable Component Benefit Plan, a claimant will be barred from bringing the claim after one year from the date of exhausting the Plan’s claims procedures relating to the denial of the claim. In the case of a group health plan claim discussed below, this includes not only exhausting the Plan's internal claims procedure but also exhausting the Plan's external claims procedure, where applicable.

Special Rules for Group Health Plan Claims For purposes of ERISA, there are three categories of claims under a Component Benefit Plan that is a group health plan (e.g., medical, dental, vision, and health care flexible spending account benefits), and each one has a specific timetable for approval, payment, request for additional information, or denial of the claim. The three categories of claims are:

Urgent Care Claims - a claim where failing to make a determination quickly could seriously jeopardize a claimant’s life, health, or ability to regain maximum function, or could subject the claimant to severe pain that could not be managed without the requested treatment. A licensed physician with knowledge of the claimant’s medical condition may determine if a claim is an Urgent Care Claim. Pre-Service Claims - a claim for which you are required to get advance approval or precertification before obtaining service or treatment for the medical services. Post-Service Claims - a request for payment for covered services you have already received. (a) Time for Decision on a Claim. The time deadline for making decisions on claims under the Plan depends on the category of the claim. (See Time Limit Chart below for maximum time limits.) You will be notified of any determination on your claim (whether favorable or unfavorable) as soon as possible. If an Urgent Care Claim is denied, you will be notified orally and written notice will be provided to you within three days. Note that fully-insured plan claims (if any) may be subject to an even more accelerated response time by the insurance company handling the claim. See

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Certificates of Coverage for details. (b) Notification of Denial. Except for Urgent Care Claims, when notification may be oral followed by written notice within three days, you will receive written notice if your claim is denied. The notice will contain the following information:

(1) the specific reason or reasons for the adverse determination; (2) reference to the specific Plan provisions on which the determination

was made; (3) a description of any additional material or information necessary to

perfect your claim and an explanation of why this material or information is necessary;

(4) a description of the Plan’s review procedures and the time limits that apply to these procedures, including a statement of your right to bring a civil action under ERISA Section 502 if your claim is denied on review;

(5) a statement that you are entitled to receive, upon request and free of charge, reasonable access to and copies of all documents, records, and other information relevant to your claim;

(6) if an adverse determination is based on an internal rule, guidance, protocol, or other similar criteria, an explanation of those criteria or a statement that the criteria will be provided to you free of charge upon request; and

(7) if the adverse determination is based on a medical necessity or experimental treatment limit or exclusion, an explanation of the scientific or clinical judgment on which such decision is based, or a statement that such explanation will be provided free of charge upon request of such person or persons who conducted the initial claim determination. The Plan fiduciary will provide an independent full and fair review of your claim and will not give any deference or weight to the initial adverse determination. You will receive a written notice of the decision on review.

(c) How to Appeal a Denied Group Health Plan Claim. If your claim is denied, you (or your attorney or other person authorized by you in writing to act on your behalf) will have 180 days following the date you receive written notice of the denial in which to appeal such denial. A failure to timely file an appeal request will constitute a waiver of your right to request a review of the denial of your claim. Unless you are appealing the denial of an Urgent Care Claim, your request for review should be made in writing. If you are requesting review of an Urgent Care Claim, you may request review orally or by facsimile. A request for review must contain your name and address, the date you received notice your claim was denied, and your reason(s) for disputing the denial. You may submit written comments, documents, records, and other information relating to your claim. If you request, you will be provided, free of charge, reasonable access to, or copies of, all documents, records, and other information relevant to the claim. The period of time for the Plan to review your appeal request and to notify you of its decision depends on the type of claim as follows:

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Time Limit (Group Health Plan Claims) Urgent Care*

Pre- Service*

Post- Service*

To make initial claim determination 72 hours 15 days 30 days

Extension (with proper notice and if delay is due to matters beyond Plan’s control)

None 15 days 15 days

To request missing information from claimant 24 hours 5 days 30 days

For claimant to provide missing information 48 hours 45 days 45 days

* The Plan Fiduciary should decide the appeal of “concurrent care claims” within the time frame set forth above depending on whether that claim is also an Urgent Care Claim, a Pre-Service Claim, or a Post-Service Claim and before the expiration of any previously approved course of treatment.

The review will take into account all comments, documents, records, and other information you submit relating to your claim, without regard to whether that information was submitted or considered in the initial claim determination. The review will be conducted by a Plan fiduciary other than the person or persons (or subordinate of such person or persons) who conducted the initial claim determination. The Plan fiduciary will provide an independent full and fair review of your claim and will not give any deference or weight to the initial adverse determination. You will receive a written notice of the decision on review.

Special Internal Appeals Review Procedures Under ACA Under the Affordable Care Act, the following internal claims provisions apply to any non HIPAA-excepted coverage (e.g., certain separate dental and vision plans and most FSAs) of the Plan based upon, generally whether the Plan is (1) fully-insured or (2) self-funded for any “Adverse Benefit Determination” (e.g., decision involving a determination regarding medical judgment or a rescission of coverage).

(a) A rescission is allowed only upon a finding of fraud or intentional misrepresentation of a material fact;

(b) You must be provided, free of charge, with any new or additional evidence considered, relied upon, or generated by the Plan in connection with the claim. It must also provide you with any new or additional rationale for a denial at the internal appeals stage, and a reasonable opportunity for you to respond to the new evidence or rationale; (c) Decisions regarding hiring, compensation, termination, promotion, or other similar matters with respect to an individual by a claims adjudicator or medical expert may not be based on the likelihood that that person will support the denial of benefits due to that influence (this prohibition is to avoid conflicts of interest); (d) Notices to claimants by the Plan or Claim Fiduciary must also include additional content as follows:

(1) Any notice of Adverse Benefit Determination or final internal Adverse Benefit Determination must include information sufficient to identify the claim involved, including the date of the service, the health care provider, the claim amount (if applicable) and state that, upon your request, the diagnosis code and treatment code and their corresponding meanings will be provided as soon as practicable.

(2) Any notice of an Adverse Benefit Determination or final internal

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Adverse Benefit Determination must include the denial code and corresponding meaning as well as a description of the Plan’s standard, if any, that was used in denying the claim. In the case of a final internal Adverse Benefit Determination, this description must also include a discussion of the decision.

(3) A description of available internal appeals and external review processes, including information about how to initiate an appeal.

(4) The availability of, and contact information for, an applicable office of health insurance consumer assistance or ombudsman.

(5) For Plan Years beginning on or after January 1, 2012, notices of any Adverse Benefit Determination must be in a culturally and linguistically appropriate manner, consistent with the DOL regulations, to any claimant in the health plan who resides in a county in which ten percent or more of the population is literate only in the same non-English language as determined by guidance published by the DOL (a "10 Percent Non-English County"). For a health plan that has a claimant in a 10 Percent Non-English County, notices regarding the internal and external claims review must appear in both English and in that other relevant non-English language and, once a request has been made by a claimant, all subsequent notices to such person must be in the applicable non-English language as well. Also, the Plan or Claim Fiduciary must maintain oral language services in the non-English language (such as a telephone customer assistance hotline) to answer questions or provide assistance with filing claims and appeals.

(e) Generally, the Plan’s or Claim Fiduciary’s failure to adhere to the requirements of the ACA will allow you to deem the internal claims and appeals process “not in compliance” under the Affordable Care Act, therefore declaring your claim procedure “exhausted.” At this point, you may proceed to pursue any external review process or remedies available under ERISA or under State law, if applicable.

You may appeal this determination by requesting external review described in more detail, below. Special State External Appeals Review Process Under ACA You should be aware that the Department of Labor ("DOL") has given States a number of options to implement protections included in the external review process for any Adverse Benefit Determination relating to insured health benefits (and certain self-funded arrangements which have been allowed by State law to be subject to the State's review rules).

(a) A State may meet the “strict standards” included in the DOL rules, which set forth 16 minimum consumer protections; (b) A State may operate an external review process under “similar standards to those outlined in the July 2010” interim final rule (These "similar standards" apply until January 1, 2014); or (c) Where the State meets the “strict standards” or the “similar standards,” your health plan is subject to the external review procedures reflected in the underlying Certificates of Coverage or to a separate claims document to be provided to you by the insurance company or the Plan.

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Meets Strict Meets Similar HHS Administered Process/Independent Review Organization Process

States States States Territories

Arkansas New Hampshire

Arizona Alabama* American Samoa*

California New Jersey Delaware Alaska Guam*

Colorado New York District of Columbia

Florida Northern Mariana Islands*

Connecticut North Dakota Indiana Georgia Puerto Rico

Hawaii Ohio Kansas Louisiana U.S. Virgin Islands*

Idaho Oklahoma Massachusetts Montana

Illinois Oregon Michigan Nebraska*

Iowa Rhode Island Minnesota Pennsylvania

Kentucky South Carolina

New Mexico West Virginia

Maine South Dakota North Carolina Wisconsin

Maryland Utah Tennessee

Mississippi* Vermont Texas

Missouri Virginia Wyoming

Nevada Washington * As of January 1, 2013, these States participate in the Federal Health and Human Services ("HHS") administered process. States having neither met the “strict standards” nor the “similar standards” will be subject to either (1) the HHS-administered process or (2) the HHS's Federal external appeals review process (described in more detail below). A State may change its external review process in the future. You must, at a minimum, be notified at the time the claim is filed of the process to be followed. Where the HHS-administered process applies, a separate claims document should be provided to the claimant by HHS. For more information, visit http://cciio.cms.gov/resources/files/external_appeals.html.

Special Federal External Appeals Review Process Under ACA Generally, Plans that are either self-funded (are not provided through insured health benefits) or have not elected or are not eligible to qualify for the State review external appeals process for any Adverse Benefit Determination are subject to Federal review process described below.

(a) You will have four months to request an external review of any final internal Adverse Benefit Determination. (b) The Plan or Claim Fiduciary has five business days from the date a claim is made to complete a preliminary review to determine if the claim is eligible for external review (determining whether you were covered (eligible) at the time the service was provided), whether the appeal relates to a medical judgment, and whether the internal appeals process has been exhausted (e.g., all relevant information requested from the claimant was provided) and, therefore, considered fully. (c) Within one business day after the preliminary review, the Plan or Claim Fiduciary will notify you in writing of its decision. If the claim is complete but not eligible for external review, you will be provided with the reason for its ineligibility and as well as contact information for the Employee Benefits Security Administration. If the claim is incomplete, you will be provided with an explanation

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of what is necessary to complete the claim and the Plan Administrator or Claim Fiduciary must give you a reasonable time to complete the claim (i.e., the remainder of the four month appeal period or, if later, 48 hours after the notice of incompletion). (d) If you appeal an appealable final internal adverse benefits determination (or challenge whether or not it is appealable), your claim must be referred to an Independent Review Organization (IRO) accredited by URAC (formerly known as the Utilization Review Accreditation Commission) or by a similar nationally-recognized accrediting organization to conduct external reviews. The referral will occur through an unbiased selection process involving several IROs. (e) Once assigned to the IRO, the IRO must make a determination on a nonUrgent Care Claim within forty-five (45) days after the IRO receives the assignment. (f) If the IRO reverses the decision of the Plan or Claims Administrator, your payments or coverage must begin immediately, even if the Plan or Claims Administrator expects to appeal it to a court of law. (g) You must also have a right to expedited review for an Urgent Care Claim upon request. Once assigned to the IRO, the IRO must make a determination as expeditiously as possible but in no event more than seventy-two hours (or forty-eight hours if the request was not in writing) after its receipt of the request. (h) The contracts with the IROs must include the requirements contained in the DOL Technical Releases, and the IROs must agree, among other things, to the following: de novo review of all information and documents timely received (including the Plan document, claims records, health care professional recommendations, and clinical review criteria used, if any), retaining its records for six years and making them available to the applicable claimant (or to State and Federal government agencies, to the extent not in violation of any privacy laws) for examination upon request, and inclusion of certain information in notices to claimants.

The Plan intends and is taking steps in good faith to comply with the claims and appeals rules under the Affordable Care Act and the provisions herein should be interpreted accordingly. Special Rules for Disability Claims A disability claim requires the Plan to determine if you are disabled for purposes of eligibility for disability benefits under a Component Benefit Plan. The Plan will notify you of its determination within 45 days after its receipt of your claim. This period can be extended for two additional 30-day periods (up to a total of 105 days) if a decision cannot be made because of circumstances beyond the control of the Plan Administrator. If more information is requested during either extension period, you will have at least 45 days to supply it. You may appeal the Plan’s determination within 180 days following receipt of an adverse determination. The Plan will notify you of its determination on review within 45 days and in accordance with the procedures in paragraph (b) under the heading “General Claims Procedure.” Otherwise, the general claims procedures apply, including the provisions relating to any Plan fiduciary's rights and responsibilities and the claims limitation period.

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5. Termination and Amendment As Plan Sponsor, the Employer has the right to amend or terminate the Plan at any time. You have no vested or permanent rights or benefits under the Plan. Plan benefits will typically change from year-to-year and you should examine the SPD provided to you each year to determine the benefits of the Plan.

6. Plan Administration The administration of the Plan is under the supervision of the Plan Administrator. The principal duty of the Plan Administrator is to see that the Plan is carried out, in accordance with its terms, for the exclusive benefit of persons entitled to participate in the Plan without discriminating among them. The Plan is fully insured. Benefits are provided under the Group Insurance Contracts entered into between the Sierra, HPN, UHC, UNUM and TransAmerica. The Plan Administrator has delegated responsibility for determinations regarding covered benefits and the amount and manner of the payment of benefits, including the appeal of denied claims, to the insurers of the Plan.

7. Additional Notices/Information

Special Enrollment Notice If you are declining enrollment for yourself or your dependents (including your spouse) because of other health insurance or group health plan coverage, you may be able to enroll yourself and your dependents in this plan if you or your dependents lose eligibility for that other coverage (or if the employer stops contributing toward your or your dependents’ other coverage). However, you must request enrollment within 30 days after your or your dependents’ other coverage ends (or after the employer stops contributing toward the other coverage). In addition, if you have a new dependent as a result of marriage, birth, adoption, or placement for adoption, you may be able to enroll yourself and your dependents. However, you must request enrollment within 30 days after the marriage, birth, adoption, or placement for adoption. To request special enrollment or obtain more information, contact the Plan Administrator at (702) 770-2601. Notice of Privacy Practices THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY. This Notice of Privacy Practices (“Notice”) applies to Protected Health Information (defined below) associated with Group Health Plans (defined below) provided by Wynn Resorts, Limited to its employees, its employee’s dependents and, as applicable, retired employees. This Notice describes how Wynn Resorts, Limited collectively we, us, or our may use and disclose Protected Health Information to carry out payment and health care operations, and for other purposes that are permitted or required by law.

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We are required by the privacy regulations issued under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) to maintain the privacy of Protected Health Information and to provide individuals covered under our group health plan with notice of our legal duties and privacy practices concerning Protected Health Information. We are required to abide by the terms of this Notice so long as it remains in effect. We reserve the right to change the terms of this Notice of Privacy Practices as necessary and to make the new Notice effective for all Protected Health Information maintained by us. If we make material changes to our privacy practices, copies of revised notices will be mailed to all policyholders then covered by the Group Health Plan. Copies of our current Notice may be obtained by contacting the Plan Administrator at (702) 770-2601. DEFINITIONS Group Health Plan means, for purposes of this Notice, the following employee benefits that we provide to our employees, employee dependents and, as applicable, retired employees, major medical coverage, dental coverage, vision coverage, life insurance, STD, LTD and voluntary benefits. Protected Health Information (“PHI”) means individually identifiable health information, as defined by HIPAA, that is created or received by us and that relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual; and that identifies the individual or for which there is a reasonable basis to believe the information can be used to identify the individual. PHI includes information of persons living or deceased. USES AND DISCLOSURES OF YOUR PROTECTED HEALTH INFORMATION The following categories describe different ways that we use and disclose PHI. For each category of uses and disclosures we will explain what we mean and, where appropriate, provide examples for illustrative purposes. Not every use or disclosure in a category will be listed. However, all of the ways we are permitted or required to use and disclose PHI will fall within one of the categories. Your Authorization – Except as outlined below, we will not use or disclose your PHI unless you have signed a form authorizing the use or disclosure. You have the right to revoke that authorization in writing except to the extent that we have taken action in reliance upon the authorization or that the authorization was obtained as a condition of obtaining coverage under the group health plan, and we have the right, under other law, to contest a claim under the coverage or the coverage itself. Uses and Disclosures for Payment – We may make requests, uses, and disclosures of your PHI as necessary for payment purposes. For example, we may use information regarding your medical procedures and treatment to process and pay claims. We may also disclose your PHI for the payment purposes of a health care provider or a health plan. Uses and Disclosures for Health Care Operations – We may use and disclose your PHI as necessary for our health care operations. Examples of health care operations

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include activities relating to the creation, renewal, or replacement of your Group Health Plan coverage, reinsurance, compliance, auditing, rating, business management, quality improvement and assurance, and other functions related to your Group Health Plan. Family and Friends Involved in Your Care – If you are available and do not object, we may disclose your PHI to your family, friends, and others who are involved in your care or payment of a claim. If you are unavailable or incapacitated and we determine that a limited disclosure is in your best interest, we may share limited PHI with such individuals. For example, we may use our professional judgment to disclose PHI to your spouse concerning the processing of a claim. Business Associates – At times we use outside persons or organizations to help us provide you with the benefits of your Group Health Plan. Examples of these outside persons and organizations might include vendors that help us process your claims. At times it may be necessary for us to provide certain of your PHI to one or more of these outside persons or organizations. Other Products and Services – We may contact you to provide information about other health-related products and services that may be of interest to you. For example, we may use and disclose your PHI for the purpose of communicating to you about our health insurance products that could enhance or substitute for existing Group Health Plan coverage, and about health-related products and services that may add value to your Group Health Plan. Other Uses and Disclosures – We may make certain other uses and disclosures of your PHI without your authorization. • We may use or disclose your PHI for any purpose required by law. For

example, we may be required by law to use or disclose your PHI to respond to a court order.

• We may disclose your PHI for public health activities, such as reporting of disease, injury, birth and death, and for public health investigations

• We may disclose your PHI to the proper authorities if we suspect child abuse or neglect; we may also disclose your PHI if we believe you to be a victim of abuse, neglect, or domestic violence.

• We may disclose your PHI if authorized by law to a government oversight agency (e.g., a state insurance department) conducting audits, investigations, or civil or criminal proceedings.

• We may disclose your PHI in the course of a judicial or administrative proceeding (e.g., to respond to a subpoena or discovery request).

• We may disclose your PHI to the proper authorities for law enforcement purposes. • We may disclose your PHI to coroners, medical examiners, and/or funeral

directors consistent with law. • We may use or disclose your PHI for cadaveric organ, eye or tissue donation. • We may use or disclose your PHI for research purposes, but only as permitted by law. • We may use or disclose PHI to avert a serious threat to health or safety. • We may use or disclose your PHI if you are a member of the military as

required by armed forces services, and we may also disclose your PHI for other

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specialized government functions such as national security or intelligence activities.

• We may disclose your PHI to workers' compensation agencies for your workers' compensation benefit determination.

• We will, if required by law, release your PHI to the Secretary of the Department of Health and Human Services for enforcement of HIPAA.

In the event applicable law, other than HIPAA, prohibits or materially limits our uses and disclosures of Protected Health Information, as described above, we will restrict our uses or disclosure of your Protected Health Information in accordance with the more stringent standard. RIGHTS THAT YOU HAVE Access to Your PHI – You have the right of access to copy and/or inspect your PHI that we maintain in designated record sets. Certain requests for access to your PHI must be in writing, must state that you want access to your PHI and must be signed by you or your representative (e.g., requests for medical records provided to us directly from your health care provider). Access request forms are available from the Plan Administrator at the above address. We may charge you a fee for copying and postage. Amendments to Your PHI – You have the right to request that PHI that we maintain about you be amended or corrected. We are not obligated to make all requested amendments but will give each request careful consideration. To be considered, your amendment request must be in writing, must be signed by you or your representative, and must state the reasons for the amendment/correction request. Amendment request forms are available from us at the address below. Accounting for Disclosures of Your PHI – You have the right to receive an accounting of certain disclosures made by us of your PHI. Examples of disclosures that we are required to account for include those to state insurance departments, pursuant to valid legal process, or for law enforcement purposes. To be considered, your accounting requests must be in writing and signed by you or your representative. Accounting request forms are available from us at the address below. The first accounting in any 12-month period is free; however, we may charge you a fee for each subsequent accounting you request within the same 12-month period. Restrictions on Use and Disclosure of Your PHI – You have the right to request restrictions on certain of our uses and disclosures of your PHI for insurance payment or health care operations, disclosures made to persons involved in your care, and disclosures for disaster relief purposes. For example, you may request that we not disclose your PHI to your spouse. Your request must describe in detail the restriction you are requesting. We are not required to agree to your request but will attempt to accommodate reasonable requests when appropriate. We retain the right to terminate an agreed-to restriction if we believe such termination is appropriate. In the event of a termination by us, we will notify you of such termination. You also have the right to terminate, in writing or orally, any agreed-to restriction. You may make a request for a restriction (or termination of an existing restriction) by contacting us at the telephone number or address below.

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Request for Confidential Communications – You have the right to request that communications regarding your PHI be made by alternative means or at alternative locations. For example, you may request that messages not be left on voice mail or sent to a particular address. We are required to accommodate reasonable requests if you inform us that disclosure of all or part of your information could place you in danger. Requests for confidential communications must be in writing, signed by you or your representative, and sent to us at the address below. Right to a Copy of the Notice – You have the right to a paper copy of this Notice upon request by contacting us at the telephone number or address below. Complaints – If you believe your privacy rights have been violated, you can file a complaint with us in writing at the address below. You may also file a complaint in writing with the Secretary of the U.S. Department of Health and Human Services in Washington, D.C., within 180 days of a violation of your rights. There will be no retaliation for filing a complaint. FOR FURTHER INFORMATION If you have questions or need further assistance regarding this Notice, you may contact Wynn Las Vegas LLC Privacy Office by writing to Wynn Las Vegas LLC or by calling (702) 770-2601. EFFECTIVE DATE This Notice is effective January 1, 2016. Michelle’s Law 1) Group health plans must maintain existing group health coverage up to one year for full-time student dependents who are age 18 or older who are enrolled in a post-secondary educational institution and whose leave has been certified by a physician to be a medically necessary leave. 2) If the student’s parents or caregiver changes coverage, a successor Employee Retirement Income Security Act plan that covers dependents would have to approve and accept the leave of absence. 3) Summer or semester breaks do not qualify. 4) The group health plan cannot terminate coverage for a covered dependent child due to a medically necessary leave of absence before the earlier of: • 12 months (one year) after the first day of the medically necessary leave of

absence; or • The date which the plan coverage would otherwise terminate.

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Newborns’ and Mothers’ Health Protection Act Group health plans and health insurance issuers generally may not, under Federal law, restrict benefits for any hospital length of stay in connection with childbirth for the mother or newborn child to less than 48 hours following a vaginal delivery, or less than 96 hours following a cesarean section. However, Federal law generally does not prohibit the mother’s or newborn’s attending provider, after consulting with the mother, from discharging the mother or her newborn earlier than 48 hours (or 96 hours as applicable). In any case, plans and issuers may not, under Federal law, require that a provider obtain authorization from the plan or the insurance issuer for prescribing a length of stay not in excess of 48 hours (or 96 hours). Patient Protection Model Disclosure You have the right to designate any primary care provider who participates in our network and who is available to accept you or your family members. For information on how to select a primary care provider, and for a list of the participating primary care providers, contact the Plan Administrator at (702) 770-2601. For children, you may designate a pediatrician as the primary care provider. You do not need prior authorization from the insurance carrier or from any other person (including a primary care provider) in order to obtain access to obstetrical or gynecological care from a health care professional in our network who specializes in obstetrics or gynecology. The health care professional, however, may be required to comply with certain procedures, including obtaining prior authorization for certain services, following a pre-approved treatment plan, or procedures for making referrals. For a list of participating health care professionals who specialize in obstetrics or gynecology, contact the Plan Administrator at (702) 770-2601. Women’s Health and Cancer Rights Act Do you know that your plan, as required by the Women’s Health and Cancer Rights Act of 1998, provides benefits for mastectomy-related services including all stages of reconstruction and surgery to achieve symmetry between the breasts, prostheses, and complications resulting from a mastectomy, including lymphedema? Call your Plan Administrator at (702) 770-2601 for more information. The Genetic Nondiscrimination Act of 2009 (GINA) GINA prohibits a group health plan from adjusting group premium or contribution amounts for a group of similarly situated individuals based on the genetic information of members of the group. GINA prohibits a group health plan from requesting or requiring an individual or a family member of an individual to undergo genetic tests. Genetic information means information about an individual’s genetic tests, the genetic tests of family members of the individual, the manifestation of a disease or disorder to family members of the individual or any request for or receipt of genetic services, or participation in clinical research that includes genetic services by the individual or a family member of the individual. The term genetic information includes, with respect to a pregnant woman (or a family member of a pregnant woman) genetic information about the fetus and with respect to an individual using assisted reproductive technology, genetic information about the embryo. Genetic information does not include information about the sex or age of any individual. Rebates from Insurance Carriers

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Health insurance issuers must provide rebates to enrollees when their spending for the benefit of policyholders on reimbursement for clinical services and health care quality improving activities, in relation to the premiums charged (as adjusted for taxes), is less than the MLR standards established under the Patient Protection and Affordable Care Act (health care reform).

Should the plan receive a rebate under the MLR standards such rebate will be used to offset current plan participant costs in the same proportion as which it was paid. This “premium holiday” will be apportioned between the employer and employee contributions to only those participating in the same plan as that which generated the rebate.

8. No Contract of Employment The Plan is not intended to be, and may not be construed as constituting, a contract or other arrangement between you and your employer to the effect that you will be employed for any specific period of time.

9. Statement of ERISA Rights As a participant in the Wynn Resorts, Limited Wrap Benefit Plan you are entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974 (ERISA). ERISA provides that all plan participants shall be entitled to: Receive Information about Your Plan and Benefits

Examine, without charge, at the Plan Administrator’s office and at other specified locations, such as at a worksite, all documents governing the plan, including insurance contracts (and collective bargaining agreements) and, if the plan covers more than 100 participants at the beginning of the plan year, a copy of the latest annual report (Form 5500 Series) filed by the plan with the U. S. Department of Labor and available at the Public Disclosure Room of the Employee Benefits Security Administration.

Obtain upon written request to the Plan Administrator, copies of documents governing the operation of the plan, including insurance contracts (and collective bargaining agreements) and copies of the latest annual report (Form 5500 Series), if any, and updated summary plan description. The Administrator may make a reasonable charge for the copies.

Receive a summary of the plan’s annual financial report, if one is required. The Plan Administrator is required by law to furnish each participant with a copy of this Summary Annual Report.

Prudent Actions by Plan Fiduciaries In addition to creating rights for plan participants ERISA imposes duties upon the people who are responsible for the operation of the plan. The peoples who operate your plan, called “fiduciaries” of the plan, have a duty to do so prudently and in the interest of you and other plan participants and beneficiaries. No one, including your employer or any other person, may fire you or otherwise discriminate against you in any way to prevent you from obtaining a welfare benefit or exercising your rights under ERISA. Enforce Your Rights

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If your claim for a welfare benefit is denied or ignored, in whole or in part, you have a right to know why this was done, to obtain copies of documents relating to the decisions without charge and to appeal any denial, all within certain time schedules. Under ERISA, there are steps you can take to enforce the above rights. For instance, if you request a copy of plan documents or the latest annual report from the plan and do not receive them within 30 days, you may file suit in a Federal court. In such a case, the court may require the Plan Administrator to provide the materials and pay you up to $110 a day until you receive the materials, unless the materials were not sent because of reasons beyond the control of the Administrator. If you have a claim for benefits that is denied or ignored, in whole or in part, you may file suit in a state or Federal court. In addition, if you disagree with the plan’s decision or lack thereof concerning the qualified status of a domestic relations order or a medical child support order, you may file suit in Federal court. If it should happen that plan fiduciaries misuse the plan’s money, or if you are discriminated against for asserting your rights, you may seek assistance from the U.S. Department of Labor, or you may file suit in a Federal court. The court will decide who should pay court costs and legal fees. If you are successful the court may order the person you have sued to pay these costs and fees. If you lose, the court may order you to pay these costs and fees, for example, if it finds your claim is frivolous.

Assistance with Your Questions If you have any questions about your plan, you should contact the Plan Administrator. If you have any questions about this statement or about your rights under ERISA, or if you need assistance in obtaining documents from the Plan Administrator, you should contact the nearest office of the Employee Benefits Security Administration, U.S. Department of Labor, listed in your telephone directory or the Division of Technical Assistance and Inquiries, Employee Benefits Security Administration, U. S. Department of Labor, 200 Constitution Avenue N.W., Washington, DC 20210. You may also obtain certain publications about your rights and responsibilities under ERISA by calling the publications hotline of the Employee Benefits Security Administration.

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Addendum A

Wynn Resorts, Limited Employee Contributions Per Pay Period

Plan Year January 1, 2016 – December 31, 2016

Base Medical Plan Employee Cost Employee Cost Wellness Participant Non Wellness Participant Employee Only $12 $42 Employee & Spouse $26 $86 Employee & Child(ren) $25 $55 Employee & Family $42 $102 Buy Up HMO Medical Plan Employee Only $31 $81 Employee & Spouse $64 $162 Employee & Child(ren) $62 $128 Employee & Family $95 $219 PPO Medical Plan Employee Only $43 $95 Employee & Spouse $90 $192 Employee & Child(ren) $88 $158 Employee & Family $133 $263 Dental Plans Employee Cost Employee Only $7 Employee & Spouse $10 Employee & Child(ren) $10 Employee & Family $16 Vision Plans Employee Cost Employee Only $1 Employee & Spouse $2 Employee & Child(ren) $2 Employee & Family $3 Basic Life Plan Employee Cost Employee Only No Cost

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Optional Life Plan Employee Cost Employee Only 100% Dependents 100% Basic Short Term Disability Employee Cost Employee Only No Cost Buy-Up Short Term Disability Employee Cost Long Term Disability Employee Only 100% All Voluntary Products Employee Cost Employee Only 100% Dependents 100%

All Employee contributions for medical, dental, and certain voluntary coverages are paid with pre-tax dollars through the Employers’ Premium Only 125 Plan, unless the Employee has elected otherwise.