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July 1, 1999 To All Participants in the Legal Defense Trust: This booklet is being distributed to give you complete information about the structure, operation and benefits concerning the Legal Defense Trust. For your convenience in using this booklet, it is divided into three parts:
Part II contains the complete text of the Legal Defense Trust Plan Document, setting forth all provisions concerning coverage and benefits. Part III contains the Legal Defense Trust Complaint procedure. We recommend that you read this book carefully so that you will be fully informed as to the eligibility requirements and available benefits. If you have questions, which the booklet does not answer or if any clarifications are needed please contact the Legal Defense Trust Plan Administrator. Only the Legal Defense Trust Plan Administrator represents the Board of Trustees in administering the Plan and giving information relating to the amount of benefits, eligibility, and other provisions of the Plan. Statements by other persons are not authorized and will not be binding on the Board of Trustees or the Legal Defense Trust. We, the Trustees, as fellow peace officers, are pleased and honored to work on the design and administration of the Legal Defense Trust. Sincerely, BOARD OF TRUSTEES OF THE LEGAL DEFENSE TRUST
WARNING: If you resign from your employment, you may lose your Legal Defense Trust coverage. Read Article II, Sections (D) and (E) of this Plan Document for details.
SUMMARY PLAN DESCRIPTION OF THE RIVERSIDE SHERIFFS ASSOCIATION LEGAL DEFENSE TRUST(A) Name of Plan: This plan is known as the Riverside Sheriffs Association (RSA) Legal Defense Trust. (B) Name, Address and Telephone Number of Sponsoring Organization: This plan is sponsored by RSA, the name, address and telephone number of which is:
6215 River Crest Drive, Suite A Riverside, CA 92507 (951) 653-5152 (C) Identification Number: The employer identification number assigned to the RSA Legal Defense Trust by the Internal Revenue Service is EIN 33-620-0313. The plan number is 501. (D) Type of Plan: Group prepaid legal services plan. (E) Type of Administration: This plan is administered by a Board of Trustees. (F) Name, Address and Telephone Number of Plan Administrator:
RSA Legal Defense Trust 6215 River Crest Drive, Suite A Riverside, CA 92507 (951) 653-0130 (800) 877-7317 - 24 Hour emergency number (G) Name and Address for Service of Process: The Board of Trustees has designated the RSA as agent for purposes of accepting service of legal process on behalf of the Legal Defense Trust. The address for the RSA is set forth in item (B) above. Each member of the Board of Trustees is also an agent for purposes of accepting service of legal process on behalf of the Legal Defense Trust. The names of the Trustees are set forth in item (H) below. The addresses and phone numbers of the Trustees is the same as the Plan Administrator as set forth in item (F) above. (H) Names and Titles of Trustees:
Mike Reyes, Treasure Ray Hoskins, Trustee Pete Kurylowicz, Trustee David Nelson, Trustee Alternate Matt Hughes, Trustee
(I) Applicable Collective Bargaining Agreement: None. (J) Participation, Eligibility and Benefits:
(K) Circumstances Which May Result in Ineligibility or Denial of Benefits: A Participant who is eligible for benefits under the Plan may become ineligible and be denied coverage for events occurring, claims made, or services performed after any of the following happens:
(L) Source of Contributions: The Plan is financed by contributions paid by individual Participants through the Member Association as set forth in the Plan Document and the earnings on said contributions. (M) Entities Used for Accumulation of Asset and Payment of Benefits: The contributions are received and held by the Board of Trustees in the RSA Legal Defense Trust pending the payment of benefits and administrative expenses. The Board of Trustees pays benefits directly from the Legal Defense Trust. (N) End of Plan Year: The Plan Year runs from January 1 through December 31 of each year. (O) Use of Assets upon Termination: The Board of Trustees has the authority to terminate the Plan. In the event of the termination of the Plan, any and all monies and assets remaining in the Trust, after payment of expenses, shall be used for the continuance of the benefits provided by the existing Benefit Plan(s), until such monies and assets have been exhausted. (P) Procedures to be Followed in Presenting Claims for Benefits: To present a claim for benefits under the Plan, it is necessary to notify the Legal Defense Trust Administrator at the RSA office: Trust Administrator RSA Legal Defense Trust 6215 River Crest Drive, Suite A Riverside, CA 92507 (800) 877-7317 - 24 hour Telephone Number For more details see Article V of the Plan Document (Q) Remedies Available for Redress of Claims Which Are Denied: In the event a claim for benefits is denied, the Administrator will furnish written notification to the Participant within sixty (60) days of receipt of the Participant's claim. (A claim shall not be considered to have been received by the Administrator until receipt of any transcripts as required by Article III of the Plan.) In the event the Administrator does not respond within sixty (60) days, the claim shall be deemed to have been denied. The Participant may appeal to the Board of Trustees for a hearing in the matter, provided that he or she makes the request in writing within forty-five (45) calendar days after receiving written notice of the denial. The Participant may upon request examine documents pertinent to the denial and may submit to the Trustees written issues and comments. For more details, see Article V, Section F. of the Plan Document. The Trustees shall conduct a hearing no later than sixty (60) calendar days or as soon as practicable after the receipt of the Participant's written request for review, at which hearing the Participant shall be entitled to present his or her position and any evidence in support thereof. The Participant may be represented at the hearing, at the Participant's expense, by an attorney or by any other representative of his or her choosing. The Trustees shall issue a written decision within sixty (60) days after the hearing on the Participant's appeal, affirming, modifying or setting aside the previous decision. For more details, see Article V of the Plan Document. (R) Statement of ERISA Rights: As a Participant in the RSA Legal Defense Trust, you are entitled to certain rights and the protections under the Employee Retirement Income Security Act of 1974, as amended ("ERISA"). Federal regulations describe these rights and protections substantially as follows:
In addition to creating rights for Plan Participants, ERISA imposes duties upon the people who are responsible for the operation of the Plan. People who administer your Trust, called "fiduciaries" of the Plan, have a duty to do so prudently 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 benefit under the Plan or exercising your rights under ERISA. If your claim for a benefit is denied in whole or in part, you must receive a written explanation of the reasons for the denial. You have the right to have the Trustees review and reconsider your claim. Under ERISA, there are steps you can take to enforce the above rights. For instance, if you request materials from the Plan and do not receive them within (30) days, you may file a lawsuit in a Federal Court. In such case, the court may require the Plan Administrator to provide the materials and pay you up to $100 a day until you receive the materials, unless the materials were not sent because of reasons beyond the control of the Plan Administrator. If you have a claim for benefits which is denied or ignored in whole or in part, you may file a lawsuit. If it should happen that Plan Fiduciaries misuse the Trust's assets, 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 a suit in 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 if, for example, it finds your claim is frivolous. If you have any questions about your Plan, you should contact the Board of Trustees. If you have any questions about this statement or your rights under ERISA, you should contact the nearest area office of the U.S. Labor-Management Services Administration, Department of Labor. LEGAL DEFENSE TRUST PLAN DOCUMENT PREAMBLEWHEREAS, the Riverside Sheriffs' Association (RSA) is an incorporated association which is organized to represent peace officers and public safety employees for the purposes of collective bargaining; and WHEREAS, peace officers and public safety employees have been subjected in recent years to a variety of litigation arising out of performance by them of their law enforcement and public safety duties; and WHEREAS, the RSA has established a trust fund to provide legal service benefits known as the Legal Defense Trust, governed by a Board of Trustees whose powers and duties include control and management of a prepaid group legal services plan; NOW THEREFORE, the Board of Trustees does hereby restate the Plan Document, effective as of July 1, 1999, as set forth in the following pages.
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