ARTICLE V
CLAIMS PROCEDURES

A. Participant's Duty to Notify Administrator of Claim

A Participant shall be obligated to notify the Administrator or his designee of a claim for benefits before he or she is entitled to any benefits under the Plan. Notification to any Trustee, Panel Attorney, Field Representative, or Member Association personnel or any party other than the Administrator or his designee is ineffective to obtain entitlement to benefits. Failure to notify the Administrator or his designee shall relieve the Legal Defense Trust of any obligation to provide benefits.

B. Telephone Hot Line (Emergency)

The Administrator shall maintain a 24-hour-a -day telephone service to respond to Participants' needs for services. The number is (800) 877-7317.

C. Acceptance or Denial of Claim by Trust

The Administrator shall forward each claim for Plan benefits to the Trust Chair or his/her designee to determine whether to grant or deny coverage under the Plan. If coverage is granted, the Participant's Member Association shall be notified, provided the Association has requested notification. If the claim is denied, the Participant has the right to appeal the denied claim pursuant to the procedures described in Section F. of this Article.

D. Referral by Administrator to Panel Attorney or Field Representative

The Administrator shall refer representation of a Participant who is entitled to benefits to a Panel Attorney or Field Representative. In making such a referral, the Administrator shall, where feasible, select a Panel Attorney or Field Representative who meets the approval of such Participant's Member Association. Any dispute concerning the referral of a case to a Panel Attorney or Field Representative may be appealed by the Participant to the Board of Trustees pursuant to Section F. of this Article.

E. Dissatisfaction or Non-Cooperation with Panel Attorney or Field Representative

Subject to the appeal rights described in Section D. above, if a Participant unreasonably refuses representation by the Panel Attorney or Field Representative selected to represent him or her or fails or refuses to accept the advice of the Administrator or a Panel Attorney or Field Representative, the Plan shall be free from further obligation to such Participant to provide benefits or otherwise. Such Participant shall be free to employ counsel at his or her own expense to represent him or her.

F. Appeal Procedures

1. Denial - If a claim for benefits made by a Participant is wholly or partially denied, the Administrator shall give written notification of such denial to the Participant within sixty (60) days of receipt of the Participant's claim for benefits. In the event the Administrator does not provide written notice of its decision within sixty (60) days of the Participant's claim, the claim shall be deemed denied. (A claim shall not be considered to have been received by the Administrator until receipt of any transcripts required by Article III of the Plan.) The notification shall include the following information:
   (a) The specific reason(s) for such denial;

   (b) Specific reference to the Plan provisions upon which the denial is based;

   (c) A description of any material or information which may be needed to clarify or complete the claim and an explanation of why such information is required; and

   (d) An explanation of the Plan's review procedure with respect to the denial of benefits.

2. Request for Hearing
   (a) Any Participant whose claim has been denied may appeal to the Trustees to conduct a hearing in the matter, provided that he or she requests the hearing in writing within forty-five (45) calendar days after being notified of the denial; and provided further that the request for a hearing explains to the degree possible why the reasons for the denial are inapplicable. The Participant may request and examine documents pertinent to the denial and may submit written issues and comments to the Trustees.

   (b) The Trustees shall conduct a hearing no later than sixty (60) calendar days after the receipt of the Participant's request for a hearing. The Participant shall be entitled to present his or her position and any evidence in support thereof at the hearing. The Participant may be represented at the hearing by an attorney or any other representative of his or her choosing at the Participant's expense. Within sixty (60) days of the hearing on the Participant's appeal, the Trustees shall issue a written decision, affirming, modifying, or setting aside the Trust Chairperson's decision.

ARTICLE VI
MISCELLANEOUS

A. Limitation of Rights

Neither the establishment of the Plan or the Legal Defense Trust, nor any modifications thereof, nor the creation of any Trust or account, nor the payment of any benefits, shall be construed as giving any Participant or other person any legal or equitable right of action or recourse against a Member Association or the RSA or its employees, the Legal Defense Trust or its agents and employees, or the Trustees, except as provided in the Plan and the Trust Agreement.

B. Applicable Laws and Regulation

References in the Plan to any particular sections of any local, stare or federal statute may include any regulation pertinent to such sections and any subsequent amendments to such sections or regulations. Except where the Plan specifically refers to state law, the Plan and the Legal Defense Trust shall be governed by ERISA.

C. Confidentiality

A provider of services to a Participant pursuant to a Benefit Plan, whether an attorney or field representative, shall not divulge to third parties matters which a Participant revealed to the provider in confidence. A provider shall, however, be entitled to provide information to the Trust, including to its Trustees or its Administrator, concerning a Participant's case. The Trust, including its Trustees or its Administrator, shall not reveal to third parties matters revealed to it in confidence by such Participant in the course of his or her application for benefits from the Trust. The Trust, including its Trustees or its Administrator, shall, however be permitted to provide to Member Associations general information concerning the Association's usage under the Benefit Plan for the purpose of assisting that Association in its budgetary process.

D. Independent Contractor

All Panel Attorneys, Field Representatives, and other providers of service are independent contractors and are not agents of the Legal Defense Trust.

E. Waivers

The Board of Trustees, for good cause shown as determined by the Board, is authorized to waive any financial assessment or fee imposed upon an Association pursuant to this plan document or to trust policy, including but not limited to a waiver of interest. This authorization does not extend to requests by individual Participants for waivers.

F. Interpretation of the Trust Agreement and the Plan

The Board of Trustees shall possess full authority and power to interpret the terms of the Trust Agreement and this Plan document. The Board of Trustees also possesses full authority to determine whether any claim for benefits under the trust's self-insured program is to be granted or denied.

G. Status of Benefits and Eligibility Requirements

So that the Board of Trustees is able to fulfill its obligation to maintain within the limits of Trust resources a program dedicated to providing benefits to all Participants, the Board of trustees expressly reserves the right in its sole discretion at any time and from time to time:

(1) to increase, decrease, amend, or terminate any benefit provided under this Plan;

(2) to increase, decrease, or modify the conditions that have to be met before a benefit is payable and such changes may be made applicable to claims in process or which are made in the future;

(3) to amend, alter, or modify any eligibility requirement for benefits under this Plan;

(4) to amend any provision of the Plane document; or

(5) to terminate the Plan in full.

H. Non-Affiliation

The Riverside Sheriffs Association is separate and distinct from the Trust and is not an agent or the Trust. All field representatives and attorneys are independent contractors and are not agents of the Trust.

I. Non-Assignment of Benefits

A Participant shall not have the right to assign, alienate, transfer, sell, hypothecate, mortgage, encumber, pledge, commute, or anticipate any benefit payment hereunder. Benefits hereunder shall not be subject to levy or execution or attachment or garnishment.

J. Participant Remedies

A Participant shall not have any right or claim to benefits from the Trust, except as specified in this Plan. Any dispute as to eligibility, type, amount or duration of benefits under this Plan or any amendment or modification thereof shall be resolved by the Board of Trustees under and pursuant to this Plan and the Trust Agreement, and its decision concerning the dispute shall be final and binding upon all parties to the dispute. The sole remedy of a Participant concerning the Trust's benefits is to pursue the procedures as set forth in Article V of this Plan Document.

K. Trust Agreement

The provisions of the Plan are subject to and controlled by the provisions of the Trust Agreement, and in the event of any conflict between the provisions of the Trust Agreement and the provisions of this Plan, the Trust Agreement shall prevail.

L. Modification of Benefits

The benefits provided by this Plan can be paid only to the extent that the Trust has available adequate resources for such payments. The Association does not have any liability, directly or indirectly, to provide the benefits established hereunder beyond the obligation of the Association to make contributions as stipulated in the applicable participation agreement. In the event that at any time the Trust does not have sufficient assets to permit continued payments hereunder, nothing contained in the Plan shall be construed as obligating the Association to make benefit payments or contributions (other than the contributions for which the Association may be obligated by the participation agreement) in order to provide for the benefits established hereunder.

M. Extent of Liability

The benefits provided by this Plan are not insured by any contract of insurance, and there is no liability on the Board of Trustees, the Association or other individual or entity to provide payment over and beyond the amount in the Trust collected and available for such purpose.

N. Standard of Review

No action of the Board of Trustees may be revised, changed, or modified by any arbitrator, court, or other entity unless the party seeking such action has exhausted all of its administrative remedies under the Trust and this Plan Document and is able to show by clear and convincing evidence that the Board of Trustees' decision was arbitrary and capricious in light of the information actually available to it, and considered by it, at the time of its decision.

ARTICLE VII
AMENDMENT AND TERMINATION

A. In order that the Board of Trustees may carry out its obligation to maintain, within the limits of its resources, a program dedicated to providing the maximum possible benefits for all Participants, the Trustees expressly reserve the right, in their sole discretion, at any time and from time to time, but upon a non-discriminatory basis:

1. To amend or terminate any benefit, even though such amendment or termination affects cases already accepted by the Trust, provided that the responsibility of Legal Defense Trust to pay for approved services previously rendered shall not be affected;

2. To increase the rate of contributions or alter the method of payment thereof; and

3. To amend or rescind any other provision of this Plan.

TRUST COMPLAINT PROCEDURE

It is the policy of the Board of Trustees to encourage and solicit comments regarding the administration of the Legal Defense Trust. Any person who is dissatisfied with any aspect of the administration of the Legal Defense Trust is requested to follow the complaint procedure below; provided, however, that denials of Plan benefits are appealable only as set forth in Article V, Section F., of the Plan.

1. Complaints should be set forth in writing and directed to any or all members of the Board of Trustees, with copies to any persons who may be the subject of the complaint.

2. Within fourteen (14) days of the receipt of this complaint, the Chairperson of the Board of Trustees or Chairperson's designee shall contact the complainant and ascertain if the complainant, any person named in the complaint, or any of the Trustees wish to conduct a hearing on the matter before the Board of Trustees. If so, a hearing will be scheduled at the next regular Board meeting at which the complainant and persons named in the complaint are available to attend. If more immediate action is appropriate, the parties may participate in a conference telephone call.

3. At the hearing, all interested parties will be entitled to appear and discuss the matter.

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