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Benefits (Effective January 1, 2005)

Non-Business Matters

Legal representation and counseling are provided for matters involving municipal, state and federal courts, as well as in administrative agencies. Representation is subject to plan provisions and receipt by plan counsel of any out-of-pocket expenses:

1. Bankruptcy: Initiation and prosecution of a personal bankruptcy, will be covered unrelated to business or investment ventures, provided no prior bankruptcy petition filed by the participant has been dismissed by the Court for the participant’s failure to make the payments required by an approved plan of reorganization during the previous three (3) years, unless the member can demonstrate to a reasonable degree of certainty that he/she has the ability to make future plan payments and prior failure to pay was due to circumstances outside the control of the member.

2. Consultations: Unlimited hours, with the exception of estate planning matters, which are limited to eight (8) hours.

3. Criminal Matters: All criminal matters in which the member or dependent child is accused of committing a felony, misdemeanor, or summary offense.

4. Civil Litigation: Representation for the plaintiff or the defendant in a dispute where the amount in controversy is greater than the Small Claims Court jurisdictional amount.

5. Domestic Relations: Adoption, annulment, divorce, name change, paternity, support, visitation, and other domestic relations matters.

6. First Level Appeals: Appeals from the decision of a trial court or administrative agency if your case has legal merit, the appeal is not brought for the purpose of harassment and your representation does not involve an unreasonable expenditure of Fund monies or time.

7. Legal Document Review and Drafting: Unlimited for personal legal matters.

8. Real Estate: Preparation of necessary documents and attendance at settlement, for principal and primary residence only. Residence can be no larger than a two-family dwelling, including condominiums and cooperative housing. In landlord/tenant disputes, representation of only the tenant is covered.

9. Small Claims Court Matters: Representation for the plaintiff or the defendant in court in all personal matters in excess of Five Thousand Dollars ($5,000.00).

10. Taxation (other than probate and estates): Tax advice only in preparation for an IRS audit on the local level. No representation in civil or criminal tax matters.

11. Traffic Violations: Representation provided only for the employee and spouse, where penalty is a loss of driver’s license. Maximum of two (2) violations per year.

12. Landlord/Tenant: Representation of participants involving premises leased for their personal use or duplexes leased by them where they reside in the other half.

13. Consumer: Representation of participants in problems such as debtor-creditor actions, insurance matters, collection actions, etc.

14. Will or Codicil Preparation: maximum of one (1) per calendar year.

15. Living Will or Power of Attorney: maximum of one (1) per calendar year.

16. Except as otherwise specifically provided for in the plan, eligible employees and dependents are entitled to: One hundred (100) clock hours of legal representation per calendar year, non-cumulative, or per case regardless of duration except in domestic relations matters.

17. All domestic relations matters are limited to a one hundred (100) hour lifetime benefit per family.

18. With the exception of domestic relations matters, an eligible employee and his/her eligible dependent cannot utilize more than two hundred fifty (250) hours per calendar year. For domestic relations matters, each employee is entitled to one hundred (100) hours of legal services during the time he or she is employed by the school district. Any time expended on a domestic relations matter for an employee’s spouse or dependent children will be subtracted from the employee’s lifetime benefit.

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