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Exceptions

Even though you may be eligible for legal services, there are some limitations on when you can use Plan Counsel if a conflict of interest exists. These limitations are:

  1. In disputes between an eligible employee and spouse, or dependent on covered matters. Plan Counsel cannot represent both sides in a dispute because that would create a conflict of interest. Plan Counsel can represent only the covered employee.
     
  2. In disputes between eligible employees and/or retirees on covered matters, they may decide who will utilize Plan Counsel. The other eligible individual will be required to utilize alternate counsel selected and paid for by the Fund. Services will be rendered under the same terms and conditions as described in this Plan.
     
  3. If your spouse or dependent child has an ongoing case and ceases to be eligible for coverage, you are to notify Plan Counsel or the fund coordinator of that fact. This prevents your account from being charged for these hours.
     
  4. If your employment with the Board of Education is terminated, your benefits for legal services will cease the day immediately following the date of termination. However, active files still open prior to the date of termination will be completed subject to the provisions of the Plan.
     
  5. The Trustee shall have the right for good cause, to suspend or terminate a participantís eligibility.

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