TEXAS LABOR COUNCIL LEGAL DEFENSE PLAN

 

 

 

I.

 

PURPOSE

The purpose of the Texas Labor Council Legal Defense Plan is to provide members superior coverage of legal defense as a direct result of duty related matters. The Texas Labor Council offcers and affords the presumption of coverage under the Texas Lbor COuncil Legal Defense Plan to its members in good standing and strives to make the best representation available to protect their intrests, rights, and livelihood.

 

 

II.

 

ELIGIBILTY

(A) Members

The Texas Labor Council Legal Defense Plan is offered to any member of Texas Franternal Order of Police who is in good standing with the Texas Labor Council at the time the incident occurred.

(B) Attorneys

A member may hire counsel of choices, provided the attorney contacts the Texas Labor Council Lega Defense Plan administrator within three (3) business days of notification by the member and the chosen counsel agrees to the terms for hire as set forth by the Texas Lbor Council Legal Defense Plan administrator.

 

 

III.

 

COVERAGE

The Texas Labor Council Legal Defense Plan will pay for a member's legal defense fess for the following matter arising directly from a duty related incident, on or off duty as follows:

1. Criminal Investigation;

2. Defense of civil lawsuits;

3. Adivse, consultation, and prepreation for Grand Jury investigations; and

4. The Defense of administrative proceedings, whether such preceedings resulted from a duty related incident or not. This includes the cost of any appeals process associated with the member's administrative proceedings

5. In the event of a critical incident or emergency, the member may retain an attorney to assist and all reasonable costs associated with that representation will be covered by the Texas Labor Council Legal Defense plan.

 

IV.

 

RESTRICTIONS & EXCLUSIONS

1. The Texas Labor Council Legal Defense Plan does not cover costs associated with bail bonds, appeal bonds, or any other type of bond and will not satisfy and civil judgments, civil penalties or fines levied against the member
2. The Texas Labor Council Legal Defense Plan does nto cover affirmative filings on behalf of a member except those involving appeals from disciplinary or administrative actions afforded a member by policy or civil service.
3. The Texas Labor Council Legal Defense Plan is not obligated to pay if the trust funds are depleted. Upon funds replenished the trust benefits will then be payable.
4. The Texas Labor Council Legal Defense Plan shall cover only the cost of one attorney. The Texas Labor Council Legal Defense Plan administrator must approve changing attorneys once the representation has begun. The hiring of additional attorneys is the member's choice however; additional legal fees shall be the solce responsibilty of the member and will not be paid by the Texas Lbor Council Legal Defense Plan.

 

 

V.

 

NOTICE

A Member must give written notice of each clain to the Texas Labor Council Legal Defense Plan administrator within seven (7) business days of notice of the allegation or incident.

Any claims filed outside the seven (7) business day period will not be covered unless approved by the Texas Labor Legal Council Executive Board.

 

 

VI.

 

CANCELLATION

The member's coverage shall automatically be discontinued, and no benefits paid upon the occurrence of any of the following events:

1. The Member cancels coverage by written notice.
   
2. The Member becoimes thiry-one (31) days in arrears in required contributions to Texas Labor Council
   
3. The Texas Labor Council Executive Board Terminates the Texas Labor Council Legal Defense Plan.
   
4. The Texas Labor Council Executive Board canceling or not renewing a member's coverage.

 

 

VII.

 

RELATIONS OF THE PARTIES

Attorneys engaged to preform legal services for members under the terms of the Texas Labor COuncil Legal Defense Plan are not agents or eployees of the Texas Labor Council. All Matters between attorneys and members shall maintain the attorney-client relationship solely with the member

The Texas Labor Council Executive Board has the authority to administer, modify, adopt the Texas Labor Council Legal Defense Plan as neccessary for the betterment of the members to include correcting any language in the Texas Labor Council Legal Defense Plan, and making determinations of eligibility of benefits.

 

 

VIII.

 

DENIAL OF CLAIM

Any member, whose claim is denied, may within ten (10) business days of the denial, request in writing, an appeal of that decision to the Texas Labor Council Executive Board.

The member shall submit in writing no later that the 30th day from his/her appeal all documents, records or comments the member or the member's representation believes relevant to the member's claim. Failure of the member to file within thirty (30) days shall be deemed waiver of the member's appeal.

The Texas Labor Council Executive board shall have fourteen (14) days from the date it receives the members appeal records, documents or comments to render a written decision stating the reasons for its actions. Failure of the Executive Baord of the Texas labor Council to rule within fourteen (14) days chall result in the member's claim being a covered claim.

 

All Decisions of the Texas Labor Council Executive Board are Final.