BENEFITS PROVIDED TO RPOAC MEMBERS

IN THE

RPOAC'S Fire Arms Legal Defense Plan



Benefit Providers (the “Law Firms”)  

Northern California                                    Southern California            

       

        Mastagni, Holstedt & Amick                  Lackie & Dammeier

        A Professional Corporation                       A Limited Liability Partnership

        1912  I Street                                              367 North Second Avenue

        Sacramento, CA 95814                               Upland, CA 91786

        800-852-7581                                              800-478-7643

  1. Entitlement to Benefits

A Retired Peace Officer or Retired Public Safety Employee shall be entitled to benefits for covered events which occur after all of the following has occurred:

    1. Proper Application for Enrollment – The date on which the RPOAC is in actual receipt of an application for membership and coverage in the optional FALD/Shooting Coverage Plan.

    1. Payment made to RPOAC – The Member makes required payment for membership and the FALD/Shooting Coverage.

  1. Required Payment

    1. Amount – The contributions required in order to be entitled to benefits under the Plan are as follows:

    1. Annual Payment – Each member shall make payment at the time of application, based on an annual rate set by the Law Firms providing coverage with consent of RPOAC. Thereafter, the member will be billed prior to the expiration date as determined by the date of initial application. The payment covers one year in full and shall not be refunded, in part or in whole.

    1. Time of Payment – Payment shall be made on or before the day preceding the first day of the period for which each payment applies and shall be deemed delinquent on the first day of such period.

    1. Method of Payment – Payment may be made by check, money order as determined by RPOAC.

    1. Effect of Delinquency – If payment is not made as required, benefits under the Plan shall cease on the first day of the month following the payment due date described above.

  1. Termination of Benefits

The benefits for a Member shall automatically terminate:

    1. When his or her participation (i.e., through non-payment hereunder) in the Plan terminates, or

    1. When his or her membership in RPOAC terminates.

BENEFITS

1. Benefit Plan 1 – FALD Endorsement Coverage

A Member who has chosen Benefit Plan 1 who has retired from a law enforcement agency within the State of California shall be entitled to the following services:

(a) Legal representation in any administrative proceeding to protect a Member’s statutory rights pursuant to Penal Code § 12027.1 in maintaining his or her Carry Concealed Weapon (FALD) Endorsement. This coverage includes legal representation at any arbitration proceedings brought pursuant to Penal Code § 12027.1.

(b) Legal representation in any civil action necessary to enforce a Member’s rights provided by Penal Code § 12027.1.

    1. All customary, necessary, and reasonable services related to an action described in Section (a) or (b) hereof, including where it appears reasonably probable that such an action will be commenced.

  1. Benefit Plan II – Civil and Criminal Actions

A Member who has chosen Benefit Plan II shall be entitled to the Benefits of Plan I and following services:

    1. Legal representation in any civil or criminal action brought against him or her arising from any act or omission involving the use or threatened use of a firearm which, if the Member was still an active peace officer, would have been within the scope of his or her employment.

    1. All customary, necessary, and reasonable services related to an action described in subsection (a) hereof, including where it appears reasonably probable that such an action will be commenced.

EXCLUSIONS AND LIMITATIONS

In addition to the exclusions and limitations set forth elsewhere in this Plan, the following exclusions and limitations shall apply:

  1. Exclusions

The provision of benefits under the Plan shall be subject to the following exclusions:

    1. Worker’s Compensation – No benefits shall be provided under the Plan for any action within the jurisdiction of the Worker’s Compensation Appeals Board. .

    1. Punitive or Other Damages – No benefits shall be provided under the Plan to cover any monetary award for damages, including but not limited to punitive or compensatory damages, whether by judgment, settlement or otherwise against a Member in any action.

    1. Attorneys’ Fees – No benefits shall be provided under the Plan to cover attorneys’ fees or costs of an opposing party awarded against a Member in any action.

    1. Geographic Restrictions – No benefits under Benefit Plan 2 shall be provided to members who reside outside of California. No benefits shall be provided for incidents which occur outside of California.

    1. No Automatic Renewal – There is no guarantee in the continuance of the plan. RPOAC and the Law Firms will, from time to time, evaluate the continued feasibility of the plan and may refuse to renew any or all members.

  1. Limitations

The provision of benefits under the Plan shall be subject to the following limitations:

    1. Civil Action Against Insured Member and/or Employer

No benefits shall be provided under the Plan in any civil proceedings in which the Participant’s employer or its insurer, or the Member’s insurer, whether by agreement, policy, or operation of law, or applicable case law, agrees to or undertakes to provide a defense, agrees to or undertakes to indemnify the Member for damages arising out of the proceedings.

Employer or Insurer Refuses Defense

In the event the employer or its insurer, or the Member’s insurer refuses to defend the civil proceedings, then the Member shall be entitled to the benefits under the Plan selected by the Member and the Law Firm shall be subrogated to the Participant’s rights against the employer or its insurer.

    1. Third-Party Recovery – In the event that a Member recovers from any third party any amounts as damages (other than lost compensation), attorneys’ fees, or costs in a case in which the Law Firms provided benefits, the Law Firms shall be entitled to reimbursement form such Member to the full extent of the expenditures made by the Law Firms, including the value of reasonable attorneys’ fees on behalf of said Member hereunder. Members agree to cooperate with the Law Firms in obtaining reimbursement and, upon request to execute any and all necessary documents. If a Member has a cause of action against any third party for damages, attorneys’ fees or costs and does not wish to pursue the action, he or she will, upon request, assign those rights to the Law Firms to the extent lawfully permissible and assist the Law Firms in its prosecution of such action.

    1. Non-Cooperation or Misrepresentation by Member – No benefits shall be provided to a Member who is untruthful to his or her Attorney or who does not cooperate with his or her Attorney. In such a case, the right of the Member to benefits hereunder may be terminated or suspended.

    1. Appeal – No benefits shall be provided to appeal a decision by an administrative tribunal or a court, unless the Law Firms determine upon written request from the Member that there exists a reasonable likelihood of success on the appeal.

    1. Significant Costs – The coverage for this Plan is primarily to cover attorney fees in representation of a Member for covered representation. The member is responsible for significant “costs” related to such representation, such as arbitrator fees, expert witness fees or transcript fees. The Member will be given advance notification of such “costs” prior to such costs being incurred and may be required to deposit funds in advance to cover such expenses.

CLAIMS PROCEDURES

  1. Participant’s Duty to Notify Law Firm of Claim

A Member shall be obligated to notify the applicable Law Firm of his or her claim for benefits before he or she is entitled to any benefits under the Plan. Notification to any RPOAC personnel is ineffective to obtain entitlement to benefits. Failure to notify the applicable Law Firm shall relieve the Law Firm of any obligation to provide benefits.

  1. Telephone Hot Line (Emergency)

The Law Firms shall maintain a 24-hour-a-day telephone service to respond to Members’ needs for services.

Northern California (800) 852-7581

Southern California (800) 478-7643.

  1. Appeal Procedures

    1. Denial – If a claim for Plan benefits made by a Member is wholly or partially denied, the Law Firm shall give written notification of such denial to the Participant.

    1. Request for Hearing

Any Member whose claim has been denied may appeal to the RPOAC Executive Board to conduct a hearing in the matter, provided that he or she requests the hearing in writing within sixty (60) calendar days after being notified of the denial; and provided further the request for a hearing explains to the degree possible why the reasons for the denial are inapplicable. The Member may request and examine documents pertinent to the denial and may submit written issues and comments to the RPOAC Executive Board.

The RPOAC Executive Board (or appointed panel) shall conduct a hearing no later than forty five (45) calendar days after receipt of the written request for a hearing. The Member shall be entitled to present his or her position and any evidence in support thereof at the hearing. The Member may be represented at the hearing by an attorney or any other representative of his or her choosing at the Member’s expense. Within one hundred twenty (120) days of the hearing on the Member’s appeal, the Executive Board shall issue a written decision, affirming, modifying, or setting aside the Law Firm’s decision. The RPOAC President may assign a panel of three Directors and himself (to preside) to hear the hearing in place of the entire RPOAC Executive Board.

MISCELLANEOUS

  1. Limitations of Rights

A Member under this Plan agrees to hold harmless RPOAC, its agents and employees, for any action arising from this Plan. RPOAC is simply the collector of payment and acts as a neutral arbiter for disputes between a Member and the administrators of the Plan.

For Northern California For Southern California

(Regions I & II) (Regions III & IV)

Mastagni, Holstedt & Amick Lackie & Dammeier LLP

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