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AMENDMENT NO. ONE TO THE PLAN DOCUMENT OF THE PORAC LEGAL DEFENSE FUND (As amended through June 26, 2015)

Posted on Sunday, November 01, 2015 at 12:00AM

Pursuant to Article XI of the Trust Agreement and Article VII of the Plan Document, the Board of Trustees amends the Plan Document as follows:

1. Section (k) of the Summary Plan Description is amended by adding the following as subsections 9 and 10:

          9. Failure by the Participant to respond or cooperate with reasonable requests for information from the Legal Administrator or Board of Trustees relevant to coverage or benefits determinations.

          10. Providing false or misleading information to the Legal Administrator or Board of Trustees.


2. Section 16 of Article 1 (Definitions) is amended by deleting “an attorney ineligible for active membership in a Member Association and” and inserting in its place “a firm, solo practitioner, or an individual attorney employed by a firm and”; so that the section as amended reads as follows:

          16. “Panel Attorney” — a firm, solo practitioner or an individual attorney employed by a firm and selected from time to time by the Trustees to supervise and provide legal services under the Plan.

3. The second paragraph of section 2(c) of Article IV (Exclusions and Limitations) is amended by deleting “if benefits are provided to a Participant based upon misrepresentations by the Participant to the Legal Administrator or the Board of Trustees,” and by inserting in its place “if the Participant fails to cooperate with reasonable requests for information or makes misrepresentations relating to coverage determinations or benefits”; so that the paragraph as amended reads as follows:
Furthermore, if Participant fails to cooperate with reasonable requests for information or makes misrepresentations relating to coverage determinations or benefits, the Legal Defense Fund shall be entitled to terminate or suspend benefits hereunder and to obtain reimbursement from the Participant for the full amount expended by the Fund for services and costs on behalf of the Participant.

4. Section 3 of Article VI (Miscellaneous) is deleted in its entirety, and the following is added in its place:

          3. Confidentiality and Consent to Disclose
         The Participant hereby consents to the release of any information by the provider to the Fund, including to its Trustees or its Legal Administrator, concerning a Participant’s case for the purposes of coverage determinations, expert and attorney performance assessment and evaluation, and billing questions.

Neither the Participant nor the Fund intend by this sharing of otherwise privileged or confidential material to waive the confidential or privileged nature of such information. A provider of services to a Participant pursuant to a Benefit Plan, whether an attorney or a field representative, shall not divulge to third parties matters which a Participant revealed to the provider in confidence. The Fund, including its Trustees or its Legal 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 or receipt of benefits from the Fund. The Fund, including its Trustees or its Legal Administrator, shall, however, be permitted to provide (1) to Member Associations general information concerning that Association’s usage under the Benefit Plan for the purpose of assisting that Association in its budgetary process or in its selection of Benefit Plans or cost containment options offered in the Plan and (2) to Participants educational materials, including discussion of case examples, to assist them in avoiding discipline or other adverse action or to inform them of legal developments of interest to law enforcement.

5. Section 4 of Article VI (Miscellaneous) is deleted in its entirety, and the following is added in its place:

          4. No Employment/Agency

          All Panel Attorneys, Field Representatives, and other providers of service are neither employees, nor agents of the Legal Defense Fund.

6. This amendment is effective on August 6, 2015.

This amendment was adopted by the Board of Trustees at a regular meeting held on August 6, 2015 in San Diego, California.
Fred Rowbotham, Chair
Chris Coulter, Vice Chair

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