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AMENDMENT NO. ONE TO THE PLAN DOCUMENT OF THE PORAC LEGAL DEFENSE FUND

Posted on Tuesday, November 01, 2016 at 12:00AM

Pursuant to Article VII of the Plan Document and to Article VI, Section 3 of the Trust Agreement, the Board of Trustees of the PORAC Legal Defense Fund hereby amends the Plan Document as follows:
1. The existing language of Subsection (a) (Employment Practices) of Section 1 (Exclusions) of Article IV (“Exclusions and Limitations”) of the Plan Document is renumbered as Subdivision (i) under Subsection (a).

2. The following language is added as Subdivision (ii) under Subsection (a) of Section 1 of Article IV of the Plan Document:
(ii) No benefits shall be provided under the Plan for any action brought by a Participant or against a Participant with respect to any employment practice or benefit, including but not limited to 1) a civil suit by a current or former employer for recovery of alleged overpayment of wages, sick leave or other benefits 2) any disciplinary, criminal or civil action concerning a participant’s application for employment, or a participant’s application for a change of position with a current employer, or 3) civil or criminal proceedings concerning allegations of workers’ compensation fraud or abuse.

3. The title and the initial language of Section (k) of the Summary Plan Description is amended to read: “Circumstances Which Will Result in Ineligibility, Denial or Termination of Benefits: As of the date the earliest of the following occurs, benefits shall automatically cease both as to cases for which a Participant is receiving benefits and as to events involving a Participant which occur after that date.” [Subsections (1)-(10) remain unchanged.]

4. The effective date of this amendment is September 16, 2016.
This amendment was adopted by the Board of Trustees at a regular meeting held on September 16, 2016, in Sacramento, California.

Fred Rowbotham, Chair
Chris Coulter, Vice Chair

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