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AMENDMENT NO. 1 TO THE PLAN DOCUMENT OF THE PORAC LEGAL DEFENSE FUND (As amended through September 16, 2016)

Posted on Monday, May 01, 2017 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 last sentence of Section (q) of the Summary Plan Description is amended by deleting “120” and inserting “5” in its place.
2. Sections 9 and 11 of Article III (Benefits) are hereby repealed.
3. The following is added as Section 9 of Article III (Benefits):
9. Matters of General Importance.
(a) Participants are entitled to apply for coverage for matters of general importance, including for issues that do not directly benefit them but that advance the interests of plan participants.
(b) Coverage under this section may include but is not limited to preparing amicus briefs, initiating litigation, and intervening in litigation.
(c) Applications for coverage under this section shall be submitted to the Legal Administrator who shall in the exercise of its sole discretion determine whether the application sets forth a matter of general importance and whether there is a reasonable likelihood of success on the merits.
(d) Applications granted by the Legal Administrator shall be reported to the full Board of Trustees at its next regular meeting.
(e) Applications not granted by the Legal Administrator may be appealed by the applicant to the Board of Trustees.
(f) Appeals under this section shall be conducted in accordance with the provisions of Section 6 of Article V.
(g) The term “matters of general importance” is defined to mean matters that are currently being litigated or are capable of being litigated and that are determined by the Legal Administrator or the Board of Trustees in the exercise of their sole discretion to be of long-lasting and substantial importance to peace officers or public safety personnel, including but not limited to matters concerning due process in administrative disciplinary proceedings, issues of statutory disciplinary process, criminal law issues of importance to public safety personnel (such as issues of qualified immunity), and other issues of importance that are directly related to law enforcement or public safety terms and conditions of employment. A matter of general importance may also include an issue that can advance plan participant interests by being addressed in a pre-litigation context or in a context to avoid litigation, although lobbying for legislation shall not normally be considered a matter of general importance.
(h) Absent compelling circumstances as determined by the Legal Administrator or the Board of Trustees in the exercise of their sole discretion, an application shall not be granted if a reasonable likelihood of success is not present.
(i) Grants of coverage under this Section shall be subject to such conditions and limitations as are imposed by the Legal Administrator or the Board of Trustees.
4. Current Sections 11–12 of Article III (Benefits) are renumbered as Sections 10–11 and conforming changes are made throughout the Plan Document.
5. The heading of Section 6 of Article V (Claims Procedures and Contractual Limitations Period) is expanded to read: “Appeal Procedures for Denials of Coverage Under Regular Coverage (Sections 1–4 and 11 of Article III)”.
6. The phrase “under Sections 1–4 or 12 of Article III” is added before “made by a Participant” in the first sentence of Section 6(a) of Article V (Claims Procedures and Contractual Limitations Period).
7. The “and” at the end of Section 6(a)(4) of Article V (Claims Procedures and Contract Limitations Period) is deleted.
8. The following is added to the end of Subsection (a)(3) of Article V (Claims Procedures and Contractual Limitations Period):
“a statement of Participant’s right to bring an action under ERISA section 502(a); and”.
9. The following is added as Subsection (a)(5) to Section 6 of Article V (Claims Procedures and Contractual Limitations Period):
(5)  A statement that the Participant is entitled to receive upon request and free of charge reasonable access and copies of documents, records, and other information relevant to the Participant’s claim.
10. The last sentence of Section 6(b)(2) of Article V (Claims Procedure and Contract Limitations Period) is amended by deleting “one hundred twenty (120) days” and inserting “five (5) days of the conclusion.”
11. The effective date of this amendment is November 15, 2016.

This amendment was adopted by the Board of Trustees at a regular meeting, held on February 17, 2017, in Sacramento, California.
Fred Rowbotham, Chair
Chris Coulter, Vice Chair

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