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AMENDMENT NO. 2 TO THE PLAN DOCUMENT OF THE PORAC LEGAL DEFENSE FUND (As amended through September 16, 2016)

Posted on Tuesday, August 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. Section (j) of the Summary Plan Description is amended by renumbering current Subsection 3 as Subsection 4 and by adding the following as Subsection 3: “Individuals who are Qualified Law Enforcement Officers as set forth in Plan V of the Plan Document shall be entitled to participation and benefits under Plan V upon payment of the required contributions and submitting a fully complete application, provided each such individual satisfies the requirements of Plan V.”
2. Article III (Benefits), Section 12 is hereby deleted.
3. The following is added as Article III (Benefits), Section 12:
12. Benefit Plan V — Retiree Coverage
(a)  A Participant who is a Qualified Retired Law Enforcement Officer and a member of RAM shall be entitled to:
(1) Legal representation in any civil or criminal action brought against him or her arising from the use of a firearm in defense of self or others where an imminent threat of serious bodily harm to self or others is present.
(2) Legal representation in any criminal action brought against him or her arising from the possession of a concealed firearm that is not precluded under local law.
(b)  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.
(c)  For purposes of Benefit Plan V, a Qualified Retired Law Enforcement Officer is defined to mean an individual who:
(1) retired from a public agency for (a) service, provided the individual had served as a law enforcement officer with one or more public agencies a total of 10 complete years, or (b) a service-connected disability, provided that the disability was not mental instability and further provided that any applicable probationary period was satisfactorily completed prior to retirement; and
(2) is receiving retirement or pension benefit payments; and
(3) immediately before retirement, possessed peace officer powers and was authorized by law to engage in the prevention, detection and investigation of any person for any violation of law and had statutory powers of arrest or apprehension; and
(4) during the 12-month period prior to the incident giving rise to a claim for coverage has met the standards for qualification in firearms training for active law enforcement officers, as determined by:
i) the agency from which the participant retired, or
ii) the State in which the participant resides, or
iii) if the State has not established such standards, by one of the following:
A. a law enforcement agency within the State in which the individual resides; or
B. a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State, and who produces written proof to the Legal Administrator of the Participant having met the standards to qualify; and
(5) at the time of the incident was not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and
(6) is not prohibited by state or federal law from carrying a firearm; and
(7) has not been found by a qualified medical professional to be unqualified to carry a firearm due to mental instability; and
(8) has not entered into an agreement with the agency from which the participant retired in which the individual acknowledged he or she is not qualified to carry a firearm for reasons related to mental health; and
(9) possessed the identification described in Subsection (d) of this section.
(d) The identification required under this section is a photographic identification card issued by the agency from which the Participant retired which indicates that the Participant has been employed as a police officer or law enforcement officer by that agency.
(e) Excluded from coverage under this Benefit Plan V are incidents arising from domestic violence or from military service or the use of weapons in sport or hunting, incidents occurring outside of the United States, incidents arising from employment as a private investigator or in a private security capacity or other employment, incidents among family members, and incidents occurring before the effective date of coverage or after the effective date of the termination of coverage.
(f) Participants enrolled in Plan V as of March 17, 2017 are deemed to satisfy Subsections (c)(1), (2) and (3) of this section.
4. The effective date of this amendment is April 28, 2017.

This amendment was adopted by the Board of Trustees at a regular meeting, held on April 28, 2017, in Sacramento, California.

Fred Rowbotham, Chair
Chris Coulter, Vice Chair

PORAC Legal Defense Administrator Ed Fishman Testimony: Law Enforcement Use of Body Cameras.