Plan Booklet

LEGAL TRUST FUND PLAN BOOKLET

July 1, 2007

Dear Eligible APEA/AFT Member or Fee Payer:

The sole purpose of the Legal Services Plan is to promote well-being and peace of mind to our members and their dependants by providing financial assistance when legal services are necessary. If you are a qualified participant and select a Plan A attorney, covered legal services are paid at 100% up to your maximum benefit level. Non-restricted attorneys (Plan B) not listed in this booklet that charge more than the restricted hourly rate are paid much less per hour until your maximum benefit level is reached. The Plan represents a major part of the comprehensive benefit package most APEA/AFT members now enjoy.

The APEA/AFT, the APEA/AFT Legal Plan or its Trustees do not derive any profit from the operation of this Plan or from the performance of legal services by lawyers under this Plan.

In providing legal services, the lawyer will receive no instruction, direction or interference from APEA/AFT, the APEA/AFT Legal Plan, or its officers, directors or agents. The lawyer's obligations and traditional relationships will be with you ‑‑ the client.

Keep your Plan Booklet with your other important papers so that you may refer to it before seeking legal services. Should you need assistance in understanding or using the Plan, please contact the Legal Trust Plan Administrator in the APEA/AFT Juneau office. Your questions and comments are welcomed and encouraged.

We take pride in serving you.

Board of Trustees
APEA/AFT LEGAL TRUST FUND

Table of Contents

Section 1: General Information & Definition of Terms

Section 2: Benefits Available to You, Your Spouse and Dependents

Section 3: Eligibility

Section 4: Finding an Attorney and Filing a Claim

Section 5: Covered Legal Services

Section 6: Non-Covered Legal Services

Section 7: Plan A Attorneys: Fields of Practice Codes and List Insert

APEA/AFT Legal Trust Fund
211 Fourth Street, Suite 306
Juneau AK 99801
**************************
Juneau: (907) 586-9855 or 586-2334
Within Alaska: (800) 478-9991
Fax: (907) 586-5905
E-mail: kgeiger@apea-aft.org

Section 1
General Information And Definition of Terms

All questions regarding the Legal Services Plan should be directed to the Plan Administrator in the APEA/AFT Headquarters’ Office. Options for contacting the Administrator are listed on the previous page.

Alaska Bar Association: The Plan Office has forms available if you feel your attorney acted unethically if there was a fee dispute.

Board of Trustees: Each Trustee is an agent for purposes of accepting service of legal process on behalf of the Fund. If you wish to communicate to a Trustee in your region you can find the list of the five-member Board on the web site or you may call the Plan Administrator in Juneau.

Board of Trustees’ Authority: The Trustees may, at any time, amend or modify any and all parts and portions of the Plan. The Trustees will have full power and authority to interpret the Plan and all of its provisions. This power and authority include all decisions with respect to the nature and extent of legal services offered, the individuals covered, financing, and structure of the Legal Services Plan.

Death of a Member: If the member should die while meeting the conditions of eligibility listed above, the Plan will pay up to the maximum benefit for probate expenses. No other matter, costs, fees or charges will be covered by the Plan while you do not meet the Plan’s eligibility requirements.

Dependants: See Section 3, Eligibility.

Effective Date of Benefits and Changes: In the event that benefits are modified, changes in coverage or benefits will be applied prospectively to services rendered on and after the effective date of modification. In no event will payment for all legal services on all matters exceed the highest benefit available during the Plan year.

Eligible Bargaining Unit Members: The Plan is maintained by collective bargaining agreements between APEA/AFT and the eligible bargaining units listed in Section 3 of this booklet. The agreements provide that the named employers will make monthly contributions to the Legal Trust Fund for the purpose of enabling the members and fee payers in those bargaining unit members to participate in the Plan. The employer's obligation is to contribute an amount as negotiated in their collective bargaining agreements.

Fiscal Year: The Plan operates on a fiscal year basis. The fiscal year begins on July 1 and ends on June 30. The Plan began providing benefits on July 1, 1980.

Legal Services Plan: Hereinafter referred to as the Plan, is provided by the "Alaska Public Employees Association/AFT Legal Trust Fund." The Plan is sponsored and administered by the APEA/AFT Legal Trust Fund Board of Trustees.

Seasonal Employees: For purposes of this Plan, seasonal defines any member who does not work twelve (12) continuous months of a year and returns from Leave Without Pay (LWOP) status each year.

Six-Month Wait for Newly Bargained Benefit: Once the legal services benefit is negotiated into a collective bargaining agreement, the employer’s first six (6) months of contributions to the Fund will accumulate from the effective date of that agreement. No benefits will be paid on behalf of those bargaining unit members for legal services performed during those first six (6) months. The accumulated contributions will be used as a reserve from which legal services will be paid. Services performed beginning on the first day of the seventh month will be covered.

Tax ID: The Legal Trust Fund is a separate entity from the APEA/AFT. The identification number assigned to the Plan sponsor by the Internal Revenue Service is 92‑0075378.

Taxable Income: Your employer’s contribution to the Legal Trust Fund has been considered taxable income since January 1, 1993. That is when the tax exemption provision of Section 120 of the Internal Revenue Code was removed. There has been legislation in both the House and Senate to reinstate the tax exemption permanently in each congressional session ever since.

Territory: The Plan applies only to legal services, fees, and expenses incurred within the United States or Canada.

Web Site: www.apealegaltrust.org

Please bookmark this address. You may view or print this Plan Booklet (in case your booklet is ever misplaced), check out the highlights of the most recent newsletter, research the most current list of Plan attorneys and download the necessary forms in order to make a claim to the Legal Trust Fund.

Section 2
Benefits Available to You, Your Spouse and Dependents

MAXIMUM BENEFIT

The Plan will pay up to $2,500.00 per eligible member for covered legal fees, expenses and tax each fiscal year beginning July 1, 2006. Legal service expenses incurred during a fiscal year that are in excess of the maximum benefit are not recoverable in any other fiscal year.

FREE TELEPHONE CONSULTATION SERVICE

This enables all members with the benefit to call an attorney for advice on whether or not your matter can be resolved over the phone or if you require legal services. If the matter cannot be resolved over the phone and you are advised to get legal services – you are not obligated to engage the attorneys of the telephone consultation services. They are merely there to listen to your problem and advise you as to whether or not you need an attorney. Thus, no claim forms are necessary - unless you decide to retain their law firm for the necessary services.

Southeast Alaska members: call Baxter Bruce & Sullivan in Juneau at (800) 478-3888. Their office hours are 9:00AM until 5:00PM weekdays.

Southcentral & Northern Alaska members: This service is currently unavailable. Please call the Trust office for guidance.

AID FOR NON-COVERED MATTERS

Of your benefit, the Plan will pay up to one hour, charged on the first invoice only, for a non-covered matter.

Other legal services are available through our affiliate, the American Federation of Teachers. If you have a legal matter that the APEA/AFT Legal Trust Fund does not cover you should call (888) 993-8886 for an attorney near you. For more details, see “If Your Matter is Not Covered” on page 20.

COORDINATION OF BENEFITS

If your spouse is also an APEA/AFT member in one of the eligible bargaining units listed on the next page you may use both of your benefits on a claim, if necessary, or just to divide payments equally between both members’ benefits. Just complete one Member Agreement form and complete the coordination of benefits section.

If your spouse is covered under another legal plan (i.e. ASEA or the Alaska Electrical Fund) you must report their existence on your Member Agreement form to insure proper coordination of benefits. The member with the earliest birth month and day will be considered the primary and their union’s Plan Office will pay first.

In coordinating benefits you cannot, in any event, recover more than the total expense incurred.

Section 3
Eligibility

INITIAL ELIGIBILITY

You, your spouse and dependents may receive services under the Plan if you meet the following requirements:

1. You must be a member or agency fee payer in one of the bargaining units listed below:

   Alaska Higher Education Crafts & Trades Employees (AHECTE or Local 6070)
            Employer: University of Alaska

            Confidential Employees Association
           (CEA or Local 6133)
            Employer: State of Alaska

             Fairbanks North Star Borough
            (FNSB or Local 6125)
            Employer: Fairbanks North Star Borough

             Juneau Education Support Staff
            (JESS or Local 6096)
            Employer: Juneau School District

             Nome Joint Utilities
           (NJU or Local 6138)
            Employer: Nome Joint Utilities

             Professional Labor Organization and APEA/AFT Staff
            Employer: Alaska Public Employees Association/AFT

             Supervisory Unit
           (SU or Local 4900)
            Employer: State of Alaska

2.       You have met all of your financial obligations and are in good standing with the Association. This means you have joined the Association as a member or fee payer and are not in arrearage for any dues or fees.

3.       You have been employed for at least 30 days in one of the eligible bargaining units.

4.       Seasonal employees, or anyone in leave without pay status, are eligible for benefits thirty days past their last day at work and then again on their first day back to work.

5.     You are on your employer's current payroll.

ELIGIBILITY COVERAGE PERIOD

The $2,500.00 maximum benefit level applies only to the fiscal year the services are performed in and not to the legal matter.

You may continue to receive benefits:

§       If you began a legal matter before or on your last day of work. The Plan will continue to cover the cost of services performed in the next thirty days.

§       If you are in leave without pay status for more than thirty days please see Termination of Eligibility below.

TERMINATION OF ELIGIBILITY

Your eligibility for Plan benefits will end when you no longer comply with all the conditions of eligibility or you reach the maximum benefit level in any fiscal year. Also, when a claimed dependant no longer meets Plan standards - coverage for that dependant will end.

Fraud or attempted fraud of the Plan will terminate your benefits and the Plan will not pay accrued charges.

If the member should die while meeting the conditions of eligibility listed above, the Plan will pay up to the maximum fiscal year benefit for probate expenses. No other matter, costs, fees or charges will be covered by the Plan while you do not meet the Plan’s eligibility requirements.

All of these limitations are effective without regard to how far your case has progressed at the time coverage ends, except as modified in the following section.

DEPENDENT COVERAGE

Your spouse and dependants can also use your legal services benefits with your consent. This is not an additional benefit. In order for your dependants to use your benefit - you must complete a Member Agreement form. Your dependants are covered by the same rules and limitations as you under the Plan.

For Plan purposes, your dependants include the following family members if you provide more than one-half of their support and they live in your home with you:

§       Children/stepchildren less than nineteen years of age
§       Siblings/stepsiblings less than nineteen years of age
§       Parents or stepparents

The Plan reserves the right to request documents for proof of dependent eligibility.

Section 4
Selecting an Attorney and Filing a Claim

YOU MAY CHOOSE ANY ATTORNEY YOU WANT BUT…

Plan A Attorneys

The Plan “A” attorneys we have recruited have agreed to lower and restrict their hourly rate and the rate of their paralegals. The Plan will pay 100% of the $2,500.00 maximum benefit each fiscal year for covered services, expense and tax.

     §       Plan A attorneys are restricted to the $140.00 hourly rate.

§       Paralegals of Plan A attorneys are restricted to $75.00 per hour.

Current Plan A attorneys’ names, fields of practice and telephone numbers have been inserted in Section 7 of this booklet. However, attorneys sign up quite frequently (and some drop off) so if your book is old you should check out the current attorneys on the Legal Trust Fund web site at www.apealegaltrust.org.

If the attorney you want to use is not listed in this booklet or on a revised list… they must sign a Master Attorney Agreement form so they can be paid by the Plan. If they are willing to restrict their rate for all APEA members they would sign a Plan A Agreement. If they do not – they would sign a Plan B.

You may use any attorney in the United States or Canada. Out-of-state attorneys not licensed to practice in Alaska must also submit a copy of their Bar Association membership card or Certificate of Good Standing, along with their Agreement.

Plan B Attorneys

Plan B attorneys are not restricted to the $140 per hour rate. These attorneys and paralegals are allowed to bill at their usual hourly rates. When using a Plan B attorney it is important to know their hourly rate so you will know how much you will be paying.

§       Plan B attorneys are paid $60.00 per hour if they charge more than $140.00 per hour.

§       Plan B attorneys and paralegals are paid at 100% if their rates do not exceed $75.00 per hour.

The member is responsible for the remainder of the attorney fee(s) not covered by the Plan. Because we do not list these attorneys - you may call the Plan Office to see if they have a Plan B Master Attorney Agreement already on file so they will not have to sign up again. Covered expenses and tax are always payable at 100%.

PLAN A ATTORNEYS’ FIELDS OF PRACTICE

Plan A attorneys’ telephone numbers and fields of practice codes are listed to make selecting an attorney, to work on your specific case, easier for you.

Other suggestions would be to talk with your friends, family or coworkers about whom they have used for a specific issue. You could also research your local telephone directory for attorneys who specialize in your specific matter; they usually have a specialized ad.

The Alaska Bar Association provides a free referral service although inclusion is not based on merit; attorneys pay to be listed. In Anchorage, their telephone number is 272-0352, Outside Anchorage, call 1‑800‑770‑9999.

EXPLORE THE TOTAL COSTS

When calling for your first appointment and explaining your matter to an attorney, notify them you are an Alaska Public Employee with the legal benefit. After discussing your matter, you should ask the attorney approximately how many hours of service and what expenses will be necessary to handle your case.

This should help you understand what the Plan will cover and approximately what you will have to pay, if anything, out of your own pocket. Remember if using an attorney that charges more than $140 per hour – you will definitely be paying.

The Plan does not cover all matters and certain expenses so please make sure your matter is covered (see Sections 5 and 6).

FILING A CLAIM

Inform your attorney that invoices should be sent directly to the Plan Office for payment. Request that you also be sent copies of your invoices – so that you can track payments from the Plan Office. The required forms must be received at the time the Plan Office reviews your invoice to make sure the client is eligible and the matter is covered. If you are unsure, please call the Plan Office before services are rendered.

If you have reviewed the eligibility and coverage in this booklet… you may leave the forms with your attorney to send in with the first invoice. The only problem with leaving them at your attorney’s office is that if the attorney does not bill the Plan Office until the matter is complete, you may miss the deadline for payment by the Plan Office and the charges would be your responsibility. Please fax the Member Agreement to the Plan Office to be sure your claim is filed timely.

Invoices must include:

§ Social security number and name of the member;

§ Brief title of case;

§ Detailed time records by day and hour, a brief description of the services rendered for that time and the amount charged for that time; and

§ Total hours and charges and any previous balance owed.

REQUIRED FORMS

The Member Agreement authorizes the Plan Office to pay your attorney. It serves as a contract between you and your designated dependants and the attorney for the specific matter. The member must complete this form.

The Case Description indicates the matter you are seeking legal services for and is required to determine coverage for your claim. The attorney should complete this form.

Attorneys must have a Master Attorney Agreement on file in the Plan Office in order to get paid. Listed Plan A attorneys listed already do.

Forms are available:

1)    In this booklet;

2)    At your Plan A attorney’s office;

3)    On the web (apea-aft.org/lt); and

4)    At any APEA/AFT office

BILLING DEADLINE

While monthly invoices are preferred - Invoices are due in the Plan Office no later than August 31 for services performed in the prior fiscal year (July 1 through June 30). The Plan Office will not make any payments on prior year services if the invoice is not received by the deadline date.

It is the sole responsibility of the Member to make sure invoices have been received by the Plan Office. If you received legal services and have not received a bill from your attorney or payment confirmation from the Plan Office – please do not assume it was free. Call the Plan Administrator in Juneau to make contact with your attorney’s billing department to be sure the billing deadline is not missed.

PLAN OFFICE PAYMENTS

The member is sent a copy of the check on the same day payment was made to the attorney. It indicates the amount of the total billing, the Plan's share, and your share if any. You are responsible for fees and expenses not covered by the Plan.

If you paid part or all of a billing, covered by the Plan, directly to the attorney - you must request that the attorney reimburse you for the amount not owed them. The Plan cannot reimburse you – only attorneys can get paid.

DENIED CLAIMS

The Plan Administrator has the authority to approve or deny coverage of a matter, based upon the forms and/or bill(s) submitted on your behalf, or other information the Plan Office may receive.

In the event you do not agree with a denial of benefits because of eligibility, duration, coverage of benefits, or payment under the Plan, please contact the Plan Administrator to discuss your claim further.

If you still do not agree with the denial of your claim, you may appeal the Plan Administrator’s decision before the Board of Trustees or a committee appointed by the Board for a claim review. Your appeal must be in writing, stating the reasons for your objections to the Board of Trustees within 60 days after being apprised of the Plan Administrator's action. Upon request, the Administrator will send you a copy of the Appeal Rules and Procedures.

ATTORNEY RESPONSIBILITY

Collections of attorney fees are the responsibility of the attorney. The attorney must use his/her own judgment in determining your ability to pay – as is done with any client. It is not mandatory that an attorney from the Plan A list take your case. The APEA/AFT Legal Trust Fund is not liable for any fees that remain unpaid.

Plan A attorneys will not promote or publicize their status as such, accept as may be consistent with the Code of Professional Responsibility. The Plan Office advertises their services to its members in the Plan Booklet, at the web site and on fax lists.

Each attorney will keep accurate records concerning each Plan participant advised or represented. The information to be maintained is the subject on which advice was given or representation offered or provided, the length of any conferences, the time spent in providing advice or representation, the disposition of the matter and any charges made for legal services. These records will be preserved for at least two years after the matter involved is terminated. Each attorney will make such records available at the request of the Plan Administrator.

Your attorney must reimburse the APEA/AFT Legal Trust Fund, by preference and priority, for any legal service fees and expenses paid by the Plan in such amounts as are recovered from the third party. This includes costs and attorney fees recovered from the opposing party. The Plan is entitled to all of the recovered amounts until it has recouped all of its expenditures in that particular matter. Your benefit limit will then be increased by that amount.

Section 5
Covered Legal Services

Covered matters are personal in nature and cannot relate to a business or any kind of a for-profit situation. Most covered legal matters are listed on the Case Description form. Please check with the Plan Administrator before legal services are rendered if you are unsure. Following are descriptions of many of the legal matters covered by the Plan.

Civil Litigation

Reasonable fees and expenses for trials and civil administrative hearings, including pleadings, briefs, and appearances before any court or administrative agency, unless such litigation is excluded under another part of the Plan.

Consumer Transactions

Claims or lawsuits arising from your purchase of goods and services for personal use or consumption and claims against you for unpaid bills or charges for the purchase of consumer products.

Document Preparation

Includes charges for time spent gathering information relative to the preparation of the document for personal use. Examples of documents covered by the Plan are:

§       Consumer Contract

§       Deed

§       Lease

§       Power of Attorney

§       Quiet Title to Real Estate

§       Immigration related

Estate Planning & Wills

Includes the preparation of simple wills to extensive estate planning documents for spouses and covered dependents. However, estate planning that includes any business ventures should be billed separately and directly to the member/client.

Family Law

These matters customarily include the following services:

§       Adoption

§       Annulment

§       Child custody/ support or modification of decree

§       Divorce or modification of decree

§       Guardianship

§       Mediation

§       Name change

§       Premarital agreements

§       Property settlement agreements

§       Separation, legal

Investigating Services and Expenses

The Plan will pay the following expenses when related to a covered matter:

§       Courier/messenger services

§       Depositions, transcribing, or stenographic fees

§       Filing fees

§       Investigating and research expenses performed by an attorney or others under their direction in ascertaining facts, finding and taking statements of witnesses, and gathering information of any kind that may reasonably be necessary for adequate legal representation.

§       Long distance toll calls, telegrams and faxes

§       Photography exhibits or other necessary photographic use

§       Printing, copying, and postage

§       Publication costs

§       Scientific or technical assistance, reports, surveys or tests, including medical examinations

§       Server process fees

§       Witness fees

Personal Bankruptcy

Coverage is provided whether you are just consulting or actually filing.

Probate

This includes legal assistance that your survivors may need in handling your estate. If the member should die while meeting the conditions of eligibility, the Plan will cover up to $1,350.00 for probate expenses, without regard to the fiscal year limitation. No other matter, costs, fees or charges will be covered by the Plan while you do not meet the Plan’s eligibility requirement. While the primary purpose of this Plan is to provide legal services to members while in active employment, the estates of participants may be probated or administered, and benefits provided to the executor, administrator or appointed personal representative of the estate.

The benefit also provides for legal representation where you are, or should be, recognized as a beneficiary, heir, or next of kin.

Real Estate Transactions

Representation under this topic may involve the review, preparation, and examination of all documents concerning the purchase, sale, or transfer of your personal residence. Personnel residence could also be defined as your vacation home if not used as rental property when you are not occupying it.

If any part of the personal residence is or will be used as rental property, see Section 6, Non-Covered Services. You should contact the Plan Office immediately to determine coverage.

Other covered real estate transactions are:

§       Defense of mortgage foreclosure actions against you as the owner of your personal residence.

§       Refinancing programs involving a mortgage on your personal residence.

§       Representation for the purchase of land for construction of a home for your personal residence.

Small Claims

An attorney may represent you if you do not wish to represent yourself in a small claims court proceeding.

Tenant Rights

The services under this topic include representation of you as a tenant only, and may involve:

§       The lease of property for personal use.

§       Representation in an eviction action against you for the nonpayment of installments under the contract.

§       Problems you may have with your landlord regarding failure to provide proper and necessary services or other difficulties that may arise.

Section 6

IF YOUR MATTER IS NOT COVERED

The Plan will cover up to one hour for a non-covered matter charged on an initial billing.

Other legal services are available through our affiliate, the American Federation of Teachers. They offer free and discounted legal services if you have a legal matter that the APEA/AFT Legal Trust Fund does not cover. For participating attorneys near you call (888) 993-8886. This benefit is available to all APEA/AFT members; not just those covered by the Legal Trust Fund. You must be a member (APEA/AFT Agency Fee Payers do not have this benefit) and you must tell the AFT Representative your social security number to verify your membership status.

This AFT legal service benefit applies to you and your immediate family only:

§       Free thirty-minute consultation;

§       Free document review;

§       No enrollment fee; and

§       30% discount on complex matters.

The Plan’s intent is to provide basic personal legal assistance enabling the average family to retain a lawyer when necessary. The following types of matters are specifically excluded from coverage under this Plan.

Actions Whose Costs are Frivolous or Disproportionate to the Possible Benefits

§       Actions, which in the judgment of the attorney, are frivolous or are disproportionate in legal cost to the possible benefits to be gained.

§       Any case, which in the opinion of the attorney is so devoid of merits as to render its prosecution impractical or not in your best interests.

Attorney Fees Assessed Against You

Attorney fees that are assessed against you by the court; these are not attorney fees.

Attorneys Not Licensed

Legal services provided by attorneys not licensed to practice in Alaska or the state in which they perform the legal services or an attorney (U.S. or Canada) who is not in good standing with his or her Bar Association.

Attorneys Related to you or Your Dependants

Attorney fees and expenses are not covered if you or your dependants are related to the attorney by blood, marriage, adoption or if they reside in your home.

Business Ventures

Services in connection with any business venture or other matter in which, for federal income tax purposes, the cost of legal services would constitute a business expense or capital investment.

Any venture, whether or not the legal expense is considered a deductible expense for federal income tax purposes, where the purpose is to generate a profit.

Class Actions, Interventions or Amicus Curiae Filings

Any action not involving your personal, immediate and direct interest.

Contingent Fee Cases

Any case in which you are a plaintiff or claimant and a contingency fee is normally and customarily charged.

This matter is excluded because methods of financing attorneys' fees already exist. For example, if you are injured in an automobile accident and the driver of the other car seems to be at fault for the accident, an attorney will typically represent you for a percentage of any damages that you may recover from the other driver. If no damages are recovered, your attorney will get no fee for his or her services. This is called a "contingency fee arrangement" because the attorney's fee is contingent on recovery.

Criminal, Juvenile and Traffic Litigation

Any expenses or fees incurred in connection with criminal or juvenile matters.

Any expenses or fees in connection with traffic infractions and violations, including but not limited to:

§       DWI (driving while intoxicated) charges

§       Legal services in defense of a violation of public law

§       Parking tickets

§       Speeding tickets

Duplication of Services

Services or advice previously obtained in connection with the same problem previously claimed under the Plan.

Employment Matters

Any judicial, administrative, arbitration, or other proceeding, problem, or controversy involving any employer or its officers, agents, or employees arising under the National Labor Relations Act, the Labor Management Relations Act, the Alaska Public Employment Relations Act or any other controversy in the nature of a labor‑management or employment dispute, or where otherwise prohibited by law.

Expenses

§       Clerical

§       Flat fees

§       Interest on overdue balances

§       Parking

§       Retainers (a deposit before services are performed)

§       Time spent in preparing billings

§       Time spent reviewing and completing Plan information

§       Travel and per diem expenses of a lawyer or investigator

Flat Fees

Your attorney must bill legal services at an hourly rate in order to receive payment from the Plan.

Income Tax Return Filing or Expenses

Expenses for services arising out of completing or filing your personal income tax return. However, the Plan will cover fees for an attorney to represent you if you are audited, unless some exclusion applies (such as a business venture).

Legal Representation if Available from Other Sources

Any legal proceeding in which you are entitled to legal representation or reimbursement for the costs, from any source other than this Plan, regardless of whether or not you exercise this right to legal representation or reimbursement. However, legal service benefits under other group legal services may be coordinated with this Plan (see Section 2, Benefits Available to You, Your Spouse and Dependants).

Any case in which defense or other legal representation is provided through any policy of insurance, except to such extent as may be reasonably necessary to protect your interest in connection with questions of coverage or liability over and above the policy or contract limits.

If, by reason of indigence or low income, you are entitled to legal services provided by governmental or voluntary agencies, you may still obtain benefits from the Plan.

Parties to the Plan

Any judicial, administrative, arbitration or other proceeding, problem or controversy that involves any party to this legal services Plan. The parties are the following employers who contribute to the Legal Trust Fund:

§       APEA/AFT

§       APEA/AFT Legal Trust Fund

§       Fairbanks North Star Borough

§       Juneau School District

§       Nome Joint Utilities

§       State of Alaska

§       University of Alaska

§       Other participating employers, their officers, agents, and employees that become parties subsequent to the printing of this booklet.

Payments

Payment of fines, assessments, penalties, forfeitures or civil damages in any action, proceeding, or matter for which you or your dependant is, or may be found liable.

Real Estate Transactions Not for Personal Residence

Real estate or housing transactions that do not involve your personal residence or rental portions of your personal residence.

If part of your personal residence will be used as rental property, your attorney will have to bill you directly for any time spent working on the rental portion of the transaction.

Section 7
Plan A Attorneys

The following inserted list of Plan A attorneys and firms have agreed to restrict their hourly rates for eligible APEA/AFT members. You may use any Law firm you want but these attorneys may not charge more than $140.00 per hour and their paralegals may not charge more than $75.00 per hour.

By providing this list of attorneys, we are not attesting to their abilities. We merely recruited a group of attorneys who will work at a reasonable rate for our members.

The most recent list of Plan A attorneys may be found at www.apealegaltrust.org .

FIELDS OF PRACTICE CODES:

A   General Practice

B   Civil Litigation

C   Personal Injury

D   Estate Planning/Wills (includes Probate)

E Consumer Transactions

F   Personal Bankruptcy

G Family Matters

H   Real Estate Transactions

I    Tenant Issues

J   Will Preparation only

K   Mediation only

L   Adoption only

M Immigration

See Attorneys List

Plan Booklet

MAXIMUM BENEFIT

Claims or lawsuits arising from your purchase of goods and services for personal use or consumption and claims against you for unpaid bills or charges for the purchase of con­sumer products.

Duplication of Services

Services or advice previously obtained in connection with the same problem previously claimed under the Plan.

Claims or lawsuits arising from your purchase of goods and services for personal use or consumption and claims against you for unpaid bills or charges for the purchase of consumer products.