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Exceptions
Even though you may be eligible for legal services, there
are some limitations on when you can use Plan Counsel if a conflict of interest
exists. These limitations are:
- In disputes between an eligible employee and
spouse, or dependent on covered matters. Plan Counsel cannot represent both
sides in a dispute because that would create a conflict of interest. Plan
Counsel can represent only the covered employee.
- In disputes between eligible employees and/or retirees on covered
matters, they may decide who will utilize Plan Counsel. The other eligible
individual will be required to utilize alternate counsel selected and paid
for by the Fund. Services will be rendered under the same terms and
conditions as described in this Plan.
- If your spouse or dependent child has an ongoing case and ceases to be
eligible for coverage, you are to notify Plan Counsel or the fund
coordinator of that fact. This prevents your account from being charged for
these hours.
- If your employment with the Board of Education is terminated, your
benefits for legal services will cease the day immediately following the
date of termination. However, active files still open prior to the date of
termination will be completed subject to the provisions of the Plan.
- The Trustee shall have the right for good cause, to suspend or terminate
a participant’s eligibility.
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