SUFFOLK COUNTY MUNICIPAL EMPLOYEES LEGAL SERVICE FUND

 

DOMESTIC RELATIONS REPRESENTATION

Who is eligible

Member involved in a matrimonial matter requiring legal representation.

What is the benefit

Representation by an attorney in a separation, annulment, or divorce.

  • Uncontested matters are those resolved up to and including a pre-trial conference.

  • Contested matters are those not settled at the pretrial conference but settled prior to an actual court trial.

  • Litigated matters are those resolved only after a Supreme Court trial and include any referral to and representation at Family Court.

  • Benefit allowance

  • Uncontested Separation, Annulment or Divorce Up to $ 500

  • Contested Separation, Annulment or Divorce Up to $ 600

  • Litigated Separation, Annulment or Divorce U p to $ 700

  • Limitations

    Domestic relations benefits limited to one per elapsed year.  Example: If a separation is completed by June 15, 2000, you would not be eligible for payment on a divorce action until after June 15th, 2001.

    Allowances will be reduced if court awards payment of attorney's fees or portions thereof. Combined payments may not exceed fees charged.


     

    COURT-ORDERED SUPPORT

    Who is eligible

    Member who is involved in an action for support, modification of an existing support order, or an enforcement proceeding concerning a support order.

    What is the benefit

    Legal advice and representation in a court proceeding to award or modify support payments, or to commence or defend contempt or enforcement proceedings.

    Benefit allowance

    Up to $275 maximum per calendar year for combined matters.

    Limitations

    Covers only proceedings not commenced in conjunction with a divorce, separation or annulment.


     

    VETERAN AND SERVICEPERSON'S RIGHTS

    Who is eligible

    Member, or dependent as defined by the Fund, seeking remedial action in relation to a denial of their veteran's rights by any military board or agency of the United States government.

    What is the benefit

    Legal services in:

  • a denial of veteran's benefit or right

  • changes in type of military discharge

  • cases of court martial

  • connection with military boards convened for the purpose of imposing a penalty, an administrative discharge or a less than honorable discharge from military service.

  • Benefit allowance

  • Legal advice and counsel upon a denial of a veteran's right for benefit Up to $ 125

  • Legal representation to effect changes in types of military discharges Up to $ 400

  • Legal representation in convened court-martial or military boards Up to $ 750

  • Limitations

    Only the above stated matters that relate directly to member or dependent's rights as a veteran are covered by the plan.


     

    $ 50 DEDUCTIBLE BENEFITS

    NOTE: Members, or dependents as defined by the Fund, are required to pay the first $ 50 of the fee for the following legal services in order to be eligible for these allowances.


     

    TRAFFIC VIOLATION REPRESENTATION MISDEMEANOR

    Who is eligible

    Member, or dependent as defined by the Fund, who is charged with a traffic violation misdemeanor.

    What is the benefit

    Legal services are covered during the defense of alleged violations of the vehicle and traffic law before a court or administrative agency. The matter must be of a serious nature that may affect the status of the defendant's driver's license.

    Benefit allowance

  • Without Trial Up to $ 225 after deductible

  • With Trial Up to $ 375 after deductible

  • Limitations

    Member or dependent must be the driver of the vehicle charged with the alleged violation. Multiple allowances for violations received on the same date are payable only if trials are held on different dates.


     

    TRAFFIC VIOLATION REPRESENTATION OTHER THAN MISDEMEANOR

    Who is eligible

    Member, or dependent as defined by the Fund, who has been charged with a traffic violation.

    What is the benefit

    Legal services are covered during the defense of an alleged traffic violation when the status of the alleged violator's driver's license is adversely and seriously effected and must be determined by administrative adjudication.

    Benefit allowance

    Up to $175 after deductible

    Limitations

    Member or dependent must be the driver of the vehicle. Multiple allowances for violations received on the same date are payable only if adjudicated on different dates.


     

    AUTOMOBILE DEFENSE OVERAGE MATTERS

    Who is eligible

    Member, or dependent as defined by the Fund, who is a defendant in an action involving a vehicle.

    What is the benefit

    Legal services for the defense of an action involving operation of vehicle wherein damages or personal liability exceed face amount of insurance policy.

    Benefit allowance

    Up to $450 after deductible

    Limitations

    Overage cases only: That is a suit for damages that would exceed the face amount of the insurance policy. Legal representation provided by insurance companies is not reimbursable.


     

    DEBT COLLECTION DEFENSE

    Who is eligible

    Member, or dependent as defined by the Fund, who is a defendant in a claim involving debt collection.

    What is the benefit

    Defense in a legal action started against the defendant involving their rights in resisting a claim before the District Courts and Supreme Court of the County of Suffolk.

    Benefit allowance

  • Without trial, District Court Up to $ 300 after deductible

  • Without trial, Supreme Court Up to $ 400 after deductible

  • With trial, District Court Up to $ 450 after deductible

  • With trial, Supreme Court Up to $ 550 after deductible

  • Limitations

    Only one debt collection allowance is permitted per calendar year.


     

    LEGAL DEFENSE BENEFIT IN OTHER CIVIL MATTERS

    Who is eligible

    Member, or dependent as defined by the Fund, who is resisting a claim that does not fall within any of the specified benefits listed in this booklet.

    What is the benefit

    Defense in a civil legal proceeding in which the member or dependent is a named defendant in an action brought before a court or agency involving his or her rights.

    Benefit allowance

  • Without Trial Up to $300 after deductible

  • With Trial Up to $550 after deductible

  • Limitations

    Coverage is limited to cases brought before the following or similar bodies for adjudication:

    Supreme, Surrogate's and District Courts of Suffolk County; United States District Court for the Eastern and Southern Districts of New York; United States Customs Court; Supreme, Surrogate's and County Courts of New York, Brooklyn, Queens, Richmond, Bronx, Nassau, Rockland, Putnam and Westchester Counties; Civil Courts of New York, Brooklyn, Queens, Richmond and Bronx Counties; District Court of Nassau County, Administrative Agencies and Bureaus.

    Examples of this legal defense benefit would be costs of a lawsuit alleging breach of contract or a lawsuit concerning a garnishment or medical expense claims. Such problem maybe successfully resolved after consultation or it may require steps leading to actual representation and defense before an administrative agency.

    Reminder: Matters involving businesses owned or operated by member or dependent are not covered.


    CONTINGENT FEE MATTERS

    PERSONAL INJURY (NEGLIGENCE) MATTER

    Payment for this type of legal proceeding is customarily by contingent fee. Anyone who desires legal services in connection with the commencement of a claim for personal injuries suffered as a consequence of negligence can contact a law firm of their choice. However, the legal counsel who you choose has a right to judge whether the case is worthy of prosecution before acceptance of your retention.

    A $35 consultation benefit is payable if the law firm you consult is not retained and charges you a consultation fee.

    Contingent fee matters are those in which a recovery of monies is attempted through a legal action, with an agreement with your attorney that fees are charged only if the action is successful. Generally, the fee is stated as a percentage of the recovered amount. It is customary, whether the litigation is successful or not for you to reimburse your attorney for most costs incurred by his office. These costs include disbursements, charges and other expenses such as police and medical investigative reports, costs of serving subpoenas, witness fees, etc.


    ESTATE SETTLEMENT

    Who is eligible

    Member, or dependent as defined by the Fund who is a named heir to an estate.

    What is the benefit

    Preliminary legal services in connection with the probate or settlement of an estate.

    Limitations

    Inasmuch as fees are generally set as a percentage of the estate no benefit allowance is payable other than a $35 consultation benefit.

    Updated 11/05/2002