GENERAL EXCLUSIONS FROM ALL BENEFITS OF THE LEGAL SERVICES FUND

 

The Legal Services Fund provides benefits through  allowances only as specifically stated and described herein. Legal Services that have not been so described are excluded from the plan.

As a guide to employees in their utilization of the Legal Benefit package, the following list specifies but does not limit the particular and general exclusions from the plan:

  • Any proceeding or dispute or controversy with or against the Suffolk County Municipal Employees Benefit Fund or Suffolk County Municipal Employees Legal Service Fund or their agents or officers;

  • Any proceeding or dispute or controversy with or against the employer or their agents or officers;

  • Any proceeding, dispute or controversy directed against the Association of Municipal Employees, or any of their officers, agents, or attorneys;

  • Any proceeding, dispute or controversy where there is a prohibition of the Legal Services Fund defraying the cost of such services by provision of law;

  • Any business matter wherein as an officer or shareholder, etc. a member or dependent is directly or indirectly involved;

  • Matters that concern payment of income tax including but not limited to, preparation or filing of income tax returns;

  • Any proceeding, action or controversy where legal fees are payable by virtue of statute or by order of the court;

  • Any proceeding, action or controversy wherein two or more parties pool or combine benefits for the purpose of ascertaining a claim for their mutual benefit, e.g. class actions;

  • Any amicus cariae activities;

  • No benefits or allowances will be paid for services or advice when it involves a duplication of the same service or advice that was previously obtained in connection with the same problem;

  • Any action, dispute, proceeding or controversy in which insurance will cover legal services or through which any government agency or attorney, such as Federal, State or Local, that provides legal services;

  • Any matter that incurred legal expenses that commenced before the employee became eligible to receive the benefit under this plan;

  • Any payment in excess of reasonable and customary fees in Suffolk County for the specific legal matter involved;

  • The Fund will not pay or reimburse members, spouses and/or dependents for court costs and/or filing fees, fines or penalties;

  • Any portion of legal expense for a legal matter that is jointly shared with a person not-covered by the Fund

 

Updated 03/08/2004