TEAMSTERS JOINT COUNCIL 42
LEGAL BENEFIT PLAN

Contact:  Group Legal Consultants, Inc.
(
www.grouplegal.com)
Administrator
P. O. Box 3417
Burbank, CA 91508-3417
Telephone: (800) 767-7121
Email:  grouplegal101@aol.com

$10.25 PER-MONTH PER-EMPLOYEE, based on a work month of 173 hours. The hourly contribution rate of  $.06 cents per hour delivers to the member the COMPREHENSIVE LEGAL BENEFIT PLAN described.

THE TEAMSTERS JOINT COUNCIL 42 LEGAL PLAN IS DESIGNED TO GIVE INFORMATION TO ALL TEAMSTER OFFICERS AND BUSINESS AGENTS, AND MEMBERS  OF BENEFITS OFFERED BY THE LEGAL PLAN AND THE COST AND VALUE OF THE PLAN TO EACH EMPLOYER. THE TRUST IS A TAFT HARTLEY TRUST WITH UNION TRUSTEES AND EMPLOYER TRUSTEES.

THE CONTRIBUTION MUST BE MADE THROUGH A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE UNION AND THE EMPLOYER.

THE BENEFIT EXTENDS TO SPOUSES AND CHILDREN UNDER THE AGE OF 19 YEARS.

A visit to an attorney for a legal matter may cost you a minimum retainer of $2,000.00. This equals contributions made on your behalf over a period of 16 years.

BENEFIT DESCRIPTION

ADMINISTRATIVE PROCEEDINGS

Benefits under this section include advice and representation in matters involving federal, state and local governmental agencies. Examples of some of these agencies and types of problems include:

• Motor Vehicle Bureau - proceedings involving your driver's license
• Internal Revenue Service - problems with Income Tax audits or delays in getting refunds
•  Immigration and Naturalization Service - assistance with green cards, applications, hearings, permits
• Veterans Administration - problems in applying for or receiving benefits
• Social Security Administration - problems in applying for or receiving benefits
• Taxing Authorities - problems with state or local agencies involving assessments, real or personal property assessments
• Federal Aviation Administration Proceedings
• National Transportation Safety Board Inquiries
    ...AND MANY OTHERS...



ADVICE AND CONSULTATION

In many instances an attorney can answer questions or provide assistance over the telephone or in a short office conference. This benefit allows participants to contact an attorney about any personal matter. For example, you may wish to contact an attorney about:

•  Tax questions
•  Investment advice
•   Problems with neighbors
•  Problems with Insurance companies
•  General family problems
•  ...and many other questions you may have

CIVIL LITIGATION AND CONSUMER COMPLAINTS

The Plan provides legal services to its members in a wide variety of proceedings or matters which are not in any way related to "criminal" proceedings and thus are termed "civil" proceedings.

Examples of some of the areas where advice and representation are provided include:

•  Name Changes - proceedings to legally change a name
• Correction of Public Records or Documents - proceedings necessary to correct errors or mistakes which may involve real estate, birth certificates, licenses or permits
•   Insurance Claims - problems with an insurance company in making claims or receiving payment
• Property Line Disputes - problems with neighbors regarding a fence or other obstruction on your property
• Property Line Disputes - (most states do not allow an attorney to appear in court but advice and assistance are provided)

CONSUMER COMPLAINTS

IF YOU ARE SUED OR NEED TO SUE...

The Plan provides legal assistance to any of its members who may have purchased an item which is faulty or otherwise does not live up to the claims of its manufacturer. Also provided is assistance to members in enforcing WARRANTY provisions and in situations where unsatisfactory services or repairs have been rendered. Some examples of the services provided under this benefit are:

• Auto Repairs - problems with repairs which are unsatisfactory or which exceed estimates or bids
• Home Remodeling or Repairs - problems with contractors who do not complete repairs or remodeling satisfactorily or attempt to overcharge
•   Stuck With a Lemon - problems getting refunds or exchanges when you have purchased faulty merchandise
•  Warranty Service - problems enforcing warranty provisions when you purchase an item which is covered

The plan also provides advice and representation to any member who is sued or taken to court by a merchant or repairman who is attempting to collect on a bill for merchandise purchased or services rendered. If the merchandise is faulty or the repairs unsatisfactory, you may not be liable to pay the full price and need not be intimidated by threats of legal actions against you.

Example: A repairman may not have done his job properly or an article has been delivered in faulty condition or in disrepair. If you do not pay the full amount of the bill, it may be turned over to a collection agency. This benefit provides assistance and representation through all stages of the proceedings.

• Creditor Claims - if someone who owes you money, services, or merchandise declares bankruptcy, this benefit provides assistance and representation in preparing claims and in the bankruptcy proceeding.

CRIMINAL MATTERS

•  Provided under this benefit is representation of misdemeanor criminal offenses, including youthful offender proceedings.
• Coverage is provided for representation through arraignment and bail setting, entry of plea, motions directed to the charge, appearances, hearings and trial.
•  FELONY CASES ARE NOT COVERED.

DOMESTIC RELATIONS (FAMILY AND MARITAL MATTERS)

DOMESTIC PROBLEMS

In matters concerning divorce or dissolution, separation or annulment, benefits are provided on the basis of one such action or proceeding in each three (3) year period. Children of participants are not eligible for these benefits.

The plan provides representation, advice and consultation to the member only.

Matters that are frequently covered under this benefit include the following:

• Petitions for Divorce or Dissolution
•   Answers or Responses to Petitions for Divorce or Dissolution
•  Modifications of Prior Decrees - actions involving requests for  increases or decreases in the amount of child support or requests for a change in the custody of children
• Legal Separations - actions which involve the legal separation of spouses but in which the marriage is not legally dissolved

WILLS AND ESTATE PLANNING PROBATE AND ADMINISTRATION

A. WILLS AND ESTATE PLANNING

Each participant and eligible dependents are entitled to have a Last Will and Testament, Will with Simple Trust, or Will With Marital Residual Trust prepared on the basis of once every two (2) years unless circumstances require a change sooner.

The plan provides advice, counseling and preparation of necessary documents for all members regarding the disposition of their estates after death. In many cases, an attorney can assist in minimizing estate and inheritance taxes and insuring that property passes according to the wishes of a deceased without unnecessary delay or inconvenience. The Panel Attorney will discuss with each member the necessity of a Will and the type each should have in order to carry out the wishes of the member and protect the family and estate.

B. PROBATE AND ADMINISTRATION OF ESTATES

Most states require that the property of a deceased pass through a court procedure called "Probate" or "Administration." The Plan provides representation, advice, and assistance to the member and spouse only for the estate of the member or spouse  who is entitled to be appointed personal representative, executor, or administrator of the member or spouse’s estate.

FINANCIAL COUNSELING

This benefit includes the following coverage:

• Personal Bankruptcy - This benefit offers the advice and counseling of an attorney to review all assets and liabilities. Entering bankruptcy usually releases the individual from further obligation to pay certain debts. However, it may result in the loss of real and personal property.
• Joint Bankruptcy - This benefit allows both the member and spouse to file together for bankruptcy, releasing both parties from further obligation to pay certain debts. However, it still may result in the loss of real and personal property.
•   Wage Earner Petition - This proceeding allows the participant up to three (3) years to pay off all debts according to a certain payment schedule which includes the necessary living expenses.
•  Out of Court Arrangements - This arrangement is done outside of court, where the attorney makes direct arrangements with the creditors for the payment of your debts.
• Out of Court Settlements - Creditors in this instance may accept lump sum cash settlements rather than a payment schedule. The attorney will be best able to advise if this method is feasible.

LANDLORD AND TENANT

Coverage is only provided for the representation of tenants, which involve:

•  The lease of property for personal use.
• Representation in an eviction action which has been brought against the tenant/participant.
•  Problems arising with landlord's failure to provide the proper and necessary services to the tenant.

PERSONAL INJURY

•  Representation is only provided in matters of personal injury and negligence cases in which the participant is the defendant and in cases where no insurance coverage is available, or where coverage is limited.

Example: In cases which the participant has had his insurance canceled and failed to purchase new insurance or in cases which participant is the defendant in a law suit seeking monies for damages which exceeds the limits of coverage in the existing insurance policy.

REAL ESTATE TRANSACTIONS

Coverage of this benefit is as follows:

• The review, preparation and examination of all documents which concern the purchase, sale or transfer of real property for personal use only through its completion.
• Representation to a participant in the purchase or sale of a one-or-two family personal dwelling in which the participant resides.
• Representation for the purchase of land only for the purpose of the construction of the participant's home.
•  Also offered in this benefit are refinancing programs involving mortgages on personal residences.

TRAFFIC MATTERS

This benefit includes:

•  Speeding violations
• Traffic control violations
•  Equipment violations 

Traffic misdemeanors, driving without a license, or without insurance are covered under the criminal benefit section.

COST AND EXPENSES

Expenses Covered by Plan:

Certain disbursements and court costs will be covered by the Plan up to a maximum of $250.00 per family per year for eligible participants.

These costs include necessary filing fees for legal documents in connection with a pending action or proceeding, filing fees for depositions and fees for the service of a subpoena.

Expenses Not Covered by Plan:

Participant bears cost of the following expenses:

• Recording fees for Deeds and Mortgages.
• Bank charges and bank legal fees for preparation of mortgage documents.
•   Title reports.
•  Blood tests and other non-statutory expenses.
• Fines, penalties or fees in which the member has been charged in judgment.
• Private investigations
• Polygraph tests

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