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Entitlement to Benefits
| Q |
Can I join the Legal Defense Fund as an
individual? |
| A |
No. The Legal Defense Fund is a group
Plan. |
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| Q |
What percentage of the member association
must join? |
| A |
While we encourage 100% membership, we
will enroll an organization that enrolls 50% + 1 of its members.
We encourage you to talk with the Administrator’s office for
more information about the enrollment process. |
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| Q |
Must all members be enrolled in the same
Plan? |
| A |
Yes. However, there may be unusual
situations in which the Plan would allow members in different
job assignments to enroll in separate Plans. |
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| Q |
When can an association change Plans? |
| A |
We have an open enrollment period during
the second quarter of each year which runs from April 1st through
June 30th. |
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| Q |
What happens if a participant laterals
from one department to another? |
| A |
If the participant goes from one
department to another, both of which are represented by
associations enrolled in the Legal Defense Fund, there is no
break in coverage. The level of coverage is consistent with the
Plan chosen by the new association. |
Benefits
| Q |
Is there a cap on benefits? |
| A |
No. The LDF has spent more than $150,000 on a number of
cases. The defense of peace officers in an era in which they are
targets of harsh discipline, multi million dollar civil actions
and federal grand juries can be very expensive. In its entire
history the LDF has never cut a members’ benefits because it
was "too expensive." This is a record that few legal
plans can match.
The fact that we will do what it takes to win a case does not
mean that we are free with our participant’s money. To the
contrary, we employ panel attorneys who are committed to
providing cost effective representation. We also maintain an
extensive brief bank in order to avoid duplication of services. |
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| Q |
Are letters of reprimand covered? |
| A |
No. Your Board of Trustees long ago determined that the
primary purpose of the Fund was to protect participants from
serious discipline while keeping Plan rates affordable. That
goal is inconsistent with providing representation for minor
discipline. |
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| Q |
What are, "All customary, necessary, and
reasonable services related to an action, including where it
appears reasonably probable that such an action will be
commenced." |
| A |
With over 25 years in the police defense business, the
LDF is well aware that providing a representative does not
ensure victory. That’s why, when appropriate, we pay for
investigators, expert witnesses, polygraphers, transcripts, and
other court costs. The intelligent use of litigation aids
separates the LDF from other plans. |
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| Q |
Who provides the representation? |
| A |
The LDF maintains a panel of the most experienced
attorneys and lay representatives in the areas in which it
provides services. These providers are the recognized experts in
the field. You will find their names on all the leading peace
officer rights cases and on the faculty of police academies. |
Claims Procedure
| Q |
How does one file a claim? |
| A |
Simply call (888) 556-5631. You will briefly speak with a case
coordinator who will determine your eligibility for benefits. If
the case is coverable you will be referred to your association’s
designated provider. Most calls take no more than four minutes.
You will then get a follow-up letter confirming your coverage. |
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| Q |
What if I am involved in a critical incident outside of
normal business hours? |
| A |
Our 24-hour a day, 365 day-a-year hotline is available
for all critical incidents ranging from shootings, to deaths in
custody, to vehicle pursuits ending in serious injury. When you
call (888) 556-5631 you will get an answering
service which will then put you in touch with the Administrator.
In most cases the Administrator can get an attorney call-out
within 10 minutes. |
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| Q |
What if there is a problem with my provider? |
| A |
Our experience has taught us that not every public
safety officer likes every lawyer. While we encourage
participants to use the providers designated by their
association so that they will receive the benefit of that
provider’s knowledge and experience with their department, we
know that sometimes that is not possible. We do our best to
accommodate the needs of all participants in finding a provider
that will be most suitable. In addition, we have a complaint
procedure. The procedure for filing a complaint can be found at Article VII of the Plan Document. |
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| Q |
What happens when a participant is unhappy with a
decision made by the Administrator? |
| A |
This is plan conceived and run by working public safety
officers. If you are unhappy with a coverage decision or other
decision made by the Administrator you have a right to file a
benefit appeal. The procedure for doing that can be found at Article V, Section 6 of the Plan
Document. |
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| Q |
Are conversations with my provider confidential? |
| A |
Yes. See Article VI,
Section 3 of the Plan Document. |
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Email Legal
Defense Fund
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