VOLUNTARY LEGAL SERVICE PLAN

Transcription

1 VOLUNTARY LEGAL SERVICE PLAN (518) or (800) , ext

2 What is the Voluntary Legal Service Plan? Enrollees in the Voluntary Legal Service Plan, sponsored by PEF Membership Benefits Program, receive personalized attention from Feldman, Kramer & Monaco, P.C., a nationally networked law firm in New York State. By virtue of their experience, national reputation, highly sophisticated systems, proprietary software, and procedures, the firm can also tap into the expertise of partners across the country. For the past 25 years, Feldman, Kramer & Monaco, P.C. has demonstrated their ability to deliver a very high level of client satisfaction. Their specialties include, but are not limited to, elder law, real estate, landlord/ tenant law, criminal defense, matrimonial, bankruptcy, adoption, civil litigation, and negligence. The firm s combined mix of insight, business acumen, legal talent, and responsiveness have earned them the peer review rating of A-V, the highest rating that a law firm can be awarded by the ranking authority, Martindale-Hubbell. For an affordable annual fee, you can access a powerful team of legal experts at substantially reduced rates. Voluntary Legal Service Coverage Once enrolled in the plan, coverage applies to: The PEF member and his/her spouse or domestic partner. Unmarried dependent children under the age of 19 (including stepchildren & legally adopted children). Children under the age of 25, if wholly dependent upon the PEF member for support and enrolled as a full-time student in an educational institution. Parents of the PEF member, if they are wholly dependent upon the PEF member for their own support and maintenance.

3 Voluntary Legal Service Plan Highlights Once you are enrolled in the plan, you have the opportunity to take full advantage of: UNLIMITED LEGAL ADVICE, TOLL-FREE Call a toll-free number for legal advice and consultation. Legal advice, from experienced attorneys, is available weekdays from 9am to 5pm EST. For urgent matters outside of these business hours there is a toll-free Legal Hotline available 24/7/365. CONSUMER AND CREDIT RESOLUTION Legal letters and telephone calls concerning consumer protection matters and credit resolutions made on your behalf. FREE SIMPLE WILL Did you know if you pass away without a Will, the State decides many important decisions such as who raises your children and how your assets get divided and distributed? This plan includes the creation of a FREE Simple Will or the updating of an existing one (updates free every year) utilizing the help of an experienced attorney. TWO HOURS FREE CONSULTATION The covered individual is entitled to two (2), one-hour, free, initial office consultations per calendar year with the National Legal Office or Participating Referral Attorney. The consultation cannot be used to reduce the Plan Maximum Fees or for the preparation of a Will or for estate planning purposes. The two (2), one-hour, free consultations cannot be combined. GUARANTEED DISCOUNTS ON MAJOR LEGAL MATTERS (National network of partner resources) Feldman, Kramer & Monaco, P.C. is highly networked nationwide. Should you have a problem that cannot be resolved on the telephone or by correspondence, you will be referred to a Legal Services Plan licensed attorney in your area at the rate of $225 per hour or a 40% reduction from their hourly rate, whichever is lower. Voluntary Legal Service Plan Costs PEF active member payment options: 1. Payroll Deduction: Deduct the annual legal service rate from your New York State payroll and receive the plan for just $2 per pay period or $52 per year. Enrollment is continuous. 2. Direct Pay: If you choose not to use payroll deduction, but pay for the Voluntary Legal Service Plan in one payment with your Visa or MasterCard, the annual fee is $ Day Money Back Guarantee If, after reading your Legal Plan Certificate of Coverage, you are not satisfied for any reason at all, simply return the certificate within 30 days and you will receive a full refund. This is a risk-free plan.

4 Guaranteed Maximum Fees The law firm of Feldman, Kramer & Monaco, P.C. provides legal services at these substantially reduced, guaranteed maximum rates: Legal Matter Maximum Fee Hourly Fee Maximum of $225* *or a 40% discount, whichever is less Divorce (uncontested, without marital agreement)** $825 (uncontested, with marital agreement)** $1,550 Separation (uncontested) $825 Refinance of Mortgage (primary residence only) $395 Traffic Violation (first offense, 3 points or less; up to 2 court appearances) $625 Misdemeanor (first offense; up to 2 court appearances) $950 Personal Bankruptcy (Chapter 7) $1,300 Name Change (uncontested) $500 Driving While Intoxicated (first offense; up to 2 court appearances) $950 Commencement of Proceedings for Modification of Child Support (preparation of pleadings only)* $500 Office Consultation Re: Simple Will $100 Simple Promissory Note $35 Simple Trust $50 Simple Reciprocal Will with Simple Trust $100 Minor s Testamentary Trust $50 ** These benefits only cover representation of the Covered Participant. Covered dependents are not covered under these benefits.

5 Guaranteed Maximum Fees Family and Marital Relations Contested and Uncontested The Plan provides coverage only to the Participant at the discounted hourly rate in all stages of both contested and uncontested actions for divorce, separation, and annulment. This benefit also includes negotiation and preparation of separation agreements and property settlements. Moreover, the Plan covers actions and proceedings to enforce agreements and judgments that provide for alimony, child support, property rights, protective orders, custody, and visitation. The Plan s attorneys will also represent you in connection with preparations of premarital contracts. The Plan also covers representation of the Participant in support, family offense, custody, and paternity proceedings in Family Court. These benefits only cover representation of the Participant. Covered Dependents are not covered under these benefits. Uncontested Estates Probate In the event of the death of the Participant, Referral Attorney(s) shall extend a thirty percent (30%) reduction of fees to the estate of the Participant. The thirty percent (30%) reduction shall apply to the percentile contingencies (as applied to all assets that are included in the estate for estate tax purposes) set forth, for example, in the New York State Surrogates Court Procedure Act, Section 2307, for New York estates; or New Jersey Surrogates Act, Section 54:34-5C, for New Jersey estates; or the usual and customary fee of the Referral Attorney(s), whichever is less. Personal Injury Cases Contingency fee cases* arising out of negligence, breach of warranty, or products liability, and accepted on a contingent fee basis by a Participating Referral Attorney, shall not be subject to the fee limitations set forth in the maximum fee schedule, but instead, Participating Referral Attorney(s) agree to accept, as their fee in those cases, the following reductions from the standard contingency fees approved by the Court of the applicable state. Twenty percent (20%) reduction if case is settled prior to Examination Before Trial. Ten percent (10%) reduction if case is settled after Examination Before Trial or if tried to conclusion. Identity Theft The National Legal Office will provide advice to Covered Individuals on the Federal laws governing identity theft and will offer Covered Individuals comprehensive advice on how best to avoid having their identity stolen. *Except professional malpractice.

6 Guaranteed Discounts 1. BUSINESS PROTECTION Business Protection Rider, $60/year Business owners, and even rental income property owners, should consider adding the Business Protection Rider to their Voluntary Legal Service Plan. Access legal services for these business legal matters at the guaranteed maximum rates below, or for matters outside this list, business attorneys will provide services to business rider enrollees at the rate of $225 per hour or at a 40% reduction from their usual hourly rate, whichever is lower. Maximum guaranteed fees for the following business legal matters: Business Legal Matter Fee Incorporation...$385 Purchase or sale of business, excluding realty sale price Up to $60,000...$660 Above $60, % of sale price Preparation of Shareholder s Agreement 3 shareholders or less, excludes negotiation...$745 Review and legal analysis of covered business Employment contract with employees...$165 Per diem trial: For court proceedings pertaining to business and/or professional matters... $225 per hour Collection services (pre lawsuit): 25% of the first $300 recovered ($25 minimum) 23% of the next $1,700 recovered 18% of the balance recovered Bankruptcy and Chapter 11 protection... $225 per hour

7 Guaranteed Discounts (continued) 2. ELDER LAW Elder Law Rider $45/year Elder law matters require specialized experts in areas concerning the financial and health care needs of the elderly. A general legal practitioner may not be as well-versed as an elder law attorney as the tax code and Medicaid laws constantly change. An elder law specialist devotes most of his/her law practice to elder law areas and is up-to-date with topics pertinent to the elderly: Medicaid and long-term care planning, estate planning, trusts, guardianships, conservatorships, applying for Medicaid and other government assistance, and nursing home placement. The Elder Law Rider coverage is extended to the PEF member, their spouse or domestic partner, parents, parents-in-law, grandparents and grandparents-in-law. In addition, the Elder Law Rider will provide the PEF retiree or dependant with a Legal Security Package. This package includes a Simple Will, Health Care Proxy, Living Will and Durable Power of Attorney. The Elder Law Rider offers a 20% discount off the attorney s usual fees, and is not covered under the reduced $225 hourly fee included in the guaranteed maximum fees. Note: Additional Legal Security Packages can be purchased for other dependants for $45 each. Exclusions The Legal Service Plan is only available to active, dues-paying PEF members. Matters related to the pursuit of business are excluded unless the optional Business Protection Rider is purchased (refer to Optional Business Protection Rider section on website). Matters relating to Federal Court, patent, copyright, trademark, tax matters, immigration and pensions are excluded. Fines, court costs, penalties, filing fees, disbursements and other expenses relating to legal services and litigation are not covered under this plan. Nor are certain exceptions, such as employer/employee related situations, legal matters between people or groups associated with the Legal Service Plan, appeals, and matters arising outside the continental United States, class actions and repetitious matters where circumstances have not substantially changed.

8 To Enroll 1) Visit and click on the Finance & Legal tab. Download and complete the Voluntary Legal Service Plan enrollment form and payroll deduction form (if applicable). Send form, along with your check or money order to: PEF Membership Benefits Program P.O. Box Albany, NY ) To purchase the Business Protection Rider and/or Elder Law Rider, select the riders on your form and enclose a check or money order for the amount of the rider(s). A Basic Plan must be puchased before purchasing a rider. 3) If you prefer to pay for the Basic Plan and Riders via your Visa/MasterCard (credit/debit card), please call PEF MBP at (800) , ext. 243, opt. 1, or purchase online at Click on the Finance & Legal tab. 4) To request that a Voluntary Legal Service Plan enrollment form be mailed to you, call (800) , ext. 243, opt Airline Drive Suite 101 Albany, NY (518) or (800) , ext ,500, Updated 9/2017