Utah FOP Retirees' Legal Plan
PLAN BENEFITS SUMMARY
1. Alleged Criminal Matters Involving Deployment of Deadly Force.
In Utah, Participants are entitled to unlimited legal representation (attorney fees only) in any alleged criminal matter involving the deployment of deadly force where the use of deadly force is objectively reasonable to prevent death or serious bodily injury to himself, herself or another. For any Participant satisfying the requirements of LEOSA, in any alleged criminal matter taking place outside of Utah involving the deployment of deadly force where the use of deadly force is objectively reasonable to prevent death or serious bodily injury to himself, herself or another, Participants are entitled to $30,000 in legal defense fees and/or costs. This particular plan benefit is referred to elsewhere in this document as “218 Coverage”. Other limitations for coverage of all alleged criminal matters involving the use of deadly force, include the following: the Participant deploying deadly force with a weapon must be in legal and lawful possession of the weapon used and must act in conformity with any self-defense statute(s) in the state where the force is deployed.
2. All Other Criminal Charges.
The Plan covers all other alleged criminal charges subject to a $10,000 limit in attorneys’ fees billed at the discounted hourly rate $150.00 per hour except where the UFRLP, the Legal Plan Administrator, the Utah State FOP, or any Plan Attorney, is the victim. Coverage for misdemeanors and felonies are also limited to incidents that occur within the State of Utah. The cost and expense of representing Participants for misdemeanors and felonies must be necessary and reasonable as determined by the Legal Plan Administrator. Notwithstanding the limitations noted, the Legal Plan Administrator, in its sole discretion, reserves the right to cover certain alleged criminal charges that fall outside the limitations described above but is not required to do so under the terms of the Plan.
3. Civil Matters Involving Deployment of Deadly Force.
For matters occurring in Utah only, Participants are entitled to $250,000 worth of legal representation (attorneys fees only) at $250 per hour for a total allotment of 1,000 hours going toward the Participant’s civil defense for any civil matter involving the deployment of deadly force where the deadly force used is objectively reasonable to prevent death or serious bodily injury to himself, herself or another. The Plan only covers attorney fees; the Plan does NOT cover costs incurred in the legal defense or judgments against the Participant.
4. Utah Peace Office Standard and Training Matters.
Participants are entitled to representation in any administrative matter involving Utah POST where Utah POST initiates an investigation so long as the facts underlying the Utah POST investigation occurred while the Participant was active duty law enforcement and an existing Member of the Utah State FOP Legal Plan.
5. Administrative & Criminal Appeals.
Subject to the limitations set forth herein, the Plan may also include appeals through the Utah District Courts, Utah Court of Appeals, and/or the Utah Supreme Court. However, it shall not cover appeals to the 10th Circuit Court of Appeals or the United States Supreme Court. The Plan will not cover appeals that do not have legal merit or are otherwise futile. For all appeals, the Legal Plan Administrator shall have sole and absolute discretion for making a legal determination as to whether an appeal has legal “merit,” or is otherwise “futile.” Costs associated with any appeal undertaken by Plan Attorneys will incur certain special costs. These costs are typically associated with the preparation and transmittal of the record created at trial/hearing/lower proceedings and can be substantial. The Participant is responsible for the costs associated with the appeal unless otherwise absorbed by the Plan in the sole discretion of the Legal Plan Administrator. A Participant may seek payment or reimbursement of such costs from the Board, which may be granted in the Board’s sole discretion. Additionally, the Legal Plan Administrator may seek court costs from the Participant whenever the legal services demanded by the Participant are deemed unnecessary or unreasonable.
6. Discounted Rates For Non-Plan Covered Legal Matters: In addition to the foregoing, Nelson Jones, PLLC – the law firm appointed by the Legal Plan Administrator to exclusively provide the legal benefits offered under the Plan – offers discounted hourly rates and contingency fees to all Participants enrolled in the Plan on a first come, first serve basis. (this means if Nelson Jones, PLLC is conflicted the Participant is not entitled to conflict counsel at the reduced hourly rates and/or contingency fees). More specifically, Nelson Jones, PLLC offers Participants a reduced hourly rate of $150 per hour for any non-Plan covered legal matter and a reduced contingency fee of 28% for any personal injury matter.