CLEAA Legal Plan

CONTENTS:

Article 1 Definitions

Article 2 Entitlement to Benefits

Article 3 Claims Procedures

Article 4 Amendment and Termination

Article 5 Miscellaneous

Article 6 Complaint Procedure

Schedule of Benefits, Exclusions and Limitations

· Article 1 Benefits

· Article 2 Exclusions and Limitations

ARTICLE 1: DEFINITIONS

1.1 Administrative Office - The Plan Administrator and the Plan are currently located at, 312 S. 3rd, Tucson, AZ 85701. This address may be changed after proper notice by CLEAA.

1.2 Agency - The employer of the member at the time of the alleged or actual event.

1.3 CLEAA – Combined Law Enforcement Associations of Arizona

1.4 Attorney - The licensed legal counsel provided by the Plan to represent the Member qualified

for coverage under this Plan; such term expressly excludes any attorney for any other person or

party.

1.5 Board of Directors - Governing body of CLEAA as defined by the CLEAA Constitution.

1.6 Correctional Officer - Full-time paid jailer or detention officer employed by the state or its

political subdivisions.

1.7 Emergency - An unexpected happening or event requiring immediate legal representation.

1.8 Employment - Employment as a peace officer, correctional officer, public safety employee or

other Board-approved class of member as that term is defined herein.

1.9 Events – An act by commission/omission or other occurrence, taking place while the member is in good standing, which may, or does, give rise to a civil, criminal, or administrative action against the member.

1.10 Executive Board - The Executive Board of CLEAA, as defined by its Constitution, and

which shall serve as the governing and interpreting body of this Plan as herein authorized.

1.11 Experts - Persons employed as paid professional witnesses or consultants in a case or

controversy covered by this Plan.

1.12 General Counsel - Attorney employed to administer this Plan and direct staff legal services

in accordance with this Plan and the policies of the Executive Board.

1.13 Good Standing - A status of CLEAA membership wherein a Member is current in the

payment of dues.

1.14 Participating Association - Any affiliated Association of CLEAA chartered under the

Constitution of CLEAA.

1.15 Member – A member of a Participating Association in good standing as defined herein.

1.16 Monitor - Action by the Plan Administrator or his designee to observe the progress of a case

against a Member in which a defense has been tendered by the Member’s Agency, to determine

whether the appointment of a Staff Attorney as individual counsel for the Member is necessary,

such as action may include but shall not be limited to receipt and review of pleadings, discovery

documents and status reports from the Agency’s appointed legal counsel, and discussion with

such legal counsel when necessary.

1.17 Official Performance of Duties - Acts by a Member while on duty which are required by the

employer and acts by a Member while off duty which are required of a peace officer by statutory

provisions or as otherwise required by other state or federal statute or law.

1.18 Peace Officer or Reserve Law Enforcement Officer - A person elected, employed or

appointed as a peace officer or reserve law enforcement officer.

1.19 Plan Administrator – That attorney designated by CLEAA as Plan Administrator to

administer the Plan and to direct staff legal services in accordance with policies as may be

established by the Executive Board and the Board of Directors.

1.20 Plan or Plan Document - This writing as amended by the Board of Directors or the

Executive Board in accordance with Article 4 hereinafter and the Plan of benefits provided

hereunder.

1.21 Public Safety Employee - A non-peace officer, correctional officer or reserve law

enforcement officer employed by a law enforcement agency or other criminal justice agency.

1.22 Regional Attorney(s) – Attorney selected and designated from a specific region by the Plan

Administrator to represent members pursuant to this Plan on a case-by-case basis.

1.23 Staff/Plan Attorney - Any attorney who is employed by CLEAA to represent Members.

1.24. The “Plan” - The CLEAA Legal Plan, as adopted by CLEAA and amended from time to

time.

ARTICLE 2: ENTITLEMENT TO BENEFITS

2.1 A peace officer, correctional officer, public safety employee or other Board-approved class

of member who has become a member of CLEAA in accordance with the policy of the Board

as set forth in this section is eligible for benefits under this Plan for Events that occur when a member is in good standing.

2.2 Any eligible person properly completing an application shall become a plan participant

immediately upon receipt of payment of the required monthly membership due by CLEAA.

2.3 Membership dues collected by a Participating Association shall be paid to CLEAA prior to

the end of the month collected.

2.4 Effect of delinquent payment of dues – Benefits under this plan shall cease for a Participating

Association, and its membership, on the day following the payment due date as described in

Section 2.3 of this article. Failure by the Participating Association to forward dues in a timely

manner will result in a member being ineligible for the benefits under this Plan, and the

Participating Association having to pay the cost of an Event as defined herein.

2.5 All benefits for a Member terminate automatically:

(a) As of the day membership dues to CLEAA become delinquent by non-payment

of dues by a Participating Association, or;

(b) As of the day a Member voluntarily retires or terminates membership in a Participating

Association, or;

(c) As of the day it is discovered that a Member has knowingly falsified a document, testimony, or fact in an ongoing investigation of an Event, or;

covered by this Plan;

(d) As of the day it is determined by the Plan Administrator that the Member has refused to cooperate or communicate with the Plan Administrator in the course of the Member’s representation, or;

(e) Upon dissolution of Participating Association or termination of its participation in the

CLEAA Legal Assistance Plan.

2.6 A member otherwise entitled to Plan benefits hereunder whose employment has been

terminated by an Employer, shall be entitled to legal service benefits in accordance with Article I

of the schedule of benefits, exclusions and limitations, provided the Member was current on all

required dues payments at the time of the occurrence or Event.

2.7 Any Member whose benefits terminate shall not be entitled to any refund or rebate of

payments or contributions theretofore paid to the Plan.

2.8 A retired Member shall be entitled to benefits in accordance with this Plan for six (6) months

from date of retirement for any Event occurring prior to retirement, if at the time and date of the

Event, former member was in good standing as defined herein. Benefits subject to provision that

coverage will be allowed only for those claims received in writing, and which occurred during

Member’s active policy period.

2.9 No benefits will be paid for any member for any Event occurring: (a) prior to the member joining a participating association, or (b) when a member is not in good standing.

ARTICLE 3: CLAIMS PROCEDURES

3.1. Before becoming eligible for any benefits under this Plan, a Member making a claim for

benefits following an Event hereunder shall be obligated to notify his local leadership.

Leadership will immediately contact the Plan Administrator for emergency or non-emergency Events. 3.2. In an Emergency where for whatever reason, a Member is unable to secure benefits as

provided in the procedures described in Section 3.1 of this Plan, the Member should contact the

CLEAA WATS line. Notification to the Plan Administrator (or his designee) will be made. The

Plan Administrator will assist in securing legal services and benefits under this Plan to cover

emergencies

3.3. The Plan Administrator, upon being notified of an Event hereunder, and receiving a claim

will review the claim, establish that the Member is in good standing and request a referral from

Member’s leadership.

3.4. The Plan Administrator shall initially deny any claim for benefits not covered hereunder, or

any claim excluded, or limited from coverage, and inform the claimant that he/she may appeal

such initial denial to such committee of the Executive Board as shall have been appointed to hear

appeals in writing within 60 days or waive such appeal. Such appeal shall be described in a form

provided for such purpose by the Plan Administrator. In the event no such form has been

provided within fifteen (15) days of a request therefore, the Member will be deemed to have

complied with the requirements hereof pertaining to submission of a written claim. If required

information is not reasonably available, the Member shall have until the expiration of one (1)

year from the date the expense was incurred to provide such information, unless the Member is

legally incapacitated.

3.5. In the case of claims where delay in review of an appeal may result in legal harm to a

Member who has expressed an intention to appeal, the Plan Administrator

may conduct a telephonic meeting of such Executive Board Committee to hear appeals, to decide

whether the Member will receive benefits under this Plan.

3.6. The Executive Board or a committee appointed by the Executive Board shall hear any timely

appeal brought by a Member from a partial or total denial of requested benefits by the Plan

Administrator. The Member shall be represented on appeal by his local leadership, or designee,

of the president of the Participating association, or such other personal representative as the

Member may select. If a claim has been denied in whole or in part, the Plan Administrator shall

provide the claimant with written notice of such denial setting forth in a manner to be understood

by the claimant the specific reasons for such denial and an explanation of the review procedures.

To appeal an adverse determination upon appeal, the claimant or his authorized representative

must file an application for review in writing within sixty (60) days of the receipt of a notice of

denial. In all events, a final determination shall be rendered no later than 120 days after the

request for the review. It is expressly provided that no action at law or equity may be brought to

recover a claim hereunder until the appeal procedures herein have been completed. In all events,

any such action shall be brought within two (2) years of the time during which this Plan requires

presentation of proof of loss.

3.7. A decision regarding such an appeal is final and binding concerning the interpretation and

application of this Plan, except as provided above.

ARTICLE 4: AMENDMENT AND TERMINATION

4.1. In order that the Plan Administrator may carry out the obligation to maintain, within the

limits of available Plan resources budgeted by the Executive Board, a program dedicated to

providing the maximum possible benefits for all Members, the Executive Board expressly

reserves the right, in accordance with Sections 4.2 and/or Section 4.3, at any time and from time

to time, but upon a non-discriminatory basis,

(a) To amend or terminate any benefit, even though such amendment or

termination affects cases already accepted as claims, provided that claims

for legal services previously rendered shall not be affected;

(b) To amend or rescind any other provision of this Plan; and

Members based upon past experience and to adjust the rates and benefit

schedules in the best interest of the Plan and Members.

4.2. By majority vote the Executive Board may alter, amend, or modify this Plan as

provided in Section 4.1 at any regular or special meeting, including telephone

meetings, provided, however, the Executive Board shall thereafter submit such

alterations to the Board of Directors at its next regularly scheduled meeting. If the

alteration made by the Executive Board is approved by the Board of Directors it shall be

continued, otherwise it will become void.

4.3. This Plan and any clause thereof may be amended, altered, modified, terminated,

reduced or increased in any manner by the Executive Board in accordance with the

constitution of CLEAA and the Constitution and laws of the United States and

the State of Arizona.

4.4. This Plan shall be amended to conform to the Constitution of CLEAA.

ARTICLE 5: MISCELLANEOUS

5.1. Limitation of Rights - Neither the establishment of the Plan, nor any modifications thereof,

nor the creation of any fund or account, nor the provision or payment of any benefits, shall be

construed as giving any Member or other person any legal or equitable right of action, or any

recourse against CLEAA, its officers, agents or employees, except as provided in this Plan, or a

summary plan description.

5.2. Applicable Laws and Regulations - References in this Plan to any particular sections of any

local, state or federal statute shall include any regulation pertinent to such sections and any

subsequent amendments to such sections or regulations.

5.3. Confidentiality - It is agreed and understood that each Member to whom assistance is

rendered under this Plan is entitled to the same rights and consideration, including the right of

confidentiality, to which any other client of an attorney is entitled.

5.4. Governing Law; Severability - This Plan shall be governed by and construed in accordance

with the laws of the United States, and the laws of the State of Arizona, and it is intended to be

performed in accordance with, and only to the extent permitted by all applicable laws,

ordinances, rules and regulations of the State of Arizona. If any provision of this Plan, or the

application thereto to any person or circumstance, shall, for any reason and to any such provision

to other persons or circumstances shall not be affected thereby, but rather shall be enforced

to the greatest extent permitted by law.

5.5. Neither the Plan Administrator, CLEAA, nor its officers, agents, or employees shall in any

way be responsible under this Plan for any acts, occurrences, or events which are caused by acts

of God or by some other person including the Member, which may affect, disrupt or terminate

this agreement and thereby prevent appointed attorneys from performing the services

contemplated hereunder.

5.6. Headings - The headings contained in this Plan are for reference purposes only and shall not

in any way affect the meaning or interpretation thereof.

5.7. Pronouns used in the masculine gender shall apply equally to the feminine gender.

5.8. Nouns or pronouns used in a singular tense may be read to also include the plural tense

where consistent with this document as a whole, and conversely nouns or pronouns used in a

plural tense may be read to also include the singular tense where consistent with this document

as a whole.

5.9. Waiver: - No failure to enforce strictly any provision of this Plan shall be construed as a

waiver of such a provision. The Plan Administrator and CLEAA reserve the right to enforce

strictly each and every provision of the Plan at any time, regardless of the nature or number of

prior occurrences or the similarity of the circumstances.

ARTICLE 6: COMPLAINT PROCEDURE

6.1. It is the policy of the Plan to encourage and solicit comments regarding administration of

this Plan. Any person who is dissatisfied with any aspect of the administration of this Plan is

requested to utilize the following complaint procedure; provided, however, that denial of Plan

benefits shall be appealed only as set forth in Article 3, Section 3.7, of this Plan document.

(a) Complaints are to be set forth in writing and directed to the Plan Administrator, who shall

direct the complaint to any or all members of the Executive Board, with copies to any persons

who may be the subject of the complaint.

(b) Within fourteen (14) days of the receipt of the complaint, the Plan Administrator shall contact

the complainant and ascertain if the complainant or any person named in the complaint or the

Executive Board, wish to conduct a hearing on the matter before the Executive Board. If so, a

hearing will be scheduled at the next regular Executive Board meeting which the complainant

and persons named in the complaint are available to attend. Provided, however, that if more

immediate action is appropriate, the parties may convene on a conference telephone call.

(d) At the conclusion of the hearing, the Executive Board will take any appropriate action to

fulfill their responsibilities in the interests of all the Plan members.

6.2. No provision of this Article 6, however, shall alter or modify the provisions of

Article 3, Claims Procedures, above...

SCHEDULE OF BENEFITS, EXCLUSIONS AND LIMITATIONS

ARTICLE 1: BENEFITS

1.1. All benefits set forth in this article are subject to the exclusions and limitations set

forth in this Plan and attached hereto.

1.2. Members are entitled, but not limited to Legal Plan Benefits for the following:

(a) Member involved shooting;

(b) In custody death or life threatening injury;

others;

(d) Accidental discharge of a firearm

(e) Appeal of protective orders or injunctions against harassment where Member is listed as Defendant

(f) Workers Comp issues and denial of claims

(g) FMLA issues

(h) evaluation of EEOC issues

(i) Involuntary termination from employment;

(j) Demotion;

(k) Criminal charges or indictments arising out of the Member’s official performance of duty;

(l) Suspensions to the extent that the prevailing agency policy, procedures or rules provide for a

formal administrative hearing;

(m) Disciplinary actions to the extent that the prevailing agency policy procedures or rules

provide for a formal administrative hearing;

(n) Civil actions arising out of the Member’s official performance of duty if representation is not

provided by employer.

1.3. Defense of civil actions - Subject to Sections 1.1 and 1.2 of this article, a Member shall be entitled to

the following legal services in regard to civil actions:

(a) Legal defense in a civil action brought against a Member arising out of the Member's official

performance of duty as a peace officer, correctional officer, public safety employee or other

Board-approved class of member;

(b) Customary and reasonable legal counseling services in preparation for an action described in

subsection (a) hereof, whenever it appears reasonably probable that such an action will be

commenced;

(d) Subject to approval by the Plan Administrator, customary and reasonable expert consulting

and/or witness fees necessary to provide adequate legal representation hereunder.

1.4. Defense of criminal cases --Subject to Sections 1.1 and 1.2 of this article, a Member shall be entitled

to the following legal services in regard to criminal cases:

(a) Legal defense in a case where the Member is officially charged or indicted with an offense

for acts or commissions arising out of the official performance of duty as a peace officer,

correctional officer, public safety employee or other Board-approved class of member; provided

that the member is charged with an offense alleging that the member:

(I) Unlawfully subjects another to mistreatment or to arrest, detention, search, seizure,

dispossession, assessment or lien; or

(ii) Unlawfully denies or impedes another in the exercise or enjoyment of any rank, privilege,

power or immunity; or

(iii) Unlawfully misuses government property, services, personnel or any other thing of value

belonging to the government that has come into the member’s custody or possession by virtue of

the member’s employment.

(b) Customary and reasonable legal counseling services in preparation for a case described in

Subsection (a) hereof, whenever it appears reasonably probable that such a criminal prosecution

will be commenced or whenever a criminal investigation relating to such an offense focuses on

the Member, whichever is earlier;

(d) Subject to approval by the Plan Administrator, customary and reasonable expert consulting

and/or witness fees necessary to provide adequate legal representation hereunder;

(e) Legal representation for any appeal of a criminal conviction only to the extent of approval by

the Plan Administrator with advice and consent of the Executive Board, if any.

1.5. Other criminal cases --Subject to Section 1.1 of this article, a Member shall be entitled to the

following benefits:

(a) In any case in which a Member is officially charged or indicted for any offense not

specifically set forth in Section 1.4 of this article, for acts or omissions which occurred during his

official tour of duty or when required to act as a peace officer, a Member shall receive the

services and reimbursements provided for in Subsections (b), (c), and (d) hereof;

(b) Customary and reasonable legal counseling services in preparation for a case described in

Subsection (a) hereof, whenever it appears reasonably probable that such a criminal prosecution

will be commenced or whenever a criminal investigation relating to such an offense focuses on

the Member, whichever is earlier; and/or

attorney selected and retained with the prior approval of the Plan Administrator, to a total maximum of $5,000; but only if the Member is found “not guilty” of the offense of which the Member has been accused or pleads not guilty and the charges or indictment are dismissed; and it is further provided, that

the maximum reimbursement set forth in Subsection (c) hereof applies regardless of the number of prosecutions arising out of the same Event; it is further provided, that in lieu of the reimbursement described in paragraph (c), the Plan Administrator may at his option provide representation by an attorney selected by the Plan Administrator.

1.6 Affirmative civil litigation - Subject to Section 1.1 of this article, when legal assistance may

have a positive effect on law enforcement locally or statewide, the Plan Administrator within the

restrictions of sound fiscal management of the Plan may in his sole discretion on a case-by-case

basis provide part or portion of the following benefits:

(a) Legal representation to ensure or promote compliance by an employer with prevailing

statutory or the constitutional provisions for Members or participating associations;

(b) Legal representation to obtain interpretation of prevailing statutes for participating

associations;

lobbying, or collective bargaining tactics by participating associations;

(d) Costs of court in actions brought pursuant to Subsections (a) and

(e) Expenses of attorneys in providing services under (a), (b) or (c); and/or

(f) Subject to approval of the Plan Administrator, customary and reasonable expert consulting

and/or witness fees necessary to provide adequate legal representation hereunder.

1.7. Legal Advice or Counseling - Subject to Section 1.1 of this article, a Member or

participating association shall receive the following legal services:

(a) Customary and reasonable legal counseling services as provided in Sections 1.2, 1.6 above

and concerning the meaning of statutes involving open records, pensions, disability, civil

services, or social security.

(b) Provided, however, this Plan does not provide for such legal counseling to the extent that the

Member may be impacted by external laws, including, but not limited to taxation statutes.

(c) Member organizations are entitled to assistance in contract negotiations including strategizing, drafting of provisions, and participation in collective bargaining sessions.

(d) Member organizations are entitled to training for its members in the areas of critical incident response, disciplinary proceeding, and grievance procedures at the request of the member organizations.

1.8. Defense of Participating associations - A participating association shall, upon approval of

the Plan Administrator, be entitled to a legal defense in a civil action brought against the

participating association by one of its members, including members, if such civil action arises

out of the participating association's normal course and scope of labor relations business.

Personal injury cases: The Plan does not provide coverage for personal injury matters, but will refer the member to an outside personal injury attorney with whom the Legal Plan has negotiated a reduced contingent fee rate for members.

1.9. Guarantee of Timely Emergency Legal Response- In the event a member is involved in an on-duty member involved shooting or in-custody death, as set forth in Article 1 (1.2(a)(b)), an approved attorney will respond in no more than 2 hours from time of Association request. In the event the member does not receive a response within the time period set forth above, the member will receive payment of $500.

ARTICLE 2: EXCLUSIONS AND LIMITATIONS

In addition to exclusions and limitations set forth elsewhere in this Plan, the following exclusions

and limitations shall apply.

2.1. Exclusions - The provisions of benefits under this Plan shall be subject to the following

exclusions:

(a) No benefits shall be provided under this plan for any action or case arising out of violation of

or coverage by provisions of the Federal Equal Employment Opportunity Act (42 U.S.C. Section

2000[3] et seq.) or any other similar state, county, or city law, statute, ordinance, regulation or

rule of a similar type or description.

(b) No benefits shall be provided under this Plan for any action to obtain, protect, preserve or set

aside pension or retirement benefits without thirty (30) days advanced written notice to the participating association by the Member seeking such as affirmative action.

assignment, or to establish any position for a Member on an eligibility list for any promotion or

assignment.

(d) No benefits shall be provided under this Plan for legal services to one Member when such

legal service if successful would cause legal injury to another Member unless the Executive

Board first approves legal services for defense of a Member against such a potential injury,

provided, however, if prior to the case or controversy arising the Executive Board adopts a

policy on construction of a statutory provision which, if accepted by a court, would necessarily

result in a decision for an interest(s) and against a competing interest(s) representation of that

interest(s) favored by the policy may be approved to the exclusion of the competing interests.

Approval of legal representation for such competing interests shall be at the broad discretion of

the Executive Board in the best interests of the Plan.

(e) No benefits shall be provided to a Member in a civil action opposed to a participating

association even if legal services are provided to that participating association notwithstanding

any language in 2.1. (d).

(f) No benefits shall be provided under this Plan to cover any monetary award for damages or

otherwise, whether by judgment, settlement or otherwise, against a Member in any action.

(g) No benefits shall be provided to cover the attorney's fees or costs of an opposing party, or any party other than the Member awarded against a Member in any action.

(h) No benefits shall be provided under this Plan related to proceedings brought against a

Member for breach of an agreement with his employer to remain employed.

(i) No benefits shall be provided under this Plan related to proceedings involving the medical

condition of a Member.

(j) No benefits shall be provided under this plan, which are otherwise available to the Member,

except as specifically provided by this Plan in Section 2.2 of this article.

(k) No benefits under this plan shall be provide if the review procedures set forth in 1.2(e) and

1.2(f) have not been followed.

2.2. Limitations - The provision of benefits under this plan shall be subject to the following

limitations:

(a) No benefits shall be provided under this Plan in any proceeding in which the Member's

employer or its insurer, whether by agreement, policy or operation of law (e.g.) agrees or

undertakes to provide a defense and further agrees to, or undertakes to, indemnify a Member for

all compensatory damages arising out of the proceeding.

(b) In the event a Member's employer agrees to defend the Member but refuses to fully

indemnify the Member or asserts a reservation of rights to indemnification of the Member,

pending outcome of the proceeding, then the Member may have his case monitored by a staff

attorney, but no other benefits shall be provided under this Plan.

Member may be represented under Section 1.3 of this Schedule of Benefits only where the

Member presents proof of a written request delivered to his employer and where the member

executed an agreement subordinating The Plan to his rights against his employer or its insurer.

(d) In the event a Member shall recover from any third person or party any amounts as damages

(other than for lost compensation), attorney's fees or costs in a case in which the benefits have

been provided under this Plan, the Plan shall be entitled to reimbursement from such Member to

the full extent of the outlays made by the Plan on behalf of said Member hereunder. Members

agree to cooperate with the Plan in this regard, and to that end, upon request, execute any and all

documents necessary or convenient to facilitate such recovery by the Plan and if such Member

shall have a right of action against any such third party for such damages, attorney's fee or costs

and does not wish to pursue the same, he will upon request, assign such right of action to the

Plan to the event lawfully permissible and assist the Plan in prosecution of such cause of action.

(e) No benefits shall be provided to a Member who is untruthful with his counsel or who does

not cooperate with his counsel. In such a case, the right of said Member to legal services

hereunder may be terminated or suspended by the Plan Administrator subject to appeal to Plan

Administrator. Furthermore, if benefits are provided to a Member based upon misrepresentation

by the member to the Plan Administrator or Executive Board, the Plan shall be entitled to

terminate or suspend benefits hereunder, and to reimbursement from the Member of the cost of

benefits provided based on the misrepresentation.

(f) No provision of this Plan shall require the Plan, its employees or attorneys, or attorneys

associated with them, to perform any act in violation of the Code of Professional Responsibility

of the State Bar of Arizona including, but not limited to, the prohibition against interference by

any organization interfering with or controlling the performance of an attorney's duty to his

client.

(g) Benefits shall be terminated in the event it is determined by the Plan Administrator that it is

in the best interests of the Member to cease his representation in a case, e.g., in cases where

continued proceedings may subject the Member to more severe civil, criminal or administrative

sanctions, to damages or attorney's fees, and costs from the proposed defendants.

2.3. Coordination of Benefits--Benefits under this Plan shall not be provided to the extent they

are furnished to a Member by any other plan, program or policy which provides group legal

services to peace officers, correctional officers, public safety employees, or other Board-approved

classes of members.

2.4. Executive Policy and Attorney Selection--Benefits under this Plan will be provided in

accordance with the policies of the Board of Directors, and legal representation in each case shall

be by counsel selected by the Plan Administrator, subject to appeal to the Board of Directors.

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