Ameriprise Financial Legal Assistance Plan 2016 Summary Plan Description

Transcription

1 Ameriprise Financial Legal Assistance Plan 2016 Summary Plan Description 2016 Ameriprise Financial, Inc. All rights reserved D (2/16)

2 Table of contents Participation... 1 Costs... 1 Using the Legal Assistance Plan... 1 Selecting a non-network attorney... 2 Calling the Hyatt Client Service Center... 2 Using the Hyatt service website... 2 Summary of covered services... 3 Covered services... 4 Services not covered... 8 Prohibited services... 8 Filing a claim... 9 Glossary... 9

3 The Legal Assistance Plan (the Plan ) offers you the opportunity to buy personal legal services for you and your eligible dependents through Hyatt Legal Plans, Inc., a Metropolitan Life Insurance Company. Services provided under the Legal Assistance Plan are confidential. Participation Eligibility, enrollment, when coverage begins and when coverage ends are outlined in the Health and Wellness Benefits Plans Administration and Participation Summary Plan Description. Costs You pay the full cost of your Legal Assistance Plan coverage with after-tax contributions. For additional cost information, see Cost in the Health and Wellness Benefits Plans Administration and Participation Summary Plan Description. Using the Legal Assistance Plan You will have access to a nationwide network of more than 14,000 participating Hyatt Plan attorneys from which to choose. Plan attorneys have met stringent selection criteria and have an average of more than 23 years of legal experience. If you stay within the Hyatt network, covered legal services are provided with no additional attorney fees. You have the flexibility to use an attorney in the Hyatt network or choose a non-network attorney. Call or visit Hyatt s website at legalplans.com to locate an attorney convenient to you. In general, the Legal Assistance Plan covers the following legal services: Advice and consultations Consumer protection matters Small claims assistance Personal property protection Debt collection defense Identity theft defense Tax audit defense Administrative hearing representation and incompetency defense Civil litigation defense Document preparation and document review Eviction defense Home purchases, sales and refinancing Property tax assessments Boundary or title disputes and zoning applications Living wills and trusts Name changes and prenuptial agreements Discounts on Probate and personal injury matters Traffic matters and restoration of driving privileges Juvenile court and misdemeanor defense Adoption and guardianship Wills, Codicils and powers of attorney Preparing letters and making phone calls Insurance matters Immigration assistance 1

4 Selecting a non-network attorney If you select a non-network attorney, you will be reimbursed for covered services up to a scheduled maximum dollar amount. The Hyatt Client Service Center will send you an information packet when you contact them to assist you in your selection of an outside attorney. Call the Hyatt Client Service Center at or visit the Hyatt website at legalplans.com. The packet will include guidelines on the selection process, a fee schedule listing the maximum amounts reimbursable for covered services and a fee reimbursement form, which you will need to complete and return to Hyatt with a copy of the attorney s final bill. Calling the Hyatt Client Service Center To reach the Hyatt Client Service Center, call , between 8 a.m. and 7 p.m. Eastern time, Monday through Friday. You will need to identify yourself as an Ameriprise Financial employee or a covered dependent. Hyatt will: Confirm your eligibility and give you a case number Verify whether Hyatt provides some level of coverage for the services you require Refer you to a participating Hyatt attorney who is located near you (You can also request to select your own attorney. See section Selecting a non-network attorney in this SPD for details.) You must then call the attorney to schedule an appointment for consultation. Using the Hyatt service website Visit the Hyatt website at legalplans.com 24 hours a day. When you visit the Hyatt website, you will need to: Click on Employees/Members Click Here on the top right hand side of the screen Enter the last four digits of your Social Security number and home ZIP code (covered dependents will need to enter the last four digits of the employee s Social Security number) Choose from the following options: - How do I use the plan? - Covered services - Attorney locator - Obtain a case number - Legal documents for your parents - Life guide - Self help documents/forms - Contact us Then, call the Hyatt attorney to schedule an appointment for a consultation For each new or separate legal matter requiring services, you will need to obtain a different case number. 2

5 Summary of covered services The chart below provides a summary of services available to you under the Legal Assistance Plan and the cost for in-network covered services. For an explanation of covered services and who is eligible to receive them, see the section Covered services in this SPD. For details about non-network benefits, contact the Hyatt Client Service Center. Service Telephone advice/consultation In-office advice/consultation Wills and Codicils Living wills Trusts Purchase, sale or refinance of primary home Property tax assessment (primary residence) Boundary or title disputes and zoning applications (primary residence) Home equity loans (primary residence) Consumer protection matters Small claims assistance Personal property protection Civil litigation defense Immigration assistance Insurance claims Eviction defense and tenant negotiation Adoption Guardianship Name change Premarital agreement Tax audits Debt collection defense, financial problems and identity theft defense Driving under the influence Restoration of driving privilege Traffic matters Juvenile court defense Misdemeanor defense Administrative hearing representation Incompetency defense Document preparation Document review Letters and phone calls by attorney Separation, dissolution or divorce Probate In-Network coverage, including support trusts for minor child(ren) does not include tax planning does not include tax planning for deeds, demand letters, notes, mortgages and powers of attorney Available for covered matters Covered for advice and consultation. Representation available at standard hourly rates.* 10% less than prevailing fees 3

6 Personal injury matters (auto accident, slips Maximum fee: 25% of gross award and falls, etc.) Other personal legal matters Covered for advice and consultation. Representation available at standard hourly rates.* Personal business matters Not covered * Written estimate of fees provided in advance. Contact Hyatt for more information. Covered services The following services are covered under the Legal Assistance Plan: Telephone advice and office consultation Your Hyatt attorney will consult with and advise you on any personal legal problems that are not specifically excluded (see Services not covered section in this SPD). The attorney will discuss how the law relates to your situation and what actions might be taken to solve the problem. Consultations may be provided in person or by telephone. There are no restrictions on the number of times per year you may use this service; however, for a noncovered matter, this service is not intended to provide you with continuing access to a Plan attorney in order to seek advice that would allow you to undertake your own representation. Wills, Codicils and living wills Preparation of a will or Codicil or a living will (that is, an instrument authorizing or directing the continuation or withholding of life supports under certain circumstances) for you and your eligible dependents. Wills may include trusts, but not tax planning. Trusts Preparation of a revocable and irrevocable living trust for you and/or your eligible dependents only. This service does not include tax planning or services associated with funding the trust after it is created. Real estate transactions The following are covered for you and your eligible dependents: o Review or preparation of documents by an attorney representing you, needed to buy, sell or refinance your primary residence or of a vacant property to be used for building a primary residence o Attendance by an attorney at your closing, where customary o Services are not covered for the sale, purchase or refinancing of second homes, vacation homes, rental property, property held for business or investment or leases with an option to buy. Property tax assessments - Covers the review and advice on a property tax assessment on your primary residence. It also includes filing the paperwork; gathering the evidence; negotiating a settlement; and attending the hearing necessary to seek a reduction of the assessment. Home equity loans Covers the review or preparation of a home equity loan on your primary residence. Tenant negotiation Representation for you and your eligible dependents, as a residential tenant, to negotiate with your landlord to solve problems with leases, security deposits, repairs or other similar problems. Services are not covered if you file a suit against your landlord, including any action for return of a security deposit. Eviction defense Representation for you and your eligible dependents (up to and including a trial) if you are evicted by your residential landlord. Security Deposit Assistance Covers counseling for you and your eligible dependents as a tenant in recovering a security deposit from the residential landlord for your primary residence; reviewing the lease and other relevant documents; and preparing a demand letter to the landlord for the return of the deposit. It also covers assisting you in prosecuting a small claims action; helping prepare documents; advising on evidence, documentation and witnesses; and preparing you for the small claims trial. The service does not include the Plan attorney s attendance or 4

7 representation at small claims trial, collection activities after a judgment or any services relating to post-judgment actions. Boundary or title disputes Covers negotiations and litigation arising from boundary or title disputes involving your primary residence, where coverage is not available under your homeowner or title insurance policies. This service includes filing to remove a mechanics lien. Zoning applications Provides you with the services of a lawyer to help get a zoning change or variance for your primary residence. Services include reviewing the law, reviewing the surveys, advising the plan member, preparing applications, and preparing for and attending the hearing to change zoning. Document preparation Preparation of the following documents for you and your eligible dependents: o Deeds preparation of any deed for which you are the grantor or grantee o Demand letters preparation of letters that demand money, property or some other property interest of yours, except an interest that is an excluded or prohibited service. It also covers mailing them to the addressee and forwarding and explaining any response to you. Negotiations and representation in litigation are not included. o Notes preparation of any promissory note for which you are the payor or payee o Mortgages (when you or your eligible dependents are the mortgagors) o Powers of attorney (when you or your eligible dependents are granting the power) o Preparation of any document not listed above, except those associated with other covered services, are not included. Document review Covers the review of any personal legal document belonging to you or your eligible dependents, such as letters, leases or purchase agreements. Elder Law Matters - Covers counseling for you and your dependents over the phone or in the office on any personal issues relating to your parents as they affect you. The service includes reviewing documents of your parents to advise on the effect on you. The documents include Medicare or Medicaid materials, prescription plans, leases, nursing home agreements, powers of attorney, living wills and wills. The service also includes preparing deeds involving your parents when you are either the grantor or grantee; and preparing promissory notes involving your parents when you are the payor or payee. Immigration assistance Covers advice and consultation, preparation of affidavits and powers of attorney, review of any immigration documents and helping you or your eligible dependents prepare for hearings. Adoption and legitimization Covers all legal services and court work in a state or federal court for an adoption for you and your spouse/same or opposite gender domestic partner; legitimization of a child for you or your spouse/same or opposite gender domestic partner, including reformation of a birth certificate. Guardianship or conservatorship Representation to establish guardianship or conservatorship over a person and his or her estate for you and your spouse/same or opposite gender domestic partner when you or your spouse/same or opposite gender domestic partner are appointed as guardian or conservator. It includes obtaining a permanent and/or temporary guardianship or conservatorship, gathering any necessary medical evidence, preparing the paperwork, attending the hearing and preparing the first accounting. This service does not include representation of the person over whom guardianship or conservatorship is sought, or any proceedings involving annual accountings after the initial accounting. Name changes Attorney fees for changing a legal name for you and your eligible dependents. Prenuptial agreement Covers preparation of an agreement by you and your fiancé (e)/partner prior to your marriage or legal union (where allowed by law), outlining how property is to be divided 5

8 in the event of separation, divorce or death of your spouse. Representation is provided only to you. Your fiancé (e)/partner must have separate counsel or must waive representation. Consumer protection matters Covers you or your eligible dependents as a plaintiff, for representation, including trial, in disputes over consumer goods and services where the amount being contested exceeds the small claims court limit in that jurisdiction. The controversy must be evidenced by a written document such as a sales slip, contract, note or warranty. This service does not include disputes over real estate, construction, insurance or collection activities after a judgment. Small claims assistance Covers counseling you or your eligible dependents on prosecuting a small claims action; helping you prepare documents; advising you on evidence, documentation and witnesses; and preparing you for trial. The service does not include attorney attendance or representation at the small claims trial, collection activities after a judgment or any services relating to post-judgment actions. Personal Property Protection This service covers counseling for you or your eligible dependents over the phone or in the office on any personal property issue such as consumer credit reports, contracts for the purchase of personal property, consumer credit agreements or installment sales agreements. Counseling on pursuing or defending small claims actions is also included. The service also includes reviewing any personal legal documents and preparing promissory notes, affidavits and demand letters. Debt collection defense and financial problems Services for you and your eligible dependents for these consumer debt situations: o Negotiation with creditors to arrange a repayment schedule o Limiting harassment by creditors o Defense of any action against you for debt collection, foreclosure, repossession, replevin, or garnishment up to and including trial, if necessary Coverage is not provided for the following Defense against a judgment; vacating a judgment; counter, cross or third party claims; bankruptcy; any action arising out of divorce or post-decree matters; or any matter in which the creditor is affiliated with the Company. Identity theft defense Provides you or your eligible dependents with consultations with an attorney regarding potential creditor actions resulting from identity theft and attorney services as needed to contact creditors, credit bureaus and financial institutions. It also provides defense services for specific creditor actions over disputed accounts. The defense services include limiting creditor harassment and representation in defense of any action that arises out of the identity theft such as foreclosure, repossession or garnishment, up to and including trial if necessary. The service also provides you with online help and information about identity theft and prevention. It does not include counter, cross, or third party claims; bankruptcy; any action arising out of family law matters, including support and post decree issues; or any matter where the creditor is affiliated with the Company. Tax audits Covers reviewing the tax returns and questions the IRS or a state or local taxing authority has concerning your tax return; negotiating with the agency; advising you on documentation; and attending an IRS or a state or local taxing authority audit. This service does not include prosecuting a claim for the return of overpaid taxes or the preparation of any tax returns. Protection of driving privilege Coverage for the following for you and your eligible dependents: o Representation for the defense of any traffic ticket including driving under the influence, court hearings, negotiation with the prosecutor and trial. It does not cover vehicular homicide. o Restoration of driving privileges 6

9 Misdemeanor defense Representation for you and your eligible dependents in the defense of any criminal misdemeanor charge. It does not include representation of a felony charge which is reduced to a misdemeanor. Juvenile court defense Coverage for the defense of you or your spouse/ same or opposite gender domestic partner and a dependent child in any juvenile court matter, provided there is no conflict of interest between you and the child. In that event, this service provides an attorney for you only, including services for parental responsibility. Administrative hearing representation Covers you or your eligible dependents in defense of civil proceedings before a municipal, county, state or federal administrative board, agency or commission. It does not apply where services are available or are being provided by virtue of an insurance policy. It does not include divorce or post-decree matters, paternity, support or custody matters or litigation of a job-related incident. Civil litigation defense Covers you or your eligible dependents in defense of an arbitration proceeding or civil proceeding before a municipal, county, state or federal administrative board, agency or commission, or in a trial court of general jurisdiction. It does not apply where services are available or are being provided by virtue of an insurance policy. It does not include divorce or post-decree matters, paternity, support or custody matters or litigation of a job-related incident. Services do not include bringing counterclaims, third party or cross claims. Incompentency defense Covers you or your eligible dependents in the defense of any incompetency action, including court hearings when there is a proceeding to find you or your eligible dependents incompetent. Insurance claims Provides you or your eligible dependents with assistance in making insurance claims with your own carrier, provided the carrier is not affiliated with the Company. Litigation of coverage issues is included. Litigation of damages is not included. Probate matters Subject to local or state law and court rules, Hyatt attorneys will handle Probate matters for you and your eligible dependents at 10% less than the prevailing fee. You or your eligible dependents will be responsible for payment of this reduced fee and any other costs associated with the case. Personal injury matters Subject to local or state law and court rules, Hyatt attorneys will represent you or your eligible dependents, as plaintiffs, in personal injury matters at a maximum fee of 25% of the gross award. You will be responsible for payment of this reduced fee and any other costs associated with the case. 7

10 Services not covered Certain legal matters are excluded from coverage under the Plan. These include, but are not limited to: Bail services Business or farm matters, including those involving rental property when you are the landlord. Class actions, appeals, Amicus Curiae Filings, interventions or appellate proceedings Tax return preparation and financial/tax planning Matters for which you are or have been receiving legal services outside the Plan (that is, before you became a plan member) Matters handled by an attorney who is not a plan attorney, except an attorney outside Hyatt's network for whom you will get reimbursed for covered services in accordance with Hyatt s fee schedule. Matters related to admiralty, patents, trademarks and copyrights Matters which the attorney deems frivolous, non-meritorious or unethical Payments made to a third party (someone other than your attorney) such as court costs, witness fees, transcripts, recording fees, filing fees, fines, penalties, judgments or other money awards of any nature Services on behalf of a dependent where you are an Adversary Prohibited services The following services are "prohibited services," that is, legal matters with respect to which no services are to be provided to Company employees or eligible dependents by the Plan under any circumstances: Any dispute or proceeding involving the Company or any of its affiliates Legal matters related to employment, including workers' compensation or unemployment compensation if against the Company as the sponsoring employer Any employment related matters Any dispute or proceeding involving Hyatt Legal Plans, Inc., Metropolitan Life Insurance Company or their affiliates or any participating law firm or attorney. The Company makes no representations as to any services not covered under the Plan in the event you or one of your dependents retain a participating law firm for such services. The Company is not responsible for payment of fees owed to any participating law firm for non-covered services. In no event may the Legal Assistance Plan be used for prohibited or excluded services. 8

11 Filing a claim You do not need to file a claim for in-network services. For non-network services, you will need to contact Hyatt to request a fee reimbursement kit, which includes non-network claim forms. After you receive non-network services, submit completed claim forms to Hyatt for reimbursement of covered expenses according to Hyatt's fee schedule. For additional information on filing a claim and instructions on filing an appeal, see the Claiming benefits section in the Health and Wellness Benefits Plans Administration and Participation Summary Plan Description. Glossary Adversary An opposing party in a legal action. Amicus Curiae Filings An individual or an organization that is not a party to a lawsuit but who is allowed to file a brief or participate in connection with the lawsuit. Codicil A written amendment or modification made to a will. Company Ameriprise Financial, Inc. or an affiliated employer that participates in the Plan (see Appendix C to the Health and Wellness Benefits Plans Administration and Participation Summary Plan Description.) Probate The court process following a person s death that includes, among other things, the legal determination of whether a will is valid. 9