Membership Premium Legal Defense Coverage Areas

Protection Against Civil Actions- Coverage For Acts Or Omissions Within The Scope Of Employment

• When your employer defends and indemnifies you, we will provide an experienced attorney to monitor your case. This means that he/she is available to answer your questions about the case, review the pleadings and discovery, watch for conflicts between you and your employer, and watch for inadequate representation.
• Additionally, you’re covered If there is:
• A legal conflict of interest between you and your employer;
• Inadequate representation by your employer;
• A considerable likelihood that punitive damages could be awarded against you;
• If your employer refuses to represent you for an act or omission within the scope of your employment;
• You will be provided with independent counsel.

Criminal Investigations/ Charges

• Full representation by an experienced criminal attorney from the outset of the investigation through trial;
• This benefit is available no matter what agency does the investigation;
• Local
• State
• Federal
• FBI

Civil and Criminal- Covered Expenses

• Customary and Usual Services:
• Investigators
• Expert Witnesses
• Polygraphers
• Court Reporters
• Court Costs
• Conflict coverage – each member gets separate counsel.

Membership Premium Legal Coverage Areas

• Critical Incidents-Review
• Internal Affairs
• Office of Professional Responsibilities
• Disciplinary Investigations and Recommendations, included by no limited to:
• Pre-DisciplinaryHearings
• Pre-Termination Hearings
• Grievances
• Arbitration Hearings
• Fitness for duty

Security Clearance Suspension/ Revocation

Membership covers for permanent/temporary regardless of if part of an internal investigation or other issue. Eligibility for access to classified information, commonly known as a security clearance, is granted only to those for whom an appropriate personnel security background investigation has been completed. It must be determined that the individual’s personal and professional history indicates loyalty to the United States, strength of character, trustworthiness, honesty, reliability, discretion, and sound judgment, as well as freedom from conflicting allegiances and potential for coercion, and a willingness and ability to abide by regulations governing the use, handling, and protection of classified information. A determination of eligibility for access to such information is a discretionary security decision based on judgments by appropriately trained adjudicative personnel. Eligibility will be granted only where facts and circumstances indicate access to classified information is clearly consistent with the national security interests of the United States. Access to classified information will be terminated when an individual no longer has need for access.

Use of Force for Criminal/Civil Defense

Memberships covers immediate assistance in issues arising out of use of force. Defense of criminal/civil charges arising out of the performance of official duties and after Agency does not provide assistance. Such defense maybe assigned to other Attorneys or law firms under a separate agreement. Contingent upon review on case-by-case basis.

Office of Special Counsel

​​​​​​​​​​​​​​​​​​The U.S. Office of Special Counsel (OSC) is an independent federal investigative and prosecutorial agency. Their basic authorities come from four federal statutes: the Civil Service Reform Act, the Whistleblower Protection Act, the Hatch Act, and the Uniformed Services Employment & Reemployment Rights Act (USERRA).

OSC’s primary mission is to safeguard the mer​it system by protecting federal employees and applicants from prohibited personnel practices, especially reprisal for whistleblowing.

Merit System Protection Board

The Merit Systems Protection Board is an independent, quasi-judicial agency in the Executive branch that serves as the guardian of Federal merit systems. The Board was established by Reorganization Plan No. 2 of 1978, which was codified by the Civil Service Reform Act of 1978 (CSRA), Public Law No. 95-454. The CSRA, which became effective January 11, 1979, replaced the Civil Service Commission with three new independent agencies: Office of Personnel Management (OPM), which manages the Federal work force; Federal Labor Relations Authority (FLRA), which oversees Federal labor-management relations; and the Board.

Duties of MSPB:

• Hear and decide discrimination complaints except when allegations of discrimination are raised in appeals from agency personnel actions brought before Board. That responsibility belongs to the Equal Employment Opportunity Commission (EEOC).
• Negotiate and resolve disputes, unfair labor practice complaints, and exceptions to arbitration awards. That responsibility belongs to the Federal Labor Relations Authority (FLRA).
• Provide advice on employment, examinations, staffing, retirement and benefits. That responsibility belongs to the Office of Personnel Management (OPM).
• Investigate allegations of activities prohibited by civil service laws, rules or regulations. That responsibility belongs to the Office of Special Counsel (OSC).

Equal Employment Opportunity Commission

The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Membership coverages for EEOC:

• –Prefiling review
• -Initial review (initial filing with EEO Office, representation including mediation)
• -Formal Complaint Filing (additional retainer required at this level)
• -Attend Hearings
• -Appeals to the Office of Federal Operations (OFO)

Federal Tort Claims Act (FTCA) -Offensive Lawsuits Against the Agency

****MEMBERSHIP IN ANY ASSOCIATION IS NOT REQUIRED TO PARTICIPATE IN OFFENSIVE LAWSUITS OR FLSA TORT CLAIMS*** ANY/ALL ORIGINAL RETAINER AGREEMENTS STATE THIS FACT.

Suing a federal government entity for damages in a personal injury claim is more challenging than suing a private citizen or corporation. Under the doctrine of sovereign immunity, you are not allowed to sue a government entity without its express permission. The Federal Tort Claims Act (FTCA) is a highly complex law that allows specific types of lawsuits against a federal government entity and federal employees who have acted within the scope of employment while causing injuries, but certain strict rules must be followed. One example is FLSA.

FLSA lawsuits occur when a group of employees files a lawsuit against their employer for wage and hour or other FLSA violations, including unpaid overtime and minimum wage violations. These lawsuits are most often considered “collective claims,” but they can sometimes turn into class-action lawsuits, effectively involving all potentially affected employees — past and present. However, less than 2 percent of FLSA violations are taken to court. The majority are resolved long before they can turn into full-fledged lawsuits.

Common FLSA violations include:

• » Misclassifying employees
• » Overlooking off-the-clock work
• » Failing to pay unauthorized overtime
• » Not tracking breaks properly
• » Keeping inaccurate or incomplete records
• » Not compensating interns or volunteers
• » Failing to stay up-to-date with regulations

Office of Personnel Management Disability Retirement

Members should consider applying for disability retirement only after they have provided the employing agency with complete documentation of their medical condition and the agency has exhausted all reasonable attempts to retain the member in a productive capacity, through accommodation or reassignment.

Membership coverage for OPM:

-Prefiling review

-Preperation of listed forms

-Assistance in submitting forms

-Assitance in appeals

• SF 3107, Application for Immediate Retirement, and
• SF 3112, Documentation In Support of Disability Retirement

If you are under age 62, documentation that you have applied for social security disability benefits after you separated from your agency