Social Security Scheme – 2

(PERSONAL ACCIDENT COVERING DEATH AND HOSPITALIZATION)

Framed in the Meeting held on 10-11-2017

 A Scheme formulated by the Kerala High Court Advocates’   Welfare Fund Trust for rendering financial benefits to the   members of the Trust  and their family, in exercise of the   powers conferred to the Trust as per clause XIV of the Deed   of Trust.

1.   Aims & Objectives: In addition to the general aims and objectives of the Kerala High Court Advocates’ Welfare Fund Trust (hereinafter referred to as the ‘Welfare Fund Trust’ or ‘The Trust’,) the Social Security Scheme-II has the following aims and objectives

2.   The primary objective of the Scheme is to give financial support to the bereaved family of a member of the Trust in the event of his/ her death in any kind of accidents.

3.   To render financial assistance to the members of the Trust in case of his hospitalization as a result of sustaining bodily injury in any kind of accident.

4.   The benefit of the scheme is in the nature of benefit from a personal accident insurance scheme and the purpose of this scheme is to pay; fixed compensation for death or financial assistance for settling the expenses of the hospitalization as a result of sustaining bodily injury, due to an accident.

5.   The Social Security Scheme II, provides that, at any time during the prevalence of this scheme, if the member sustains any bodily injury resulting solely and directly by an accident which is caused by external violent and visible means, then Trust shall pay to the member or his legal personal representative, as the case may be, subject to the other conditions provided herein after, financial assistance, if such accident has resulted in specified contingencies such as death or hospitalization.

6.   An accident means an event which is wholly unexpected and not intended or designed.

7.   Hospitalization means admission in a hospital as inpatient for a period of more than 10 days.

8.   Membership: 

(a) A member of the Welfare Fund Trust, irrespective of his age group will be covered under this scheme, namely SSS II. .

     (b) For the purpose of this Scheme a ‘member’ means any            person who has been admitted as a member of the                    Welfare Fund Trust by the Board of Trustees as a donor            member or a life member or an ordinary member.

3.   Benefits & Eligibility for benefits of the Scheme: The members of the Kerala High Court Advocates’ Welfare Fund Trust shall be eligible for the benefits of this Scheme subject to the following conditions:

(a). All members of the Welfare Fund Trust subject to the other conditions provided herein after, shall be eligible for the benefit without any additional payment of annual subscription or any other fee.

(b) Subject to the other clauses of this Scheme, a legal heir/ heirs or a nominee of an eligible member who expires, in the event of any kind of personal accident and due to, sustaining injury in such accident, during the tenure of the Scheme is entitled to get an amount of Rs. 5 lakhs (Rupees Five Lakhs only) from the Trust.

(c.) Subject to the other clauses of this Scheme, the Board of Trustees upon an application received from a member of this Scheme may disburse financial assistance; to a member in case of his hospitalization, as a result of sustaining any bodily injury in an accident and if his hospitalization expenses, due to such accident; of an amount in excess of Rs 50, 000/-, if his total hospital expenses exceeds Rs 50, 000/-.

Provided that such assistance shall not be an amount exceeding an amount of Rs. 2, 00,000/- (Rupees Two lakhs only).

Provided further that a member shall not be eligible for the benefits under this sub clause more than once, during his/her term of membership in this Scheme.

(d) If the member dies after his hospitalization and availing the benefit under sub-clause (c), the amount so disbursed shall be deducted from his/her entitlement under clause 3(b), if the cause of death is such accident.

(e) No member shall be entitled for the benefits of both   Social Security Scheme I and II, simultaneously, and in case of entitlement under both the schemes, the beneficiary can opt for the benefit under either of the schemes or in the absence of such option, the Board of Trustees can determine the scheme, which is applicable and in such an instance the guiding factor  shall be the highest financial benefits that can be granted.

Provided that the treatment expenses under sub clause (c) of clause (3) of this scheme or under Social Security Scheme –I, if any disbursed, will be deducted from such final entitlement.

(f) Any disputes on the entitlement of benefit under this scheme shall be resolved by the Board of Trustees, after hearing the aggrieved parties, and such decision shall be final and binding

4.   Subscription: – Members need not to pay any subscription to enjoy the benefit under this Scheme.

5.   Cessation from membership: A member of this Scheme will cease to be a member on his/her

6.   resignation in writing ; or

7.   removal from the roll of the State Bar Council; or

8.   suspension of practice by the member on account of accepting employment  or any other avocation; or

9.   removal from the membership of the Kerala High Court Advocates’ Association

10.Termination of Membership: The membership of any member in the Scheme may be terminated by the Board of Trustees, for any valid reason, recorded in writing.

         Provided that, no such termination shall be made                       without  affording such member an opportunity of being             heard by the Board of Trustees or by a sub-committee               constituted by the Board of Trustees for such hearing.

         Provided further that the Board of Trustees shall place;             the decision of termination for the approval of the                       General Body of the Trust, before implementing the                   same.

7.   Amendment: The Board of Trustees on a decision taken by 2/3^rd majority of the members present in a meeting specifically convened for the purpose, has the power to propose any amendment to this Scheme subject to the provisions of clauses XIV, XVIII and XIX of the Deed of Trust of the Welfare Fund Trust and such amendment shall be made only as per the provisions of the Trust Deed.

8.   Special Powers of Board of Trustees: The quantum of amount/ amounts to be paid consequent on the death of a member or under any other contingency shall be decided by the Board of Trustees from time to time on the basis of the financial stability and functional viability of the Scheme. The Board of Trustees shall place any such decision for the approval of the General Body of the Trust.

          Provided that such amount or amounts decided by the              Board of Trustees shall not be an amount in excess of              the amount stipulated in clause 3 (b) and (d) of this                    Scheme.

9.   9. The Board of Trustees, subject to the approval of the General Body of the Trust, shall have the power to associate with any financial institution; or a company or an institution which provides the service of general insurance; to manage this scheme, either solely by such institution or by jointly by the Trust and such institution.

10.This Scheme shall be managed by the Board of Trustees of the Kerala High Court Advocates Welfare Fund Trust and shall come into force at once.