AR Handbook – 87 an NEA Reserve member if the individual is no longer eligible to be an Active Professional or Active Supportive Member or a Retired Member under the NJEA Constitution and Bylaws, but is eligible to be an NEA Reserve member under the NEA Bylaws, Bylaw 2-1f. (See Appendix A.) 2. NJEA Retired Member a. Individual must have been an Active Professional or Active Supportive Member on the date of the occurrence giving rise to the need for legal services. ndividual must have been a Retired Member on the date he/ she requests legal services. b. Individual must maintain continuous retired membership while receiving financial assistance for legal services. 3. NEA Reserve Member* a. Individual must have been an NJEA Active Professional or Active Supportive Member on the date of the occurrence giving rise to the need for legal services. b. Individual must be an NEA Reserve Member on the date he/she requests legal services. Individual must maintain continuous NEA Reserve membership while receiving financial assistance for legal services or become an NJEA active member if individual is re-employed in a public school district while receiving financial assistance for legal services. The Legal Services Program Manager at his or her discretion may waive eligibility requirements for good cause. Exceptions include: 1. A new employee shall have a grace period of thirty (30) days from his/her initial date of employment to join NJEA. In order to receive any consideration for financial assistance related to an incident within the thirty (30) day grace period, the new employee must join NJEA within the thirty (30) day period. 2. An employee who was a cash payment member in the previous year or who was on leave of absence must join within thirty (30) calendar days of the first day of active employment during each school/academic year. In order to receive any consideration for financial assistance related to an incident which occurs within the thirty (30) day grace period said employee must join NJEA within the thirty (30) day grace period. E. Network Attorneys Cases processed under the program will only be assigned to attorneys who are on the approved NJEA Network Attorney list. F. Use of Non-Network Attorneys In order for a member or an affiliated to received NJEA PR&R assistance under this program, a network attorney must be utilized. The program manager, at his or her sole discretion and subject to the approval of the NJEA Professional Rights and Responsibilities (PR&R) Committee chair, may grant exceptions to this policy when the circumstances of the matter prevent such legal services from being provided by a network attorney and make it necessary that a non-network attorney utilized. The request from a member or an affiliate to utilize the services of a non-network attorney must be submitted in writing to the program manager. The member or affiliate and the UniServ representative may be required to appear before the PR&R Committee. If the circumstances warrant the use of a non-network attorney, the attorney must be approved, in writing, by the program manager prior to providing services at NJEA expense. This non-network attorney shall be paid at the NJEA approved rate. NJEA shall have no obligation to pay, in whole or in part, the fees and expenses of an attorney who is independently retained by a member or an affiliate unless the retention of the attorney is in accordance with the process described above. G. Employment-Related Matter 1. “Employment-related matter” shall mean any matter involving: a. a dispute between a school district, college or other institution involved in the teaching-learning process and i. one or more of its employees who are NJEA members; ii. one or more of its employees who are not NJEA members if NJEA or one or more of its local affiliates is obligated to provide legal assistance pursuant to a duty of fair representation; or iii. one or more local affiliates of NJEA; b. a dispute between an employer and one or more of its employees or an
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