ACH Requirements

Effective on January 1, 2021, the Trust will only be disbursing claim payments and filing fee refunds by ACH.

If you have not provided your firm’s ACH instructions to the Trust yet, kindly open a Support Ticket at support@524gtrust.com, with any questions or for assistance in submitting the banking information on the Trust’s form by encrypted mail.

The completed form must be returned to the Trust in Word format by email.

The email must be sent by a firm partner or, if from another firm representative, a firm partner must be copied on the email.

If you file with any other Reno Asbestos Trusts, only one form is necessary.

ACH Request Form

Blending Exposures

The Trust’s policy has been to calculate the exposure rating multiplier for claims submitted to the Trust (for which multiple sites are required to meet the minimum exposure time for the claimed disease) by using the lowest multiplier rated site. For example, if a claimant with mesothelioma has 2 months of exposure at a site with an exposure rating of high (1.5) and 1 month of exposure at a site with an exposure rating of low (0.5), the multiplier value utilized for valuing the claim would be 0.5 (low).

0.667 (2 months) * 1.5 (high) = 1.0

0.333 (1 month) * 0.5 (low) = 0.17

1.0 + 0.17 = 1.17 (blended exposure multiplier value) 

Claims in Certain Statuses

The Trust can deem a claim withdrawn after the claim has been placed on “Hold/Deferred”, in “Reviewed Deficient” status, or in “Offer Made” status and remains in one of those statuses for six (6) months.  Upon request and for good cause, the Trust may extend this period for an additional six (6) months.  After the extended period, the Trust will deem the claim withdrawn. In addition, claims that remain in an “Incomplete” status without a filing fee will be withdrawn after two weeks. Claims that remain in Incomplete with a filing fee will be withdrawn after one year. According to the Trust Distribution Procedures, the existing statute of limitations for the claim will not be affected by the withdrawal, only its place in the FIFO queue.  “A claimant can withdraw a Trust Claim at any time upon written notice to the Trust and file another claim subsequently without affecting the status of the claim for statute of limitations purposes, but any such claim filed after the withdrawal shall be given a place in the FIFO Processing Queue based on the date of such subsequent filing.  TDP Section 6.3 Any claim that is withdrawn or rejected may be resubmitted, but a new $250 filing fee will be required.

If you have any questions, please feel free to contact the Trust at support@524gtrust.com

Consumption Guidelines for Wrongful Death Claims

The Trust documents allow claims to receive the benefit of up to applicable threshold in economic loss without additional documents.  If a wrongful death claim requests economic loss in excess of the applicable threshold, the report from the economist must take into consideration the lack of consumption by the deceased.  In determining whether a deduction for consumption is appropriate, any claim which qualifies as a “living” claim under the Claims Valuation Matrix shall not be subject to a consumption deduction.  In cases claiming additional economic loss, it is likely the Trust will request additional back-up documents supporting the economist’s conclusions.

Declaration Policy

Pursuant to Section I(d) of the Matrix, the Trust may require additional information to assure that such evidence provided to the Trust is reliable. Therefore, any claim that is partially supported by a declaration to verify claimant’s presence at a site, asbestos exposure, and/or dates of exposure, or any other facts relevant to the claim must meet these requirements:

• The declaration must be written by a person who is competent to testify to the information stated in the declaration and the person must have direct knowledge of the factual information relevant to the claim.
• The declaration must provide sufficient background information to explain how the declarant acquired the direct knowledge of factual matters relevant to this claim, to allow the Trust to determine the credibility of the declarant.
• The declarant’s complete home address is to be part of the declaration.
• The declaration must be in the declarant’s own words and not boilerplate wording.
• The declaration must be accompanied by any documents (i.e. military records, social security records, etc) that the declarant relied upon in drafting his or her declaration.  If no documents were relied upon in drafting the declaration, then the claimant must make a statement that he or she did not rely on any documents for the declaration. If the information was given to the person by someone other than the Injured Person, then the declaration must state who, when, and in what form the information was given.
• The declaration must be specific to the claim filed.
• The declaration must be signed under the penalty of perjury.
• The Trust may interview anyone who signs a declaration in support of a claim submitted to the Trust pursuant to Section I(d) of the Matrix. 

Deferring Claims

In order to move a claim to deferred you must provide the following information:

• Claimant’s Name
• Claimant’s DOB
• Claimant’s SSN
• Claimed Disease
• Apply $250 filing fee
• List at least one site/ship of exposure

The filing fee will be forfeited if the claim is withdrawn or exceeds the time limitations in the deferred queue. A claim may remain in Deferred for six months; the firm may request an additional six months. If the claim has not been resubmitted after one year, the claim will be withdrawn.

Electronic Signatures on Documents- Claimant

The Trust will accept electronic signatures on documentation executed by Trust claimants that is submitted by a law firm representing Trust claimants (each a “Document” and, collectively, “Documentation”) pursuant to the following procedure:

1. A law firm representing Trust claimants that intends to submit Documentation electronically signed by claimants must execute and return to the Trust an Agreement to Allow Electronic Signatures on Documentation, attached as Exhibit A (“Electronic Signature Agreement”).  Counsel to Trust claimants must use the fill and sign Adobe feature designated by the Trust, or a commercially available equivalent which produces an electronic signature in .pdf format (each computer program compliant with this policy, an “Electronic Signature Program”), to electronically sign the Electronic Signature Agreement and then must submit it to the Trust via email at support@524gtrust.com.  The Electronic Signature Agreement must be properly executed and returned to the Trust before a law firm representing Trust claimants may submit Documentation electronically signed by Trust claimants.
2. Law firms must execute and return the current form of Electronic Signature Agreement if they wish to submit electronic signatures for any Documentation, including Release and Discharge, and Release and Discharge General (“Releases”) and Affidavit of Successor in Interest (“Successor in Interest Certificates”). All Releases and Successor in Interest Certificates must be submitted to the Trust via email to support@524gtrust.com. Trust claimants and Law firms representing Trust Claimants must also use an Electronic Signature Program to electronically sign Documentation other than Releases and Successor in Interest Certificates.  Counsel to Trust claimants must submit electronically signed Documentation other than Releases and Successor in Interest Certificates to the Trust via the Trust’s online claim processing system. Each Document electronically signed by a Trust claimant, regardless of manner of submission, must be submitted with a complete certificate electronically signed by an authorized person at the law firm representing the Trust claimant in the form set forth in Exhibit B (each, a “Law Firm Certificate”). The same Law Firm Certificate may be submitted with additional Documentation electronically signed by a Trust Claimant, so long as the representations set out in the Law Firm Certificate remain accurate.
3. Trust staff will review all submitted Electronic Signature Agreements, Releases and Successor in Interest Certificates for compliance and, if satisfactory, scan completed Documentation into the Trust’s online claims processing system. Trust staff will also review all other electronically signed Documentation, including all related Law Firm Certificates, submitted by a law firm via the Trust’s online claim processing system and will reject any Documentation that does not meet the requirements of this policy.

Exhibit A- Electronic Signature Agreement
Exhibit B – Certification of Firm Representing Trust Claimant Regarding Client’s Electronic Signature

Electronic Signatures on Documents- Law Firm

The Trust will accept electronic signatures on documentation executed by individuals authorized to act on behalf of law firms representing Trust claimants (each a “Document” and, collectively, “Documentation”) pursuant to the following procedure:

1. A law firm representing Trust claimants that intends to sign and submit Documentation electronically must execute and return to the Trust an Agreement to Allow Electronic Signatures on Documentation, attached as Exhibit A (“Electronic Signature Agreement”).  Counsel to Trust claimants must use the fill and sign Adobe feature designated by the Trust, or a commercially available equivalent which produces an electronic signature in .pdf format (each computer program compliant with this policy, an “Electronic Signature Program”), to electronically sign the Electronic Signature Agreement and then must submit it to the Trust via email at support@524gtrust.com.  The Electronic Signature Agreement must be properly executed and returned to the Trust before a law firm representing Trust claimants may submit electronically signed Documentation to the Trust.
2. Law firms must execute and return the current form of Electronic Signature Agreement if they wish to submit electronic signatures for any Documentation, including Certification(s) for Unpaid Claims – Claimed Exposure Post December 5, 1980 and Certification(s) for Unpaid Claims – Claimed Exposure Pre-December 5, 1980 (“Medicare Certifications”). All Medicare Certifications must be submitted to the Trust via email containing the language set forth in Exhibit B to support@524gtrust.com. Counsel to Trust claimants must also use an Electronic Signature Program to electronically sign Documentation other than Medicare Certifications.  Counsel to Trust claimants must then submit electronically signed Documentation other than Medicare Certifications to the Trust via the Trust’s online claim processing system.
3. Trust staff will review all submitted Electronic Signature Agreements and Medicare Certifications for compliance and, if satisfactory, scan completed Electronic Signature Agreements and Medicare Certifications into the Trust’s online claims processing system. Trust staff will also review all other electronically signed Documentation submitted by a law firm via the Trust’s online claim processing system and will reject any other Documentation that does not meet the requirements of this policy.

Exhibit A- Electronic Signature Agreement
Exhibit B- Email Language Required for Medicare Certifications

Electronic Signatures and Direct Mailing of Releases Policy

In recognition of the national emergency declared by the President of the United States in response to the outbreak of COVID-19, the Trust has determined that in order to provide for the continuity of operations and to fulfill the primary purpose of the Trust to pay the Trust’s claimants, the Trust is offering two additional temporary methods for claimants to execute a Release and Discharge agreement (“Release”).

1. Electronic Signature Option.  After Counsel to Trust claimants approve the value of a claim and the form of Release for a claimant, he or she can request that the Release be signed by electronic means (“Electronic Signature Option”).  To implement the Electronic Signature Option, the Trust offers the following procedure:

a. Counsel to Trust claimants who intend to use the Electronic Signature Option are required to execute a Consent to Contact Client and Waiver (“Consent and Waiver”) and the related Option for Signing Consent to Contact Client and Waiver by Electronic Means (“Electronic Option Agreement”), both of which are attached as Exhibit A.  The Consent and Waiver authorizes the Trust to contact claimants represented by counsel by telephone or otherwise to authenticate that the claimant affixed or affirmed their electronic signature on a Release and on the Electronic Signature Agreement described below.  Counsel to Trust claimants who wish to electronically sign the Consent and Waiver must use the fill and sign Adobe feature designated by the Trust, or a commercially available equivalent which produces an electronic signature in .pdf format, to electronically sign both the Consent and Waiver and the Electronic Option Agreement.  Both executed documents must then be submitted to the Trust via email to support@524gtrust.com using the language set forth in Exhibit B.  The Consent and Waiver may also be executed manually and returned to the Trust via overnight courier.  The Consent and Waiver must be properly executed and returned to the Trust before a law firm representing Trust claimants may select the Electronic Signature Option or the Direct Mail Option set forth below.

b. After the Trust has accepted the Consent and Waiver, if counsel for the Trust claimant intends to use the Electronic Signature Option, counsel will electronically send the claimant the approved Release and an Agreement to Allow Electronic Signatures, attached as Exhibit C (“Electronic Signature Agreement”).  The Electronic Signature Agreement authorizes the claimant to sign both the Electronic Signature Agreement and the Release electronically.   The electronic signature can be affixed to both documents using the fill and sign Adobe feature designated by the Trust, or a commercially available equivalent which produces an electronic signature in .pdf format, as directed by counsel for the Trust claimant.  After affixing his or her electronic signature to the documents, the claimant must return those documents to counsel.  Counsel to the Trust claimant will send the electronically signed documents to the Trust, indicate in writing that the Consent and Waiver is applicable and provide telephonic contact information for each claimant for which counsel intends to use the Electronic Signature Option, all via email to support@524gtrust.com.

c. In order to complete the Electronic Signature Option process, the Trust will attempt to contact the claimant by telephone using the contact information provided by the claimant’s counsel.  The claimant must provide the Trust with sufficient unique and personal information which, in the Trust’s sole discretion, satisfies the Trust that the person contacted is the claimant who intended to affix or affirm their electronic signature on the Release and the Electronic Signature Agreement.  If the claimant’s electronic signature cannot be authenticated by the Trust (e.g., the Trust is unable to reach the claimant by telephone, or insufficient correct identifying information is provided by the person contacted) then the electronic signature will not be accepted by the Trust and the Electronic Signature Option may not be utilized for that claimant.

d. Counsel and Trust claimants may continue to use the existing manual execution method for executing Releases, or the Direct Mail Option set forth below, in addition to the Electronic Signature Option.

2. Direct Mail Option.  If counsel to the Trust claimant has an approved Consent and Waiver on file with the Trust, and has confirmed in writing to the Trust that the particular claimant is subject to the executed Consent and Waiver and has provided the claimant’s current mailing address to the Trust, all via email to support@524gtrust.com, then counsel may select the option to have the claimant receive the Release directly from the Trust and, after the claimant has signed the Release, to return it directly to the Trust (“Direct Mail Option”). Claimants who exercise the Direct Mail Option will receive the original Release by mail from the Trust.  The Trust will provide a return envelope for use by the claimant to return the Release to the Trust by mail.

Exhibit A- Consent and Waiver and Electronic Option Agreements
Exhibit B- Email Language Required for Consent and Waiver and Electronic Option Agreements
Exhibit C- Electronic Signature Agreement

Filing Fee Refund- Site/Ship Removal

The Trustees of Plant Asbestos have passed the following motion to allow for filing fee refunds for selected claims: “If a claim is submitted for a job site and/or ship exposure for a work site and/or ship subsequently dropped from the official site list, after the claim had been submitted to the trust and before it is approved for payment, that filing fee will be fully refunded to the claimant and/or the firm representing that claimant.”

 Medicare Certification

The Trust will accept electronic signatures on Certification(s) for Unpaid Claims – Claimed Exposure Post December 5, 1980 and Certification(s) for Unpaid Claims – Claimed Exposure Pre-December 5, 1980 (“Medicare Certifications”) pursuant to the following procedure:

1. A law firm representing Trust claimants that intends to sign and submit Medicare Certifications electronically must execute and return to the Trust an Agreement to Allow Electronic Signatures on Certifications for Unpaid Claims, attached as Exhibit A (“Electronic Signature Agreement”). Counsel to Trust claimants must use the fill and sign Adobe feature designated by the Trust, or a commercially available equivalent which produces an electronic signature in .pdf format, to electronically sign the Electronic Signature Agreement and then must submit it to the Trust via email to support@524gtrust.com. The Electronic Signature Agreement may also be executed manually and returned to the Trust via overnight courier. The Electronic Signature Agreement must be properly executed and returned to the Trust before a law firm representing Trust claimants may submit electronically signed Medicare Certifications to the Trust.
2. Counsel to Trust claimants must use the fill and sign Adobe feature designated by the Trust, or a commercially available equivalent which produces an electronic signature in .pdf format, to electronically sign Medicare Certifications. Counsel to Trust claimants must then submit the Medicare Certifications to the Trust via email at support@524gtrust.com using the language set forth in Exhibit B for each Medicare Certification submitted.
3. Trust staff will review all submitted Electronic Signature Agreements, and inspect all submitted Medicare Certifications and related emails, for compliance and, if satisfactory, scan completed Medicare Certifications into the Trust’s online claims processing system.

These provisions are expected to apply until May 30, 2020, or such prior or subsequent date as is determined at the sole discretion of the Trust. The Trust may revert to its prior policies at any time in its sole discretion.

Exhibit A- Electronic Signature Agreement
Exhibit B- Required for Certificate

Social Security Records

If the Injured Person has exposure at multiple sites, but there is no evidence supporting actual length of time at any of the sites, the Trust will allocate exposure based upon an even distribution of the total length of exposure among all sites claimed. The Injured Person’s attorney and the Injured Person or Personal Representative must provide declarations stating that the work sites listed include all work sites where the Injured Person worked, and that there is no other information available to demonstrate actual work time at each site. In addition, the interrogatories accompanying the claim must contain the Injured Person’s entire work history.

FURTHER that the Trustees, in agreement with the TAC and Futures Representative agreed that social security records could be used as some evidence when the claimant is a Plant Asbestos employee and there is no evidence of the actual number of days the claimant spent at a site. The Trust will calculate the claimant’s income ratios to determine the number of days spent at a Plant Asbestos site.

SOL- Tolling Period

Section 5.4(a)(2) of the Plant Trust Distribution Procedures originally provided that the Statutes of Limitation and Repose (“Limitations”) for claims which arose before the May 20, 2009 filing of the Petition in Bankruptcy (“Petition Date”) would be tolled through February 23, 2016.  In 2017, the Trustees, with the consent of the Trust Advisory Committee and the Futures Representative, further extended post-bankruptcy tolling of Limitations.

To avoid Limitations, claims for decedents who passed away:

i) prior to the filing of the bankruptcy petition, and not otherwise barred as of the Petition Date, must be filed with the Trust on or before September 30, 2018;

ii) between the Petition Date and September 30, 2017, and not currently in litigation in California, must be filed with the Trust on or before September 30, 2018.

Claims that do not fall into the above two categories will be subject to Trust Distribution Procedures Section 5.3 which states, “The statute of limitations and the choice of law determined applicable to claims against the Trust shall be determined by reference to the Tort System where a claim against the Debtor was pending on the filing date of the case (so long as Plant was subject to personal jurisdiction in that location), or where such a claim could have been timely filed as asserted by the claimant or Injured Person”.

 Successor in Interest Documentation

As a reminder, the Trust has historically accepted the following documentation to support a successor in interest signing a release:

• California Probate Code Section 13110 affidavits, properly completed under California law, and similar affidavits properly completed under those laws of other states;
• Letters testamentary and other documentation from probate proceedings definitively adjudicated by state courts of competent jurisdiction; and
• California CCP Section 377.32 affidavits, filed and accepted with a California court of competent jurisdiction, and similar affidavits filed and accepted by courts of competent jurisdiction in other states.

In addition to continuing to accept the above listed documentation in support of a successor in interest signing a release, the Trust will now also accept a form of Trust Affidavit from a successor in interest for this purpose. The form of Trust Affidavit is linked below.

In continuing to recognize the ongoing response to the outbreak of COVID-19 and related governmental restrictions, the Trust will accept electronic signatures for the form of Trust Affidavit consistent with the Trust’s Electronic Signature Policy as it applies to releases.

 Verification of Interrogatories by Claimant or Heir

For all claims filed with the Trust on or after December 1, 2010, the interrogatories must be verified by the claimant or heir. Any claim submitted without verified interrogatories will be returned to the firm with a deficiency letter.