Subrogation

If the Fund makes a payment under the terms of this Plan and the individual to or for whom the payment was made has a right to recover damages from another, the Fund shall be subrogated to that right to the extent of the payment of benefits made by this Plan.  The recipient of benefit shall do whatever is required to enable the Fund to exercise this right and shall do nothing to prejudice this right.  Should a recipient of benefits recover damages from another the recipient shall hold the proceeds in trust for the Fund to the extent of the Fund's payment.

Once a Third-Party's liability is resolved the individual will be required to reimburse the Fund up to the full amount of the recovery for the full amount of benefits received.  In such cases, the acceptance of benefits constitutes an agreement to reimburse the Fund for benefits paid up to the full amount of recovery.  By accepting benefits from the Fund, the injured party agrees that any amounts recovered by the injured party by judgment, settlement or otherwise will be applied first to reimburse the Fund.