A.
There shall be an Insurance Department headed
by an Insurance Officer who shall be appointed by the County Executive
based on his or her education, experience and qualifications to perform
the duties of the office, subject to confirmation by the County Legislature. The Insurance Officer shall serve as the administrator of the County's
self-insurance plan. He or she shall serve at the pleasure
of the County Executive and shall have all the powers and perform
all the duties now and hereafter conferred or imposed upon him or
her by law, and perform such other and related duties as required
by the County Executive and County Legislature.
B.
Powers and duties. The Insurance Officer shall:
(1)
Have general charge and responsibility for
duties and functions relating to insurance as delegated to him or
her from time to time by the County Executive and County Legislature;
(2)
Subject to County Executive approval, have
the authority to administer the self-insurance plan as provided for
in Article 5 of the Workers' Compensation Law;
(3)
Contract for the services deemed necessary
for the operation of the plan and, within the limits of the appropriation
made for this purpose, approve all bills or claims related thereto
before payment is recommended;
(4)
Have the authority to settle any case subject
to the approval of the County Attorney; and
(5)
Have authority to appoint deputies within
the limit of the appropriation for this purpose, and designate a first
deputy who shall act as Insurance Officer in the event of the Insurance
Officer's absence from the County or inability to perform and exercise
his or her powers and duties.
C.
Reports. On or before March 1 of each year, the Insurance
Officer shall make an annual report to the County Legislature and
County Executive for the immediately preceding calendar year, covering
generally the work of the department. The Insurance Officer shall
make such other reports at such times as may be required by the County
Legislature, County Executive or any applicable law. Copies of all
reports shall be filed with the Clerk of the County Legislature and
the County Executive.
A.
The Insurance Officer shall have the power to appoint
one or more Deputy Insurance Officers, within the limits of appropriations
therefor. Every appointment shall be in writing and filed in the Office
of the County Clerk and the Clerk of the Legislature.
B.
The term of office of any deputy not classified as
competitive under the County's civil service rules, appointed hereunder,
shall coincide with that of the Insurance Officer, provided that such
appointment may be revoked at any time by the Insurance Officer by
written revocation filed with the County Clerk. Positions of Deputy
Insurance Officer may be in the exempt class of civil service; or
in the alternative, the deputy may also be an additional title which
may be designated by the Insurance Officer for a department staff
member.
C.
Deputy Insurance Officers shall perform such duties
pertaining to the office of the Insurance Department as the Insurance
Officer may direct and shall act generally for and in such place of
the Insurance Officer and perform such other and further duties as
the Insurance Officer may assign.
D.
The designation of an order of succession for the
position of Deputy Insurance Officer shall be filed with the County
Clerk and the Clerk of the County Legislature and may be revoked at
any time by the Insurance Officer filing a new written designation
of order of succession.
A.
The plan of self-insurance provided for in Article
5 of the Workers' Compensation Law is hereby established and shall
be known as "Ulster County Self-Insurance Plan."
B.
Participants.
(1)
The County of Ulster shall be a participant in the
plan. Any city, town and village, any fire district in any town which
is not a member may elect to become participants in the plan. Any
eligible municipality or public entity electing to become a participant
shall file a certified copy of a resolution of its governing body
electing to become a participant, with membership to become effective
upon approval of the Plan Administrator. Any participant may withdraw
from the plan effective at the end of a fiscal year by filing with
the Clerk of the Legislature, on or before the preceding first day
of July, a certified copy of a resolution of its governing body, electing
to withdraw from the plan, upon the condition that it agrees to pay
its proportionate share of the estimated liabilities of the plan at
the time of withdrawal. Payment of such liabilities shall be made
in a lump sum or the administrator may, upon approval of the County
Executive, permit said payment to be made in installments.
(2)
Each participant in the plan shall cooperate fully
with the administrator in the administration of the plan, and annually,
within 30 days of the close of each calendar year, and at such other
times as the administrator may require, shall render such reports
as may be requested, and shall promptly furnish all pertinent information
relative to any claim and aid in the investigation of any claim involving
such participant.
(3)
Every new employee of any participant in the plan
except volunteer fireman and civil defense volunteers may be required
to undergo a physical examination before undertaking any of the duties
of employment, except in the case of an emergency, in which case a
participant employing such an employee may arrange for physical examination
at the earliest possible time after undertaking the required duties.
The expense of such physical examination may be paid from the funds
of the plan upon approval of the administrator.
(4)
For any violation of the provisions of the foregoing Subsection B(2) and (3) of this section, or of the requirements of the Workers' Compensation Law, by a participant, the administrator shall charge a penalty of $100 against said participant. In addition, the Legislature may by a majority vote expel such participant from the plan, and shall fix the amount of the share of such participant in outstanding claim, if any.
(5)
The share of each participant in the plan shall be
collected as provided in §§ 67 and 71 of the Workers'
Compensation Law, except that the share of each city, village, town
and fire district participating in the plan shall be collected through
the next succeeding tax levy.
(6)
The apportioned share of each participant shall be
based 50% on the assessed valuation method and 50% on the loss-experience
percentile to be calculated on the three years immediately preceding
the current year.
(7)
Any participant with a single occurrence, which involves
one or more individuals, and the incurred cost exceeds $50,000 in
any experience calendar year, would be obligated to assume 50% of
said experience in determining his or her loss-experience percentile
for the duration of the three years which comprise the retrospective
experience rating plan. The cost of the remaining 50% of this experience
shall be shared by all plan participants and used in determining the
loss-experience percentile for the duration of the three years which
comprise the retrospective experience rating plan. Certain claims
such as controverted, contested or large scheduled loss claims may
not apply to this credit. The determination will be made by the administrator.
C.
Reserves.
(1)
Reserves not to exceed the unpaid workers' compensation
claim liabilities of the plan are hereby established for the plan.
(2)
There shall be an annual appropriated contribution
to said reserves by each participant, not to exceed $50,000, until
such time as the maximum established reserves are reached and maintained.
D.
Excess or catastrophe insurance. The administrator,
subject to the approval of the County Executive, may purchase excess
or catastrophe insurance, the cost thereof to be paid from the funds
of the plan.
E.
Custodian of funds. The Commissioner of Finance shall
be the custodian of all monies of the plan and shall disburse the
same in conformity with Article 5 of the Worker's Compensation Law.
F.
Miscellaneous. Any representative or agent under contract
with the administrator shall perform such duties as may be necessary
to operate the plan in accordance with the Workers' Compensation Law;
shall make the reports required by law; shall attend hearings of cases
before the Workers' Compensation Board; shall have the power to authorize
necessary medical care which appears from medical reports and information
to be justifiable; shall have the authority to purchase supplies,
stationary, forms, books, and equipment necessary for the operation
of said plan within the limits of the appropriations and subject to
the approval of the administrator and the rules of the Legislature.
