[Adopted 5-5-1995 by Ord. No. 891]
The Council of Media Borough is hereby authorized
to execute the Penn PRIME Workers' Compensation Trust Agreement (or
Member Participation Agreement), which Trust Agreement provides for
the participation of Media Borough, in cooperation with other Pennsylvania
municipalities and local public agencies, in the Penn PRIME Workers'
Compensation Trust. The Trust Agreement, which specifies the organizational
structure necessary to implement the program, is on file for inspection
and review at the offices of the Pennsylvania League of Cities and
Municipalities, 414 North 2nd Street, Harrisburg, Pennsylvania 17101,
and is incorporated herein by reference. The Agreement may be amended
after the enactment of the ordinance by a majority vote of all of
the Trustees, subject to the provisions of Article 8 of the Trust
Agreement.
The participation of Media Borough in the Penn
PRIME Workers' Compensation Trust is authorized for the purposes of
enabling Media Borough to ultimately reduce and stabilize the cost
of its workers' compensation and occupational disease obligations
through the creation of a joint fund to be used for the payment of
workers' compensation, occupational disease, and employer's liability
claims on behalf of all participants in the Penn PRIME Workers' Compensation
Trust.
As set forth in the Penn PRIME Workers' Compensation
Trust Agreement, the following conditions, among others as set forth
in the Trust Agreement, apply to the participation of Media Borough
in the Penn PRIME Workers' Compensation Trust:
A.
That each participating municipality meets the admission
and eligibility requirements set forth therein.
B.
That each participating municipality agrees to pay
all of its annual contributions and any assessments which are required
for the creation and maintenance of the General Operating and Restricted
Surplus Funds created pursuant to the Penn PRIME Workers' Compensation
Trust, and that each agrees to be jointly and severally responsible
for the obligation of each and every other party to the Trust Agreement
to discharge the liabilities arising under the Pennsylvania Workers'
Compensation Act and the Pennsylvania Occupational Disease Act.
C.
That each participating municipality comply with the
terms of the Trust Agreement as respects contributions, required loss
prevention methods, cooperation with the Trust service and fiscal
agents, attorneys, claims adjustors, etc., and that each participating
municipality comply with all applicable statutes and regulations governing
the payment of workers' compensation claims, including, but not limited
to, the Pennsylvania Workers' Compensation Act and the Pennsylvania
Occupational Disease Act.
Media Borough agrees to participate in the Trust
for a minimum period of two years.
Each participating municipality delegates to
the Trustees of the Penn PRIME Workers' Compensation Trust the powers
enumerated in the Trust Agreement, including the right to expel participants
under certain conditions. The terms of the Trust Agreement govern
the manner in which property shall be acquired, managed, licensed
or disposed of. The Trust shall be empowered to enter into contracts
for policies of group insurance and employee benefits, including social
security for its employees.
As a condition of participating in the Penn
PRIME Workers' Compensation Trust, Media Borough agrees to:
A.
Pay all annual contributions or assessments as may
be required by the Trustees.
B.
Designate a contact person for the purpose of communicating
with the Trust or its representatives.
C.
Perform all covenants contained in the Penn PRIME
Workers' Compensation Trust Agreement and delegate to the Trustees
the powers and authority enumerated in that Agreement.
This article is being enacted pursuant to 53
P.S. § 481 et seq.[1] and Article VII of the Act of June 2, 1915, P.L. 736,
No. 338, as reenacted and amended (the Pennsylvania Workers' Compensation
Act).
[1]
Editor's Note: 53 P.S. § 481 was
repealed December 19, 1996, by P.L. 1158, No. 177, § 2(a).
See now 53 Pa.C.S.A. § 2301 et seq.
