[HISTORY: Adopted by the Rockland County Legislature 8-19-1980 by L.L. No. 7-1980. Amendments noted where applicable.]
GENERAL REFERENCES
Accident and health insurance — See Ch. 121, Art. I.
Rules and regulations for the administration of the Rockland County Workers' Compensation Self-Insurance Plan are hereby promulgated.
[Amended 4-1-1986 by L.L. No. 3-1986]
In addition to the County of Rockland, participation in the Rockland County Workers' Compensation Self-Insurance Plan shall be available only to towns, villages, library districts, school districts and contract agencies as defined under § 62 of the Workers' Compensation Law and any agency thereof within Rockland County. All other types of corporations, public or otherwise, are hereby prohibited from membership in the plan.
A. 
Participants, as defined in § 189-2 hereof, other than those that join this plan prior to its effective date, shall be admitted as of the January 1 following the date of application for participation; provided, however, that a certified copy of a resolution of the governing body of the applicant authorizing participation in this plan shall be filed with the Committee by the preceding October 31.
[Amended 12-27-1990 by L.L. No. 16-1990; 12-17-1991 by L.L. No. 15-1991]
B. 
Those participants joining the plan prior to the commencement of the plan shall file their application and certified copy of a resolution of the governing body authorizing participation in this plan no later than the 15th day of September 1980.
C. 
The provisions of Subdivision 3 of § 63 of the Workers' Compensation Law shall not apply, and the plan shall not include any compensation, assessments or other obligations under the Volunteer Firemen's Benefits Law.
D. 
Each participant, prior to its admission to the plan, shall provide the Committee with its history of actual claims loss for the preceding five calendar years and any other information as deemed by the Committee to be necessary to ascertain the participant's experience rating and responsibility for the annual estimate of expenses of the plan.
[Amended 5-20-2003 by L.L. No. 7-2003]
E. 
Any participant in the plan may withdraw from the plan by forwarding to the Committee a certified copy of a resolution of the participant's governing body authorizing said withdrawal at least 120 days prior to the effective date of the withdrawal. A participant's responsibility for the liabilities of the plan as required by § 65 of the Workers' Compensation Law shall be determined by the Committee within one year of the effective date of the participant's withdrawal from the plan. The Committee shall determine an equitable share of the outstanding liabilities of any participant as of the effective date of the participant's withdrawal from the plan and shall determine whether the participant shall pay in a lump sum or in installments the aforesaid equitable share of outstanding liabilities of the plan.
[Amended 4-1-1986 by L.L. No. 3-1986; 12-27-1990 by L.L. No. 16-1990]
A. 
The annual estimate of expenses of the plan shall be apportioned among the participants according to a calculated formula claims experience rating, as determined by the Committee. This determination shall be based upon the actual claims experience of the participants for at least three consecutive calendar years, but not more than five consecutive calendar years, immediately preceding the year for which the estimate of annual expenses is being prepared.
B. 
Notwithstanding any other provisions of this section to the contrary, the amount due for a participant in the plan for the annual estimated expenses of the plan shall be 90% of the amount determined in Subsection A herein of the annual estimate of expenses of the plan for the participant's first year in the plan and 100% of the amount of annual estimated expenses of the plan for the participant's second year in the plan. Thereafter, each participant's liability for the annual expenses of the plan shall be determined as provided for in Subsection A herein.
[Amended 5-20-2003 by L.L. No. 7-2003]
A. 
The amount due from each participant as its share for the annual estimate of expenses of the plan shall be paid as follows: Fifty percent of said payment shall be paid by the first day of February of each year and the remaining 50% by the first day of March of each year.
B. 
Those participants joining the plan prior to its commencement shall pay their share of annual expenses for 1981 on or before the 15th day of December 1980. In the event that a participant fails to pay its share of the annual estimate of the expenses of the plan as provided herein, the County of Rockland may recover said amount, as certified by the County Treasurer to the County Legislature, by an action brought on behalf of the County in any court of competent jurisdiction or include said amount in the next succeeding tax levy, if any, against the taxable property located within the jurisdiction of the participant who has failed to pay. The Committee shall notify the participants of their individual liability for the annual estimated liabilities of the plan no later than the 15th day of September of each year.
[Amended 4-1-1986 by L.L. No. 3-1986; 6-20-1989 by L.L. No. 5-1989; 10-7-2003 by L.L. No. 12-2003]
A reserve in an amount equal to 190% of the annual estimated claims liability of the participants, as determined by the Committee, is hereby established. The determination of the participants' claim liability by the Committee shall be based upon the actual claims experience of the participants for at least three consecutive calendar years but no more than five consecutive calendar years immediately preceding the year for which the estimate of claims experience is being prepared. Such an amount shall be accumulated by adding to the participant's liability for the annual estimated expenses of the plan an amount equal to 1/5 of the participant's estimated claims liability, as determined by the Committee, for the first year of membership in the plan and a like sum for each year thereafter, until the participant has contributed an amount to the reserve equal to 190% of the participant's annual estimated claims liability, as determined by the Committee. The participant's responsibility for contribution to the reserve fund as set forth herein shall be collected and recovered in the same manner as the participant's annual liability for the annual estimated expenses of the plan. Notwithstanding any other provisions of this chapter to the contrary, any participant in the plan as of July 1, 1989, shall be permitted at least 12 years to make its contribution to the reserve fund as established herein in an amount equal to 190% of the participant's annual claim liability as determined by the Committee.
A. 
Each participant shall maintain a record of all injuries received by employees in the course of their employment. The following or equivalent reports, as well as any other required to be filed with the Workers' Compensation Board pursuant to the Workers' Compensation Law, shall be filed promptly with said Board, and copies thereof shall be filed at the same time with the Committee:
(1) 
Form C-2: employer's report of injury.
(2) 
Form C-11: employer's report of injured employee's change in employment status resulting from injury.
(3) 
Form C-61: supplemental report of employer in death case.
(4) 
Form C-240: employer's statement of wage earnings preceding date of accident.
(5) 
Form C-107: employers's request for reimbursement.
B. 
Such other reports and forms as required by the Committee and such other information as may be requested by the Committee shall be filed promptly by the participant with the Committee.
C. 
Forms for reports to be filed by participants pursuant to this section shall be furnished by and be an expense of the plan.
D. 
The Committee shall report to the Legislature failure of a participant to file required reports.
The Committee shall develop and enforce safety programs designed for the responsible and reasonable protection of the lives, health and safety of the participants' employees. The participants shall abide by the safety recommendations of the Committee and shall take such steps as may be deemed by the Committee as reasonable to protect the lives, health and safety of the participants' employees. The Committee shall report to the Legislature of Rockland County the failure of a participant to abide by the safety recommendations of the Committee. Notwithstanding any other provision to the contrary, nothing herein shall be construed to prohibit any participant from developing or implementing any safety program or procedure, provided that said program or procedure has been approved by the Committee as providing stricter standards of safety.
A. 
Each participant, prior to the employment of any person after the effective date of this chapter, shall submit such prospective employee to a physical examination by a physician to be selected by the Committee.
B. 
Prior to the employment of said prospective employee, a report of the physical examination shall be submitted to and filed with the Committee. The Committee shall forward a copy of the report of the physical examination of the prospective employee to the participant proposing to hire said prospective employee.
C. 
The extent of said physical examination shall be established by the Committee.
D. 
The charges set for said physical examination shall be borne and paid for by the plan.
E. 
The Committee may, in its discretion, waive a physical examination requirement when it deems such action to be in the public interest.
[Amended 9-5-1989 by L.L. No. 7-1989]
A. 
There shall be an excess coverage fund which shall be included in the annual estimated expenses of the plan, and each participant shall contribute thereto as provided herein. The special excess coverage fund shall be in an amount determined by the Committee to be sufficient to meet the purposes of this section. The participant's responsibility for contribution to the excess coverage fund shall be collected and recovered in the same manner as the participant's annual liability for the amount of the estimated expenses of the plan.
B. 
No claims experience of a participant, who has been a member of the plan for three consecutive years, as estimated by the Committee, shall exceed its previous year's claims experience by 30%. Any deficiency in a participant's annual liability, due to the provisions of this section shall be funded by the excess coverage fund established herein.
A. 
Penalties.
(1) 
The Committee, after giving 15 days' written notice of the proposed Committee action to the participant alleged to have violated the provisions of this chapter, may impose the following penalties upon a participant:
(a) 
For failure to file reports: a fine not to exceed $500 for any single violation.
(b) 
For failure to implement safety recommendations of the Committee: a fine not to exceed $500 for any single violation and an additional fine not to exceed $500 per day for each violation still in existence after the expiration of the 30 days from the receipt of a notice of additional penalty to the participant forwarded by the Committee by certified mail, return receipt requested.
(2) 
Notwithstanding any other provisions to the contrary, any financial penalty imposed by the Committee pursuant to this section may be recovered by an action in any court of competent jurisdiction on behalf of the County of Rockland or be included in the liability of the participant for the annual estimated expenses of the plan and collected in the same as said liability.
(3) 
Any participant who fails to pay its liability for the annual estimate expenses of the plan as provided herein shall be subject to an automatic penalty equal to 1 1/2% per month of the participant's liability for the annual estimated expenses of the plan until said amount is paid in full. The Committee, without notice, may impose an additional five-percent penalty if the participant's unpaid annual estimated liabilities of the plan is included in a succeeding tax levy.
B. 
Expulsion. The Committee may expel a participant for failure to observe the rules and regulations adopted herein or for any violation of the provisions of the Workers' Compensation Law, provided that the Committee's determination of expulsion shall be made after a public hearing of which the participant has had at least 15 days' written notice.
C. 
Regulations. The Committee shall have the power to adopt, amend or repeal rules and regulations consistent with this chapter for the conduct of hearings concerning the imposition of a penalty against or expulsion of a participant.
D. 
Judicial review. Any participant aggrieved by the imposition of a penalty or expulsion as provided herein may have the determination of the Committee reviewed by an Article 78[1] proceeding in the Supreme Court of Rockland County, provided that said proceeding is commenced within 30 days after the determination of the Committee sought to be reviewed.
[1]
Editor's Note: See Article 78 of the Civil Practice Law and Rules.
[Amended 11-5-1992 by L.L. No. 10-1992; 10-7-2003 by L.L. No. 12-2003]
The Commissioner of Finance of Rockland County shall be the custodian of the moneys of the plan. Such moneys shall be accounted for in a separate fund to be known as the "Rockland County Self-Insurance Fund" and shall be deposited in a bank or trust company designated in a manner provided by law as a depository of moneys of the County of Rockland. Disbursements of such moneys, except for payment of fixed salaries as provided herein, shall be made only upon order of the Committee.
The Committee may engage counsel in respect to any particular subject matter, proceeding or litigation, in which event the expense of engaging such special counsel shall be charged as an administrative expense of the plan.
A. 
The Committee of the Rockland County Workers' Compensation Self-Insurance Plan shall consist of seven members selected by the Legislature of Rockland County. The members of the Committee shall be residents of Rockland County.
B. 
The term of office of members of the Committee at the commencement of the plan shall be as provided herein. One member shall be appointed for a one-year term; one member shall be appointed for a two-year term; one member shall be appointed for a three-year term; one member shall be appointed for a four-year term; one member shall be appointed for a five-year term; one member shall be appointed for a six-year term; and one member shall be appointed for a seven-year term. Thereafter, each member of the Committee shall be appointed for a seven-year term. Vacancies shall be filled for unexpired terms. The Association of Supervisors of Rockland County, Associations of Mayors of Rockland County and the participants to the plan may recommend any person to the Legislature for membership on the Committee. Nothing herein shall require the Legislature to appoint any of the recommendations of the aforesaid entities to the Committee.
C. 
Powers and duties. The Committee shall have such powers to administer the Rockland County Workers' Compensation Self-Insurance Plan as set forth in Article 5 of the Workers' Compensation Law, this chapter and such other incidental powers necessary to effectuate the purposes of this chapter. The Committee may employ such other persons as it may deem necessary for the operation of the plan, subject to the approval of the Rockland County Legislature; may purchase excess or catastrophe insurance, subject to the approval of the Rockland County Legislature; and may contract for necessary actuarial and other expert and professional services as is necessary for the operation of the plan.
[Amended 11-5-1992 by L.L. No. 10-1992; 10-7-2003 by L.L. No. 12-2003]
D. 
Members of the Committee other than paid elected public officials and all other officers and employees of the plan shall receive such salaries and other renumerations payable from the moneys of the plan as shall be fixed by the Rockland County Legislature. Notwithstanding any other provision to the contrary, no paid elected public official shall receive any compensation or remuneration from the moneys of the plan for any services provided. The officers and employees of the plan, other than paid elected public officials, shall be deemed to be employees of the County of Rockland, notwithstanding any other provision to the contrary.
[Amended 10-16-1990 by L.L. No. 12-1990]
E. 
The Committee may contract for services from the County of Rockland necessary for the operation of the plan, as provided herein; and such costs shall be payable from the moneys of the plan.
Notwithstanding any other provisions to the contrary, any expense, charges or costs of the plan shall be borne solely by the participants of the plan.