[HISTORY: Adopted by the Board of Supervisors
(now County Legislature) of Tompkins County as indicated in article
histories. Amendments noted where applicable.]
[Adopted 6-11-1956 by L.L. No. 1-1956]
The plan of mutual self-insurance heretofore
adopted by this Legislaturepursuant to former Subdivision 3-a of § 50
of the Workers' Compensation Law is hereby continued through December
31, 1956.
On and after January 1, 1957, the County of Tompkins shall participate in the plan of self-insurance provided for in Article 5 of the Workers' Compensation Law; and such plan is hereby established, to be known as the "Tompkins County Self-Insurance Plan."
The City of Ithaca and any of the towns and
villages within the County of Tompkins may become a participant in
the Tompkins County Self-Insurance Plan in the manner prescribed by
the rules and regulations adopted by the County Legislature. Such
rules and regulations shall also provide a method by which a participant
may withdraw from the plan.
The plan shall be administered in accordance
with the provisions of the Workmen's Compensation Law by an administrator
appointed by the County Legislature.
The amounts required for operation of the plan,
as estimated by the administrator, including contributions to the
reserve, shall be apportioned annually to each participant in the
proportion that the full valuation of its taxable real property bears
to the aggregate full valuation of all participants.
[Amended 1-14-1963 by L.L. No. 1-1963]
A reserve in the maximum amount of $100,000
is hereby established for the plan; such reserve shall be accumulated
and replenished by including in each annual estimate a sum not exceeding
$10,000.
The County Legislature shall by local law adopt
rules and regulations not inconsistent with this article or with the
Workmen's Compensation law for the fair and equitable administration
and operation of the plan.
[Adopted 6-11-1956 by L.L. No. 2-1956]
The rules and regulations hereinafter set forth are hereby adopted pursuant to Article 5 of the Workers' Compensation Laws for the administration of the Tompkins County Self-Insurance Plan.
A.
Participation. In addition to the county, participation
in the Tompkins County Self-Insurance Plan shall be available to cities,
towns and villages. All other types of public corporations are hereby
expressly excluded from such participation.
B.
Entry and withdrawal.
(1)
The City of Ithaca by resolution of its Common Council,
any town in the county by resolution of its Town Board, and any village
in the county by resolution of its Board of Trustees may elect to
become a participant in the plan, provided that a certified copy of
the resolution shall have been filed with the Clerk of the County
Legislature on or before the preceding July 15. Any participant may
withdraw from the plan as of the end of any fiscal year by filing
with the Clerk of the County Legislature on or before the preceding
July 15 a certified copy of a resolution of its governing body electing
to withdraw.
(2)
The assessment percentage for such participant shown
in the last annual estimate and apportionment of costs shall be applied
to the amount of the plan's outstanding liabilities at the date of
withdrawal, to produce the amount payable by the participant. The
amount payable by a participant upon withdrawal shall be collected
in full, or in such installments and at such dates as the County Legislature
may determine.
C.
Administration. The plan shall be administered by
an administrator appointed by the County Legislature upon recommendation
of the Compensation Committee. The first such appointment shall be
made at the first meeting of the County Legislature after the effective
date of this article for a term of office expiring December 31, 1957.
Subsequent appointments shall be made biannually at the organization
meeting of the Legislature in January of each even-numbered year for
the term of office for which the then members of such Legislature
were elected; and any vacancy in the office of administrator shall
be filled in the manner provided by law for the filling of vacancies
in appointive county offices. The Compensation Committee of the Legislature
shall act in an advisory capacity to the administrator and perform
such other duties in connection with the administering of the plan
as may be assigned to it by the County Legislature.
D.
Annual estimate. The administrator shall annually,
not later than the 15th day of August, file with the County Legislature
an estimate of the several amounts necessary for the ensuing calender
year to meet the payments with respect to the liability of participants
required to be made by the county, to pay the administrative expenses
of the plan, to repay any amounts advanced to the plan, and to provide
for contributions to the reserve. The administrator shall then determine
the share of amounts chargeable to each participant, furnish to the
County Treasurer a list of the amounts payable by each participant,
and notify each participant, in writing, not later than September
1 of the amount of its share.
E.
Apportionment of costs and payments by participants.
(1)
The total of the several amounts set forth in the
annual estimate shall be apportioned to each participant in the proportion
that the full valuation of its taxable real property bears to the
aggregate full valuation of all participants. The full valuation of
taxable real property shall be determined by the use of state equalization
rates established pursuant to Article 2-a of the Tax Law.
(2)
The share apportioned to each town participating in
the plan shall be collected by inclusion in the next succeeding tax
levy against the taxable real property in such town. The share apportioned
to each village participating in the plan shall be paid to the County
Treasurer by the Village Treasurer not later than 30 days after the
commencement of the next fiscal year of such village following notification
by the administrator of the amount of such share. If the City of Ithaca
is a participant in the plan, the share apportioned to the city shall
be paid to the County Treasurer not later than 30 days after the commencement
of the next fiscal year of the city following notification by the
administrator of the amount of such share.
F.
Capital reserve. The administrator shall determine
from year to year the amount required to establish or replenish the
reserve and the share of each participant therein for the ensuing
calendar year; provided, however, that the maximum amount of such
reserve shall not at any time exceed the sum of $100,000, and not
more than 10% of the maximum amount of the reserve fund shall be raised
in any one calendar year.
[Amended 12-26-1961 by L.L. No. 2-1961]
G.
Limitation of responsibility of the New York State
Department of Health, state aid reimbursement will be made on all
New York State Department of Health programs that are directly covered
by workers' compensation in an amount not to exceed the lesser of
the following: the premiums appropriated for any current year; or
the amount equal to the workers' compensation insurance fund reserve
of $100,000.
[Added 2-26-1961 by L.L. No. 2-1961; amended 1-14-1963 by L.L. No. 1-1963]
H.
Coverage of officers. Any of the participants may
bring its officers, whether elective or appointive, within the coverage
provided by this plan by appropriate action of its governing Board,
provided that a certified copy of the resolution is filed with the
Clerk of the County Legislature on or before July 15 of any year,
the additional coverage to commence on the first day of January of
the following year. Such coverage may be withdrawn in the same manner,
but it shall be deemed to continue from year to year for so long as
the municipality continues its participation in the plan, unless and
until it is withdrawn in the manner herein specified.
I.
Cooperation by participants and reports.
(1)
Participants in the plan shall cooperate with the
administrator by promptly filing all required reports, by aiding in
the investigation of claims, by developing and enforcing safety programs
and by furnishing any additional aid or information that may be required
to carry out the provisions and the intent of the Workers' Compensation
Law.
(2)
Each participant shall maintain a record of all injuries
received by employees in the course of their employment. An executive
officer of the participant, or the head of the department in which
the injured employee was employed at the time of the accident, shall,
within five days after the happening of the accident, mail or deliver
to the administrator a written report of the accident on a form provided
for the purpose, giving all the information required on such form.
(3)
Each participant shall file annually with the administrator
an employment report indicating by names of individuals the positions
filled or vacated. Each participant shall also file annually with
the administrator a roster of the active volunteer firemen, certified
by the Chief of the Fire Department. Forms for reports to be filed
by participants pursuant to this subsection shall be furnished by
and be an expense of the plan.
