Township of Doylestown, PA
Bucks County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Doylestown as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-20-1994 by Ord. No. 241]
The Board of Supervisors of Doylestown Township is hereby authorized to execute the Delaware Valley Workers' Compensation Trust Agreement for the participation of Doylestown Township in the Delaware Valley Workers' Compensation Trust, which agreement is attached hereto as Exhibit A and is on file for inspection and review at the Township Building located at 425 Wells Road, Doylestown, Pennsylvania. This agreement may be amended after the enactment of this article to conform to any requirements imposed by the Commonwealth of Pennsylvania and any of its agencies, including the Department of Labor and Industry Bureau of Workers' Compensation.
The participation of Doylestown Township in the Delaware Valley Workers' Compensation Trust is authorized for the purpose of enabling Doylestown Township to reduce the cost of workers' compensation claims through the creation of a group self-insurance fund.
Doylestown Township delegates to the Delaware Valley Workers' Compensation Trust the authority to pay workers' compensation benefits on its behalf in accordance with the Pennsylvania Workers' Compensation Act and the Pennsylvania Occupational Disease Act.[1]
[1]
Editor's Note: See 77 P.S. § 1 et seq. and 77 P.S. § 1201 et seq., respectively.
The Commonwealth of Pennsylvania Department of Labor and Industry Bureau of Workers' Compensation has approved the issuance of a permit to the Delaware Valley Workers' Compensation Trust to operate as a group self-insurance fund subject to certain conditions.
As an approved self-insurance fund, the Delaware Valley Workers' Compensation Trust will be responsible for the payment of workers compensation claims on behalf of all the Trust participants.
As set forth in the Delaware Valley Workers' Compensation Trust Agreement, the following conditions, among others, apply to the participation of Doylestown Township in the Delaware Valley Workers' Compensation Trust:
A. 
That the Trust shall consist of at least five homogeneous municipal participants organized as local government agencies under Pennsylvania law.
B. 
That each participant satisfies all eligibility and admission requirements for membership in the Trust.
C. 
That each participant pledges and agrees to appropriate funds to pay all its annual contributions and assessments which are required for the creation of a fund maintained at a level sufficient to pay all workers' compensation claims and related expenses incurred by the Trust participants.
D. 
That each participant agrees to jointly and severally assume and discharge the workers' compensation liabilities of each and every other participant in accordance with the Delaware Valley Workers' Compensation Trust Agreement when required to do so by the Pennsylvania Department of Labor and Industry Bureau of Workers' Compensation.
E. 
That each participant will institute any and all loss prevention measures or risk management procedures as may be required for the purpose of minimizing or eliminating workplace risks to its employees.
F. 
That each participant cooperate fully with the Trust's service and fiscal agents, attorneys, claims adjusters and any other agents or employees of the Trust with respect to the investigation, defense and settlement of the claims.
G. 
That each participant designate a person to be responsible for all contacts with the Trust.
H. 
That each participant provide any information to the Administrator or Board of Trustees as may be required to effect the purposes and objectives of the Trust.
I. 
That each participant comply with all applicable statutes and regulations governing the payment of workers' compensation claims, including but not limited to the Pennsylvania Workers' Compensation Act[1] and any regulations promulgated thereunder.
[1]
Editor's Note: See 77 P.S. § 1 et seq.
Doylestown Township agrees to participate in the Trust for a minimum period of two years subject to the terms and conditions of the Delaware Valley Workers' Compensation Trust Agreement. After the expiration of that minimum two-year period, each participant may withdraw under the following conditions, subject to the right of arbitration as provided in the Delaware Valley Workers' Compensation Trust Agreement:
A. 
An opinion is rendered by the Trust-certified actuary that withdrawal will not result in the number of participants falling below the minimum required to assure the fiscal and actuarial soundness of the Trust itself;
B. 
The withdrawing participant is not then in default of its obligation to pay premiums, contributions or assessments;
C. 
The withdrawing participant shall pay the full amount of a termination contribution or any additional assessments as determined by the Board of Trustees in accordance with the Delaware Valley Workers' Compensation Trust Agreement and Bylaws; and
D. 
The Board of Trustees shall have received a certification from the Trust actuary that the withdrawal of the participant will not impair the actuarial soundness of the Trust, and if any municipal debt has been incurred by the participants to finance any portion of the Trust reserves, an opinion is obtained from bond counsel that such withdrawal will not adversely affect the tax-exempt status of any interest paid and any debt incurred by the participants or any legal entity created for the purpose of incurring such debt. As used herein, the term "debt" shall include any municipal bonds, certificates, letters of credit or other instruments of municipal indebtedness.
Participation of Doylestown Township in the Delaware Valley Workers' Compensation Trust will be effective upon final approval of the Trust permit application by the Pennsylvania Department of Labor and Industry Bureau of Workers' Compensation or upon any other date determined by the Department.
All contributions and assessments paid by Doylestown Township shall be made with funds appropriate by Doylestown Township for that purpose.
The organizational structure of the Trust shall consist of a Board of Trustees, an Administrator, claims administration/loss control consultant(s) and various service agents appointed by the Board of Trustees in accordance with the Delaware Valley Workers' Compensation Trust Agreement and any bylaws adopted pursuant thereto.
As set forth in the Delaware Valley Workers' Compensation Trust Agreement, the funds required for the creation and operation of the Trust shall be provided by the participating municipalities through annual appropriations.
The Delaware Valley Workers' Compensation Trust is empowered to enter into contacts for policies of group insurance and employee benefits, including social security, for any of its employees.
As a condition of participating in the Delaware Valley Workers' Compensation Trust, Doylestown Township agrees to:
A. 
Pay all annual contributions or assessments as may be required by the Board of Trustees.
B. 
Appoint a representative to sit on the Board of Trustees and designate a contact person for the purpose of communicating with the Trust or its representatives.
C. 
Not withdraw from the Trust for a period of two years following its admission to the Trust, subject to the terms and conditions of the Delaware Valley Workers' Compensation Trust Agreement.
D. 
Withdraw from the Trust only upon satisfaction of the conditions set forth in the Delaware Valley Workers' Compensation Trust Agreement.
E. 
Perform all covenants contained in the Delaware Valley Workers' Compensation Trust Agreement and delegate to the Board of Trustees the powers and authorities enumerated in that Agreement.
F. 
Comply with all the conditions set forth in the Delaware Valley Workers' Compensation Trust Agreement governing the handling and payment of claims, including the defense and settlement thereof.
G. 
Appropriate the funds needed to pay all its contributions and assessments as may be required by the Board of Trustees in accordance with the Delaware Valley Workers' Compensation Trust Agreement.
H. 
Cooperate with the Trust, its agents or employees and provide the Trust with all information it needs for the operation of the Trust, including any underwriting or claims data which may be requested by the Board of Trustees or their designee.
This article is being enacted pursuant to the Pennsylvania Intergovernmental Cooperation Act.[1]
[1]
Editor's Note: See 53 Pa.C.S.A. § 2301 et seq.
[Adopted 1-20-2015 by Ord. No. 375]
A. 
The Chairman of the Board of Supervisors and Secretary of the Township are hereby authorized to adopt the Restated Trust Agreement and any other agreements necessary for the Township's participation in the Trust. The Restated Trust Agreement is on file for inspection and review at the Township's offices at 425 Wells Road, Doylestown, Pennsylvania 18901. The Restated Trust Agreement may be subsequently modified or amended in accordance with its terms, but in no event shall such modifications or amendments divert any of the Trust funds from the purposes of the Trust.
B. 
The Township may withdraw from the Trust in accordance with the Restated Trust Agreement, including if the Board of Supervisors determines the modifications or amendments are not in the best interests of the Township.
The participation of the Township in the Trust is authorized for the purpose of pooling resources for the purpose of providing unemployment compensation insurance for participating employers at reasonable cost.
As set forth in greater detail in the Restated Trust Agreement and as otherwise stated herein, the following conditions apply to the participation of the Township in the Trust:
A. 
That each participating employer must meet the admission and eligibility requirements set forth therein;
B. 
That each participating employer agrees to pay all contributions when due as provided in the Restated Trust Agreement or as otherwise established by the Board of Trustees; and
C. 
That each participating employer complies with all other conditions of the Restated Trust Agreement.
The Township agrees to participate in the Trust and may withdraw for any reason and in accordance with the Restated Trust Agreement provided that it has fulfilled all its financial obligations to the Trust upon withdrawal.
The effective date of the Township's agreement to and joinder in the Restated Trust Agreement and the participation of the Township in the Trust pursuant to the terms of the Restated Trust Agreement will be January 20, 2015.
A. 
Each participating employer delegates to the Board of Trustees the powers enumerated in the Restated Trust Agreement.
B. 
The organizational structure of the Trust shall consist of a Board of Trustees. Under the Restated Trust Agreement, the Board of Trustees is authorized to, among other things, enter into contracts with third parties to perform various services necessary for the administration of the Trust.
The funds required for the operation of the Trust shall be provided by the participating employers through scheduled appropriations as determined by the Board of Trustees.
The Trust is empowered to enter into contracts for policies of group insurance and employee benefits, including Social Security, for employees of the Trust, if any.
As a condition of participating in the Trust, the Township agrees to comply with all of the terms and conditions in the Restated Trust Agreement.
A. 
The Secretary of the Township shall provide a certified copy of this article upon its enactment to the Board of Trustees of the Trust.
B. 
The Board of Supervisors of the Township is hereby authorized to take any and all such other actions as may be necessary or appropriate to carry out the purposes of this article and comply with the requirements of the attached Restated Trust Agreement and any duly adopted amendments thereto.
C. 
The duration of the term of the Township's participation in the Trust and obligations under the Restated Trust Agreement shall continue until withdrawal from the Trust by the Township in accordance with the terms of the Restated Trust Agreement.
D. 
The Board of Supervisors hereby specifically finds and determines as follows:
(1) 
The conditions of the intergovernmental cooperative agreement are set forth in the Restated Trust Agreement incorporated by reference herein.
(2) 
The Township shall participate in the Trust in accordance with the Restated Trust Agreement until it withdraws by giving notice to the Board of Trustees in accordance with the terms of the Restated Trust Agreement.
(3) 
The purpose and objectives of the intergovernmental cooperative arrangement, including powers and scope of authority delegated to the Board of Trustees, are set forth in the incorporated Restated Trust Agreement.
(4) 
The manner and extent of financing of the agreement are that funds to implement the Township's obligations under the agreement shall come from the normal and usual budgeted amounts for Township employee compensation and employee benefits and no borrowing is anticipated to be required.
(5) 
The Trust shall be managed by the Board of Trustees pursuant to the terms of the Restated Trust Agreement.
(6) 
All assets and property, real or personal, of the Trust shall be titled to, acquired, managed, licensed or disposed of by the Trust, and its Board of Trustees, in accordance with the terms of the Restated Trust Agreement.
(7) 
The Trust in accordance with the Restated Trust Agreement shall be empowered to enter into contracts for policies of group insurance and employee welfare benefits to be offered to participating employers for their eligible employee and dependents.
The provisions of this article are severable and in the event that any provision is held invalid, void, illegal, or unconstitutional by any court, it is the intent of the governing body that such determination by the Court shall not affect or render void the remaining provisions of this article. It is the declared intent of the governing body that this article would have been enacted if any provision subsequently declared to be void, invalid, illegal or unconstitutional had not been included at the time of enactment.
Nothing in this article shall be interpreted to affect any rights or liabilities of the Township, or to affect any cause of action, existing prior to the enactment of this article.
This article shall become effective immediately upon its enactment.
This article is being enacted pursuant to the provisions of the Pennsylvania Intergovernmental Cooperation Law, Act of July 12, 1972, No. 180, as amended, 53 Pa.C.S. §§ 2301, et seq.